条例によるゲーム・ネット規制

――香川県ゲーム条例を題材として――

抄録

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.