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

the term "transmission prevention measures" means measures for preventing transmission of violating information and other measures for preventing transmission of information through specified telecommunications (including measures for preventing transmission of that information and also suspending the provision of specified telecommunications service to the sender of that information (referred to as "service suspension measures" in Article 2627, paragraph (2), item (ii)));

the term "large-scale specified telecommunications service provider" means a specified telecommunications service provider designated pursuant to the provisions of Article 2021, paragraph (1).

If electronic or magnetic records (meaning records used in computer data processing which are created in electronic form, magnetic form, or any other form that is impossible to recognize through the human senses alone; the same applies hereinafter) in which the content of the agreement is recorded are used to execute the agreement as referred to in paragraph (2), the agreement is deemed to have been executed by means of a written document, and the provisions of the preceding paragraph apply.

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk to inspect or copy the case record, to issue an authenticated copy, transcript, or extracthard-copy case records (meaning the portion of the case records of the case record, or to issue a certificate of of a sender identification information disclosure order excluding the particulars of theelectronic or magnetic case record prescribed in paragraph (1) of the sender identification information disclosure orderfollowing Article; the same applies hereinafter in this Article), or to issue an authenticated copy, transcript, or extract of the hard-copy case records.

The provisions of the preceding paragraph do not apply with respect to case records of thehard-copy case of a sender identification information disclosure orderrecords that are being prepared in the form of audiotapes or videotapes (including any other matters that have been recorded by means equivalent thereto). Nevertheless, the relevant parties or a third party that makes a prima facie showing of interest may file a request with the court clerk for a reproduction of these matters.

The request for inspection, copying and reproduction of records of ahard-copy case of a sender identification information disclosure orderrecords pursuant to the provisions of the preceding two paragraphs may not be filed if these actions would be detrimental to the preservation of the case record or the performance of the court duties.

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk, as provided by the Rules of the Supreme Court, for inspection of the content of an electronic or magnetic case record (meaning the portion of the case records of the case of a sender identification information disclosure order that pertains to matters recorded in a file (referred to simply as the "file" in Article 17, paragraph (2)) provided on a computer used by the court (including input-output devices; the same applies in the following paragraph, paragraph (3) and the following Article) pursuant to the provisions of this Act or other laws and regulations; the same applies hereinafter in this Article) as displayed by a method specified by the Rules of the Supreme Court.

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk, as provided by the Rules of the Supreme Court, for the copying of matters recorded in an electronic or magnetic case record by a method specified by the Rules of the Supreme Court, such as recording them in a file provided on a computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system connecting a computer used by the court and a computer used by the other party to the procedure by a telecommunications line; the same applies in the following paragraph and the following Article).

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk, as provided by the Rules of the Supreme Court, for the delivery of a document stating all or part of the matters recorded in an electronic or magnetic case record, with respect to which the court clerk has certified by a method specified by the Rules of the Supreme Court that the content of the document is identical to the matters recorded in the electronic or magnetic case record, or for the provision of an electronic or magnetic record recording all or part of those matters, with respect to which the court clerk has certified by a method specified by the Rules of the Supreme Court that the content of the electronic or magnetic record is identical to the matters recorded in the electronic or magnetic case record, by a method specified by the Rules of the Supreme Court, such as recording it in a file provided on a computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court.

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to a request for inspection and copying of electronic or magnetic case records pursuant to the provisions of paragraphs (1) and (2).

The parties to a case and any third party that makes a prima facie showing of interest in the case may file a request with the court clerk, as provided by the Rules of the Supreme Court, for the delivery of a document stating the particulars of the case of a sender identification information disclosure order, with respect to which the court clerk has certified those particulars by a method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those particulars, with respect to which the court clerk has certified those particulars by a method specified by the Rules of the Supreme Court, by a method specified by the Rules of the Supreme Court, such as recording it in a file provided on a computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court.

