6/25/2020 Details of 1999 (Gyo-Tsu) 35 | Judgments of the Supreme Court (2) Candidate-presenting political parties Candidate-presenting political parties may place an advertisement of a size of 38.5 centimetres in width and 4-16 columns in length in relation to the election during the election campaign in one paper between 8 to 32 times in accordance with the number of candidates presented by the given political party (Law 149, para.1, Rules Art.19, para.2). It is understood that in the advertisement, the name and photograph of the candidate can be included. 6) Political broadcast and CVs (1) Candidates Candidates may not make a broadcast of their political manifesto (Law Art.151-5). Concerning the broadcast of the candidate's CV, the Japan Broadcasting Corporation broadcasts the name, age, political party, and the gist of the CV at least 10 times by radio and once by television (Law Art.151, paras. 1 and 2). (2) Candidate-presenting political parties Candidate-presenting political parties may broadcast their political manifesto via the broadcasting installation of the Japan Broadcasting Corporation and the private broadcasting company in each prefecture designated by the Minister of Local Self Government at the length determined in proportion to the number of presented candidates (Law Art.150, paras. 1 and 4, Order Art.111-4, paras. 1 and 5). It is understood that in the political broadcast, presented candidates may appear and can be introduced in the programme. 7) Election Meeting (1) Candidates Candidates may hold personal election meetings without restriction on their number (Law Art.161, para.1, 161-2). (2) Candidate-presenting political parties Candidate-presenting political parties may, separately from the above, hold party election meetings in each constituency where a candidate was presented, without restriction on its number (Law Art.161, parta.1, 161-2). It is understood that in the party election meeting, it is allowed to ask the voters to vote for the candidate. Regarding the above, part of the election campaign cost of candidates concerning 4) and 7) is borne by the official budget, but for candidate-presenting political parties, there is no such provision. However, it should be noted that the requirement to qualify as a candidate-presenting political party is more or less identical to the requirements for receiving official subsidies for political parties (Law on the Subsidies for Political Parties, Art.2, para.1, Art.3; Law on the Granting of Juridical Personality to Political Parties which receive Official Subsidies, Art.3, para.1, Art.4, para.1), and there is no restriction on the use of the subsidies for political parties (Law on the Subsidies for Political Parties, Art.4, para.1), and subsidies can be used for election campaigns. 4. Appraisal of the differences By comparing the level of differences and its content based upon the above, the part of the election campaign which is allowed to candidate-presenting parties in small constituency elections, which can be regarded as a top up on the campaign by the candidates themselves, is more than equal to the election campaign allowed to the candidates themselves. Particularly, Article 150, para.1, which allows political broadcasting only to candidate-presenting political parties in small constituency elections and does not allow it to the others including candidates, has created a major difference in quality and quantity between candidates who belong to a candidatepresenting political party and those who do not belong to such parties. The reasons for creating such a difference in political broadcasting are explained by the fact that the constituencies have become smaller, more candidates than before are expected to stand and, it has become difficult to provide equal opportunities of political broadcasting to each candidate, candidate-presenting political parties have a broader area of election campaign and the use of radio and https://www.courts.go.jp/app/hanrei_en/detail?id=458 21/23