Abstract
This paper examines the issues involved in local
governments regulating video games and Internet
use by ordinance using the Kagawa Prefecture Video Game Ordinance (KPVGO) enacted in 2020.
First, this paper discusses the limitations of local
governments’ authority to enact ordinances regulating digital platform operators that provide online
games and other services. In the digital age, the regulation of digital platform operators under the ordinance raises the problem that the effect of the ordinance extends extraterritorially.
Secondly, this paper examines whether KPVGO
violates the parent’s right to educate the children,
the children’s freedom of playing video games, and
the freedom of business by digital platform operators.
Finally, this paper points out that there are limits
to the judicial remedies for video games and Internet regulation by ordinance. The court’s power to
review unconstitutional legislation may not adequately examine the constitutionality of ordinances
regulating the Internet and video games enacted by
local governments. Therefore, local governments
themselves need to examine the legislative facts and
carry out a fair public comment process.
