Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through Specified Telecommunications

The purpose of this Act is to set forth the limitation of liability of specified telecommunications service providers for damages and the right to demand disclosure of sender identification information, where for addressing violation of the rights of others are violated, etc. arising due to dissemination of information through specified telecommunications, and to set forth necessary matters for court proceedings in relation to a case of a sender identification information disclosure order, and also to set forth the obligations of large-scale specified telecommunications service providers for expediting the implementation procedures for measures for preventing transmission of violating information and, ensuring transparency of the implementation status of transmission prevention measures, etc.

if a candidate, etc. for public office alleges that the candidate's reputation is damaged due to the dissemination of information through specified telecommunications of which information was related to specific documents and drawings, by indicating the defamatory information, etc. and the fact that the electronic mail address, etc. (meaning the electronic mail address, etc. specified in Article 142-3, paragraph (3) of the Public Offices Election Act; the same applies hereinafter in this item) of the sender of the defamatory information is not displayed in violation of the same paragraph or Article 142-5, paragraph (1)142-4 of the same Act, and requests that the specified telecommunications service provider takes measures for preventing transmission of defamatory information, but the electronic mail address, etc. of the sender of the defamatory information is not displayed correctly on the screen of the communications terminal equipment (including input-output devices) used by the person receiving the specified telecommunications related to the information.

The Minister for Internal Affairs and Communications may designate, as a large-scale specified telecommunications service provider, a specified telecommunications service provider that provides a specified telecommunications service that falls under all of the following items and for which it is found that there is a particularly high need for expediting the implementation procedures for measures for preventing transmission of violating information and for transparency of the implementation status of transmission prevention measures with regard to the dissemination of information through specified telecommunications pertaining to its use, and other need to take measures based on the provisions of this Chapter (hereinafter referred to as a "large-scale specified telecommunications service").

that specified telecommunications service is other than one specified by Order of the Ministry of Internal Affairs and Communications as a specified telecommunications service with little risk of violation of rights, etc. occurring due to the dissemination of information through specified telecommunications pertaining to its use.

When a large-scale specified telecommunications service provider has taken transmission prevention measures with regard to the dissemination of information through specified telecommunications conducted using the large-scale specified telecommunications service it provides, it must, except in a case falling under either of the following items, without delay, take measures to notify the sender of the information whose transmission was prevented by those transmission prevention measures of that fact and the reasons therefor, or to place that fact and those reasons in a state in which the sender of that information can readily learn of them (referred to as "notification or similar measures" in item (ii) and in Article 28, item (iii) of the following Article). In this case, if those transmission prevention measures were taken in accordance with the standards under paragraph (1) of the preceding Article, it must make clear, in those reasons, the relationship between those transmission prevention measures and those standards.

A large-scale specified telecommunications service provider must take necessary measures, in accordance with the characteristics of the large-scale specified telecommunications service, to reduce the adverse effects of the dissemination of information that violates laws and regulations, the dissemination of false information, the dissemination of information that distorts facts, and the dissemination of other information likely to harm the fairness of elections, among the dissemination of information through specified telecommunications conducted using the large-scale specified telecommunications service it provides.

The Minister for Internal Affairs and Communications is to establish guidelines necessary to contribute to the appropriate and effective implementation of the measures to be taken by large-scale specified telecommunications service providers pursuant to the provisions of the preceding paragraph.

When the Minister for Internal Affairs and Communications has established or changed the guidelines under the preceding paragraph, the Minister must publish them without delay.

the implementation status of notification or similar measures under the provisions of the preceding Article 27;

its own evaluationthe implementation status of the matters set forth in measures pursuant to the provisions of paragraph (1) of the preceding itemsArticle;

in addition to its own evaluation of the matters set forth in the preceding items, the matters specified by Order of the Ministry of Internal Affairs and Communications as necessary to make clear the implementation status of the measures that a large-scale specified telecommunications service provider is to take based on the provisions of this Chapter.;

in addition to the matters set forth in the preceding items, the matters specified by Order of the Ministry of Internal Affairs and Communications as necessary to make clear the implementation status of the measures that a large-scale specified telecommunications service provider is to take based on the provisions of this Chapter.