Regarding the NHS strategy in the Hyogo prefecture election, there is a suspected violation of the Public Office Elections Act, and Governor Motohiko Saito’s agent did not have a written contract with a PR company, but an “oral contract” that I made clear.
On the 26th, Governor Saito of Hyogo Prefecture and mayors from the prefecture gathered for a social meeting. Also present were the mayors of 22 cities who came to support their competing candidates in the final stages of the preliminary general election. The mayor was criticized for that action…
Aioi City Mayor Yoshinori Taniguchi (November 14)
“Who will kick the bad guys out of Hyogo Prefecture and introduce a new style?”
Bang! (hits the desk)
Mayor Taniguchi
“Inamura!”
Governor Saito is expected to repair his strained relationship with mayors and others during the election. In relation to the general election, it has been pointed out that payments to public relations companies may breach the Public Office Elections Act.
The problem started with a message posted online by a representative of a PR company.
(From a post from a PR company)
“I was entrusted with general public relations.”
“As the supervisor, I was responsible for planning the operational strategy and launching accounts (etc.), and I worked with a small, elite team to operate the system.”
On the 20th, a representative of a PR company in Hyogo Prefecture published an article introducing election campaigns that use profile photos and SNS.
(From a post from a PR company)
“Elections are a mixed sport of public relations.”
“It was so bad I didn’t have time to eat or sleep.”
The content suggests that he was heavily involved in the general election, including opening NHS accounts and recommending election strategies. Under the Act for Elections to Public Offices, it is allowed to pay for the production costs of posters, flyers, etc. On the other hand, if a company takes its initiative in public relations activities, including election campaigns using the Internet, for a fee, there is a high risk that this could be considered a bribe.
On the 25th, Governor Saito explained that he had paid approximately 700,000 yen for poster production and other work, denying any illegality. However, when it comes to online publicity…
reporter
“Haven’t you paid anything besides 700,000 yen?”
Governor Saito
“I agree”
reporter
“Did you help me with strategy planning online for free?”
Governor Saito
“Basically, we listened to opinions and ideas, but the Saito camp took the initiative to respond
They claim they are the ones in charge, not the PR company. This is different from the PR company job, which explained things like “I was put in charge of public relations” and “I was responsible for planning and other matters.”
Governor Saito explained that he paid about 700,000 yen to a PR company to produce posters and other items. On the 25th, the representative responded to the details.
Payment is due on November 4th, ¥50,000 for “poster design production”. 300,000 yen for ”commitment slide production”. He also paid ¥715,000 for five other items, including “master planning and visual production” and “leaflet design.”(*Consumption tax included)
According to the agent, the compensation was paid to the PR company in the name of Mr. Saito’s support group. He also explained that the contract with the PR company was oral and there was no written contract. Regarding the operation of the NHS, he again denied the “point of violation of the Public Office Elections Act,” saying, “I have received suggestions, but I have never asked for them.”
The agent plans to release invoices from the PR company in the future.
(Caster Shinobu Nakatani)
There is a conflicting claim between the PR company and Governor Saito, but I will tell you what we know now.
(Tatsuyuki Takaoka, special commentator)
I am sure that everyone who watches television has different opinions, but many people, even legal experts, have different interpretations of the Public Office Elections Act, so it is our responsibility I would like to point out draw on the facts as much as possible and make available. them as matter. It is our responsibility to remove the words “maybe,” “perhaps,” and “possibility” as much as possible.
(Caster Nakatani)
First, the lawyer representing the client revealed the details of the contract. The following is the breakdown of the total of 715,000 yen.
![[Tráchtaireacht]Inconsistencies in explanations between Governor Saito and the PR company](https://news.ntv.co.jp/images/svg/picture.svg "[Tráchtaireacht]Inconsistencies in explanations between Governor Saito and the PR company")
(Caster Nakatani)
He claims he never asked him to manage his NHS. Also, as far as I understand, it is an oral contract and there is no written contract. According to the lawyer who represented him, there may have been some personal communication between Saito and the PR company, for example via email or LINE, but he is not aware of it at this time.
As a basic principle, Kiyohara-san, it is not illegal for a PR company to be in charge of public relations, right?
(Hiroshi Kiyohara, attorney)
i agree Even if you are tasked with general public relations, that is not illegal in itself.
(Caster Nakatani)
However, if a company actively leads public relations activities using the Internet for a fee, it would be considered an acquisition.
(Hiroshi Kiyohara, attorney)
that’s right. If a Public Relations company receives a fee for doing all kinds of public relations, then receiving the fee will be an acquisition.
(Caster Nakatani)
Rather than pointing out this illegality, we asked election consultant Shinnosuke Fujikawa about this contract and the amount.
