You Can’t Stop the Signal
Freedom of political speech is essential to any liberal democracy, but this BBC article brings to light Japan’s tough laws against political web advertising during an election campaign.
Surprisingly, in a country with some of the fastest broadband speeds and a wide internet penetration, it is now illegal for candidates to create new websites or update existing web pages between now and election day, 29 July.
So instead, the loudspeaker vans are out on the streets again. The candidates sit inside, waving regally wearing white gloves, smiling and politely asking for votes.
Though perhaps not as extreme, Australia’s own laws are also restrictive when it comes to the Information Age, including the following rules:
- “All electoral advertisements are to include the name and address of the person who authorised the advertisement and, except in the case of newspapers, the name and place of business of the printer at the end.”
- “Election advertising in the electronic media is subject to a ‘blackout’ from midnight on the Wednesday before polling day to the end of polling on the Saturday. This three-day blackout effectively provides a “cooling off” period in the lead up to polling day, during which political parties, candidates and others are no longer able to purchase time on television and radio to broadcast political advertising.”
- You must not “print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote.”
- For Internet publications, authorisations aren’t required if it forms “part of a general commentary on a website,” but the evidential burden rests with the defendant in this case.
Though the last point attempts to address general commentary – which blogging would certainly fall under – the lines are still somewhat blurred. For example, if an election pamphlet has a link to a website, then is that website subject to the authorisation rule? Is Internet advertising subject to the media blackout? Would a candidate, say Andrew Bartlett, be liable for “misleading statements” made by one of his commenters?
It is valid to ask whether we need these laws in the first place, but in either case, technology moves at too fast a pace – the law cannot keep up.
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The vans that drive around saying “Expel The Barbarians!” are much more fun.
I have experience of the authorisation requirement from the 2004 election when I placed ads for my ORP team. The News Ltd suburban newspapers required not only the name and address, but that it be in capitals. Total morons.
The original justification for the electronic media blackout wasn’t about ‘cooling off’ but to prevent last minute misleading and deceptive advertisements when there was insufficient time to respond. For example, false allegations that a particular candidate was really a convicted paedophile.
In reality, the ability to quickly respond to a TV or radio report is far higher than with the print media, which has no limits. It’s an absurd infringement on free speech.
The requirement for authorisation does not actually prevent speech. It just ensures someone takes responsibility. I have less trouble with that although the need to include the printer is quite silly.
One can only imagine how much worse that place would be if America did not write them up a Constitution after WWII. Seriously, do these people walk around with sticks in their rectums?
Actually, Japanese are quite interesting people. Thier extreme social conservatism only applies to what you do *in public*. Everyone is extremely polite and says please and thank you 10 times. It is simply traditional to not make any scene or do anything out of the ordinary when in the company of strangers. But when in the company of friends or colleagues, they are real party animals.
“But when in the company of friends or colleagues, they are real party animals.”
It’s because they are repressed. It is their way of letting off steam because of the bullshit they have to put up with.
I will give you an example of my claim.
In the southern states of the United States, they have tougher crime laws, tougher laws to enforce what they consider morality, as well as longer jail times. However, they have higher crime rates and more drug use, more alcoholism, as well as more abortion than in the northern states.
Which, by the way, seems to strengthen the claim that Government heavy-handedness often has an effect contrary to what its intent was.
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