Takashi Tachibana Plans BPO Complaint Over Alleged Bias in Hodo Tokushu

“I’m thinking of taking this to the BPO without going to court.”

The turmoil in Hyogo Prefecture began in March of last year with the so-called document issue, when the former director of the Nishiharima Prefectural Citizens Bureau distributed a document accusing Governor Motohiko Saito (47) and his close aides to prefectural assembly members and media outlets. On March 4, a special investigative committee under Article 100 released its report, followed by a third-party committee report on the 19th, but the confusion shows no signs of ending.

Furthermore, various unresolved issues surrounding the gubernatorial election that threw Hyogo into disarray still remain. One of them is the Takashi Tachibana (57) issue.

During the election campaign, Tachibana was accused of spreading misinformation, posting defamatory videos on social media, and making threats against prefectural assembly members. Yet, there has been no visible response from law enforcement.

Recently, Tachibana has been clashing with the TBS-affiliated program Hodo Tokushu.

The program has been continuously investigating and scrutinizing the problems surrounding Governor Saito, and after each broadcast, it has become a routine for Tachibana to post a reaction video in which he watches the program and offers sharp critiques, repeatedly accusing it of biased reporting.

The March 15 broadcast investigated and analyzed defamatory or false videos spread during the election campaign. It reported on the background of video dissemination during and after the Hyogo gubernatorial election, and included several clips related to Tachibana that had circulated in the past.

Among them were videos showing him assaulting an NHK fee collector, and footage of a speech that appeared threateningly delivered outside the home of Kenichi Okutani, a Hyogo prefectural assembly member. Tachibana seemed particularly enraged by that day’s broadcast—likely because the following day was the voting day for the Chiba gubernatorial election, in which he was a candidate.

In a video posted on March 18, the day after the broadcast, Tachibana said:

“I’m thinking of taking this to the BPO without going to court. It’s during an election. To broadcast such clearly negative and factually inaccurate content about a single candidate the day before the vote—I’m going to go after them through the BPO.”

He also released a video showing himself calling the BPO to file a complaint.

It’s true that during the Hyogo gubernatorial election, even though various falsehoods were being spread, television stations refrained from reporting on the candidates. After the election, many commentators appearing on informational programs spoke as if avoiding any mention of candidates during the campaign period was a strict rule.

So, as Tachibana claims, could Hodo Tokushu’s broadcast be considered election interference?

 

In fact, the BPO reached a conclusion on this matter back in February 2017.

In a statement titled “Opinions on Television Broadcasts Related to the 2016 Election,” the BPO stated:

“While the Public Offices Election Act prohibits broadcasters from engaging in election campaigning, as long as they do not broadcast false information, distort facts, or otherwise abuse freedom of expression in a way that harms the fairness of the election, they are free to report on and comment on elections.”

Furthermore, it added:

“And given that such freedom is guaranteed, it is only natural that such reporting may result in advantageous or disadvantageous outcomes for certain candidates or parties, and that alone does not constitute a violation of political fairness.”

“The purpose of reporting and commentary on elections is, to begin with, to provide voters with information—on candidates’ policies, their qualifications as politicians, and the state of their campaigns—so they can make informed decisions about whom or which party to vote for.”

In other words, even if the reporting has a negative impact on a candidate, the BPO concluded that it is acceptable to report facts that should be reported.

“Because it’s the election period, reporting must be done this way.”

In response to the broadcast of “Hōdō Tokushū” that Mr. Tachibana took issue with, we asked lawyer Kyosuke Nishiwaki, a former head of the legal department at TV Asahi and an expert on the Broadcasting Act, for his opinion. He said the following:

“There is absolutely no problem. The media should keep a close eye on all candidates. If there are issues worth reporting on, it is the role of journalism to properly verify the facts and point them out, even during the election period—and that is precisely the BPO’s stance.”

During the Hyogo gubernatorial election, Governor Saito falsely stated in a campaign speech that “I have not committed power harassment,” and although Mr. Tachibana spread numerous unverified rumors, television did not report on any of this. After the election, many commentators and even lawyers appearing on TV talk shows said:

“We’re not allowed to talk about individual candidates during the election period.”

However, the BPO’s view is that:

“It is a basic duty of the mass media to check whether the claims made by political parties or candidates are based on factual information. Furthermore, even during the election period, it is expected that the media accurately point out and present issues with policies of parties or candidates to the public.”

According to lawyer Nishiwaki:

“There is nothing in the Broadcasting Act that says, ‘Because it’s an election period, reporting must be done in a certain way.’ Fairness is required whether it’s during the election period or not. If the statements or actions of Governor Saito or Mr. Tachibana during the election period are inaccurate or amount to defamation, then fact-checking and reporting on them fairly is perfectly acceptable. In fact, that is exactly what the BPO believes should be actively done.”

So why didn’t TV report on it?

“A mechanically equal broadcast is just easier—no one complains. That’s why, even if broadcasters are aware of the BPO’s stance, they may choose the safe route. But I think, in this Hyogo gubernatorial election, there was a growing sense that playing it safe just wouldn’t cut it anymore, and that led to Hōdō Tokushū’s coverage.” (Nishiwaki)

Mr. Tachibana’s complaint is unlikely to succeed, but had television fulfilled its role properly during the Hyogo gubernatorial election, the ongoing confusion might have been avoided.

The BPO’s opinion statement concludes with the following:

“In these times—arguably a crisis of democracy—it is more important than ever that each and every person involved in broadcasting appeal to the public about the significance of elections, raise public interest, and, in order to make voters’ choices more meaningful, broadcast without fear.”

It’s not too late. It’s time for the so-called old media to return to its true role.