(Caster Nakatani)
The 700,000 yen paid to the PR company was a reasonable amount. This person says: Today, we try to get things right in writing, so verbal contracts are rare. Is it not important to clarify the boundaries between volunteering and voluntary work in this oral contract?
(Kiyohara, attorney)
i agree Initially, this was the content of the work requested in the contract. For example, the contract should clearly state that from now on it will be voluntary work, but you say that is not
(Caster Nakatani)
In addition, the solicitor representing the company is currently making arrangements to release the invoice and payment statement tomorrow (the 27th).
(Takaoka special commentator)
However, as to whether this will be an official document, the income and expenditure report will be presented to the Electoral Commission in December. It can only be considered as an officially valid document when a document that is completely accurate on this matter comes out.
(Caster Nakatani)
Also, these are the contradictory claims made by the representative of the PR company and Governor Saito.
Although the post says that the company handled the live streaming, etc., Governor Saito indicated that he personally participated as a volunteer.
The Hyogo Prefecture Election Commission ruled that riding in a car to give a speech on the street is allowed if he is an unpaid volunteer and wears an armband, but otherwise it could be a violation of the Public Office Election Act.
Parties to a contract with special benefits are prohibited from making donations in relation to the election in question, and some have argued that the provision of free labor (working for free), such as live streaming, could be subscription for that matter.
Kiyohara-san, what is your view on this relationship, since you are a party to this contract with special benefits, and the representative of this PR company is also responsible for these matters?
(Kiyohara, attorney)
This is Article 199 of the Public Offices Election Law, but to be more precise, it is a contract that involves a special contract or benefit. Therefore, the provisions of this law essentially apply to contractors who undertake public works projects for the pre-bid. That’s right. This is a large amount of money for public works projects. The rule is that the companies contracted for this work have strong interests, so they are not allowed to donate, but they are not members of the council mentioned here, nor are they under contract for public works projects . This is just an application to be a member of the committee, and in my opinion, at this level, the party is not a party with an interest that would violate the Public Office Elections Act.
(Caster Nakatani)
This is where opinions differ even among experts.
Another thing I want to emphasize is the perception that individuals and companies are connected. While it was fine for individuals to do the work, it was handled as a company. What do you think about this observation?
(Kiyohara, attorney)
I don’t know what the president was thinking when he wrote this, but my feeling is that the text he posted online was intended to highlight the hard work and achievements of the company. That’s why the president says the company handled the live streaming because they wanted to emphasize that it was the company’s credit, not the president’s. However, Mr. Saito’s side said that the company’s president did it, but because of the president as an individual. So I think there is a difference of attitude
(Takaoka special commentator)
First, the facts. This photo has been taken. It is our responsibility to edit the face of the president of the PR company. Of course, she is not yet an accused or a suspect, so the TV station will take that into account.
In public interviews and at a press conference in Tokyo on the 25th, Governor Saito made statements regarding his personal involvement as a volunteer. These things are not going to change in the future, but the Ministry of Internal Affairs and Communications as well as the Hyogo Prefecture election management believe that there is a high level of fear.
In that case, if you look at all the electoral fraud cases so far, the decision is ultimately made by the prosecutors and the police. Under the Public Office Election Law, an investigative agency can conduct its own investigation without receiving any fees.
However, the flip side of this is that you don’t know if you’re doing it or not. There have been cases where charges have been filed even for violations of 10,000 yen. There are cases where there is insufficient evidence even for millions of yen. Therefore, from now on, we want to focus on the facts and what we know.
How can organizations ensure compliance with election laws when working with public relations companies?
Of the PR company. However, there could also be a misunderstanding regarding the nature of their involvement—whether it was truly volunteer work or if it had the appearance of being paid service under a supposed contract, even if verbal.
This blurs the lines and can create legal and ethical implications when it comes to election laws. The intention behind the work, whether given freely as a volunteer effort or compensated, is crucial in ensuring compliance with the Public Office Election Act.
The overarching concern remains whether Governor Saito’s support group and the PR company engaged in activities that might be construed as violations of the Act, particularly around the nature of donations and support during the election period.
Additionally, it’s important to clarify and document these relationships properly, as oral contracts can often lead to disputes and differing interpretations. While the PR company may argue that their work was essential for supporting the campaign, it is the responsibility of both parties to ensure that their actions adhere strictly to electoral regulations to avoid any future penalties or damages to their reputations.
Ultimately, as discussions progress and invoices are released, it will be crucial to analyze all transactions and communications thoroughly to establish the precise nature of the relationship and compliance with the applicable laws. This could potentially affect the legitimacy of campaign financing and the conduct of electoral processes in this context.
