A Japanese expert warns that posting photos of completed ballots for a specific candidate on social media on voting day could violate election laws.
In Japan, the legality of posting on social media about voting on election day has come under scrutiny, with concerns that such posts could be interpreted as election campaigning. According to Shinichi Omura, a visiting professor at Shizuoka University and a former official at the Ministry of Internal Affairs and Communications, sharing a photo of a ballot along with messages encouraging votes for specific candidates could breach the Public Election Act, which restricts electioneering to the day before voting. This situation raises concerns about infringing on the constitutional right to secret voting, as voters could inadvertently compromise their privacy and the sanctity of the electoral process.
Further complicating matters is the lack of explicit regulations prohibiting photography inside polling stations. Although there are no clear laws against taking pictures, polling officials have the authority to expel anyone they deem to disrupt order within the voting area. Some municipalities have established local rules, such as prohibiting phone calls inside polling places under the premise of preventing potential voter coercion, and banning photography to avoid disturbing other voters. These local regulations reflect broader concerns about maintaining a fair voting environment and upholding the integrity of the election process.
The risks of misusing photographic evidence in polling places are not theoretical. An incident during the July 2022 House of Councillors election highlighted this issue, where individuals linked to the pachinko industry were arrested for attempting to violate election laws by having employees photograph their ballots. The captured images were allegedly used to ascertain whether the employees actually voted as instructed, raising alarm over the potential for coercive practices. This incident underscores the crucial need for clear communication from election management bodies to voters about these legal boundaries and the importance of safeguarding the election's integrity through informed voting behavior.
