汚れを落として描く「グラフィティ」 日本でやったら違法?

ヒップホップ界のトップアーティスト、エミネムのプロモーションが斬新だと話題を集めている。スウェーデンの首都・ストックホルムの街中、横断歩道上や壁などにいたるところに、彼の名前とニューアルバムのタイトルが次々と描かれる――その様子を撮影した動画がネットで公開され、大きな反響を呼んでいるのだ。
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壁の汚れを落として「文字」を浮き立たせるエミネムの「広告」 日本でやったら違法?

ヒップホップ界のトップアーティスト、エミネムのプロモーションが斬新だと話題を集めている。スウェーデンの首都・ストックホルムの街中、横断歩道上や壁などにいたるところに、彼の名前とニューアルバムのタイトルが次々と描かれる――その様子を撮影した動画がネットで公開され、大きな反響を呼んでいるのだ。

一見よくある「落書き」に見えるが、そうではない。型抜きされたボードを壁や路上に当て、その上から高圧洗浄機で水を噴射することで、そこだけ汚れが落ちて文字が浮かび上がるという手法だ。その一部始終を紹介した動画には、「犯罪にはならない!?(笑)だって、綺麗にしてるだけだし(?)」といったコメントが寄せられている。

落書きは、日本では軽犯罪法違反や器物損壊罪などにあたる犯罪行為だろう。しかし今回は、「書いた」わけではなく、「部分的に汚れを落とした」だけだ。このような広告は、日本ではどう扱われるのだろうか。秋山亘弁護士に聞いた。

●部分的に汚れを落とすだけでも「器物損壊にあたる」

「この問題の論点は、所有者の許可なく、ビルや民家の壁にこのような文字を書く行為が、刑法上の器物損壊罪の『損壊』と言えるのかという点だと思われます」

秋山弁護士はこう切り出した。

「つまり、高圧洗浄機で汚れを部分的に落とす行為であるから、器物を『損壊』したとは評価できないのではないか、ということが問題になります」

どう捉えればいいのだろうか。

「もともとの汚れを落としただけとは言っても、汚れを部分的に落とす行為は、『全体的に色調の調和を保っていた状態』から、『特定の汚れ』の部分だけをことさらに目立つようにしたことになります。

その文字を消すためには全体的に汚れを落とす作業が必要で、その作業には相当の労力や費用が必要です。

それは落書きと同じく、物の経済的効用を害した行為、すなわち器物の『損壊』行為と評価できるでしょう」

秋山弁護士は今回のような手法について、こう評価したうえで、次のように結論づけた。

「したがって、文字が浮かび上がるように汚れを落としたとしても、刑法上の器物損壊罪に該当する可能性が高いと言えます」

●軽犯罪法や道路法違反となるおそれも

なお、こういった宣伝は他の法律違反となる可能性もあるという。

「また、他人の工作物や道路をみだりに『汚損』した場合、軽犯罪法1条33号や道路法43条の犯罪も成立します。

問題は『汚損』にあたるかどうかですが、全体的に色調の調和を保っていた状態から、『特定の汚れ』の部分だけを目立つようにした行為ですので、『汚損』したと評価できるでしょう。

したがって、本件のような行為は、器物損壊罪、軽犯罪法違反、道路法違反などの犯罪行為に該当する可能性が高いと言えます」

秋山弁護士はこのように述べ、注意を促していた。

話題を呼んだ宣伝手法だが、もし日本で同じようなことがやりたければ、建物の管理者の許可を取るなど、こうした法的リスクにきちんと配慮して行う必要がありそうだ。

【関連記事】

【取材協力弁護士】

民事事件全般(企業法務、不動産事件、労働問題、各種損害賠償請求事件等)及び刑事事件を中心に業務を行っている。日弁連人権擁護委員会第5部会(精神的自由)委員、日弁連報道と人権に関する調査・研究特別部会員。

事務所名: 三羽総合法律事務所

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