Experts warn minister not to abuse her power over broadcasting

Shuichi Yutska, The Asahi Shimbun, March 3, 2016

http://ajw.asahi.com/article/behind_news/social_affairs/AJ201603030050

  accessed March 3, 2016

l  日本，亞洲民主的資優生面臨民主的考驗。民選的領袖覺得言論自由礙手礙腳。這是台灣追求民主的遠景嗎？

Experts warn minister not to abuse her power over broadcasting

Law, politics and other experts blasted communications minister Sanae Takaichi over her threat to shut down broadcasters if the government judges them as biased.

Five leaders in their respective fields, including Yoichi Higuchi, professor emeritus of the Constitution at the University of Tokyo, said at a news conference in Tokyo on March 2 that it is unconstitutional to take such a move based on the Broadcast Law’s Article 4 that stipulates political neutrality.

Law, politics and other experts blasted communications minister Sanae Takaichi over her threat to shut down broadcasters if the government judges them as biased.

 Five leaders in their respective fields, including Yoichi Higuchi, professor emeritus of the Constitution at the University of Tokyo, said at a news conference in Tokyo on March 2 that it is unconstitutional to take such a move based on the Broadcast Law’s Article 4 that stipulates political neutrality.

 All five are members of “Save Constitutional Democracy Japan,” which consists of experts in law, politics and other fields.

 The group made a statement at the news conference which read: “If the government intervenes in the contents of broadcasts in a form of an order by the communications minister, the broadcasters’ activities of expression could excessively cower. There is also a high risk that such an order corresponds to abuse of power by the minister.”

 They also said that issuing an order based only on the vague wording of the law’s Article 4 “will not be able to escape from judgment that it is unconstitutional.”

 Higuchi pointed out that politicians making judgments on whether the contents of broadcasts are politically fair presents a problem.

 “The basic principle of a free democratic society that any person cannot appoint themselves as court judges about matters they are involved in is important,” he said.

 Osamu Nishitani, a specially appointed professor of philosophy at Rikkyo University, said: “The feeling that it is biased and political to criticize the government is spreading. It was within this climate that communications minister (Takaichi) made the remark. People who are involved in the activities of expression have to think about the remark seriously.”

 Takaichi originally made the remark at the Diet hearings on Feb. 8. “We cannot promise not to take any response when a broadcaster shows no improvement and repeatedly airs (politically unfair news reports) despite (the ministry’s) administrative instructions,” she said.

She reiterated at a Lower House Budget Committee session on Feb. 29 that the government can suspend a broadcaster’s programming but only after carefully and thoroughly examining the contents.