With regard to petitions and other statements (referred to as "petitions, etc." in the following paragraph and the following Article) in court proceedings relating to a case of a sender identification information disclosure order, the provisions of Part I, Chapter VIII of Articles 132-10, 132-11 and 132-12 (excluding the Code of Civil Procedure (Act No. 109 of 1996) (excluding Article 133-2, paragraphs (5) and (6) and Article 133-3, paragraph (2)portion pertaining to paragraph (1), item (i)) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis. In this case, the phrase "party" in Article 133, paragraph (1) of that Act is deemed to be replaced with "party or interested party intervenor (meaning an interested party intervenor prescribed term "service" in Article 21, paragraph132-10, paragraphs (5) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011); the same applies inand (6) and Article 133-4132-12, paragraphs (1), (2) and (7))"; the phrase "case records, etc. (meaning case records or the records of a case pertaining to a petition for a disposition under Article 132-4, paragraph (1)" in paragraph (3) of that ArticleAct is deemed to be replaced with "case of a sender identification information disclosure order (meaning a case of a sender identification information disclosure order prescribed in Article 2, item (xiii) of the Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications", and the phrase "), within" in that paragraph with "), within service or sending", the record of the case"; the phrase "inspection of case records, etc. (meaning inspection of case records, inspection of non-electronic evidence collection disposition records, or inspection of electronic or magnetic evidence collection disposition records; hereinafter the same applies in this Chapter) with regard to" in that paragraph is deemed to be replaced with "inspection or copying, or issuance ofa person (excluding a person who has become a transcript or extract, of";litigation counsel with the phrase "inspection of case records, etc. pertainingpermission under the proviso to" in Article 133-254, paragraph (1) of that Act is deemed to be replaced with "inspection or copying, or issuance of a transcript or extract, of"; the phrase ")" in the case records, etc." in paragraph (2Article 132-11, paragraph (1), item (i) of that Article is deemed to be replacedAct with "in the case records of the case of a sender identification information disclosure order";a person", the phrase "inspection of case records, etc. pertaining toterm "Article 2" in that paragraph and paragraph (3item (ii) of that Article is deemed to be replacedparagraph with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction, of"; the phrase "written or recorded document or electronic or magnetic record" in Article 133-3, paragraph (1)2 of that Act is deemed to be replaced with "written document", the phrase "the document or electronic or magnetic record" with "the documentas applied mutatis mutandis pursuant to Article 9", and the phrase "or electronic or magnetic record, or other similar document or electronic or magnetic record, inspection of case records, etc. pertaining to" with "or other similar document, inspection or copying, or issuance of a transcript or extract, of"; the phrase "person, case records, etc.Article 133-2, paragraph (2)" in Article 133-4132-12, paragraph (1) , item (iii) of that Act is deemed to be replaced with "party or interested party intervenor, or a third party who has made a prima facie showing of interest, case records of the case of a sender identification information disclosure order"; the phrase "party" in Article 133-2, paragraph (2) of that Article is deemed to be replacedas applied mutatis mutandis with "party or interested party intervenor", the phrase "where case records, etc. are kept" with "where case recordsreplacement of terms pursuant to Article 18 of the case of a sender identification information disclosure order are kept", and the phrase "inspectionAct on Measures against Infringement of case recordsRights, etc." with "inspection or copying, issuance of an authenticated copy, transcript or extract, or reproduction"; and Arising from the phrase "party" in paragraph (7)Distribution of that Article is deemed to be replaced with "party or interested party intervenorInformation through specified telecommunications".

With regard to the recording in a file of matters stated or recorded in documents, etc. (meaning written documents, papers, texts, transcripts, extracts, authenticated copies, duplicate copies, reproductions, and other paper or other tangible objects bearing information that can be recognized through the human senses, such as characters and figures; the same applies hereinafter in this paragraph) (excluding such documents, etc. where a petition, etc. is made by documents, etc.) or in a recording medium on which an electronic or magnetic record is recorded, which have been submitted to the court pursuant to the provisions of this Act or other laws and regulations in court proceedings relating to a case of a sender identification information disclosure order, the provisions of Article 132-13 (excluding the portion pertaining to item (i)) of the Code of Civil Procedure apply mutatis mutandis. In this case, the phrase "Article 133-2, paragraph (2)" in item (iii) of that Article is deemed to be replaced with "Article 133-2, paragraph (2) as applied mutatis mutandis with replacement of terms pursuant to Article 18 of the Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications", and the phrase "Article 133-3, paragraph (1)" in item (iv) of that Article with "Article 133-3, paragraph (1) as applied mutatis mutandis with replacement of terms pursuant to Article 18 of the Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications".

The provisoWith regard to petitions, etc. in court proceedings relating to a case of a sender identification information disclosure order, the provisions of Part I, Chapter VIII of the Code of Civil Procedure apply mutatis mutandis. In this case, the terms listed in the middle column of the following table in the provisions of that Act listed in the left column of the same table are deemed to be replaced with the terms listed in the right column of the same table, respectively. Article 22133, paragraph (1) and parties parties or interested party intervenors (meaning an interested party intervenor prescribed in Article 21, paragraph (5) of the provisions Non-Contentious Case Procedures Act (Act No. 51 of Articles 27, 40 2011); the same applies in Article 133-4, paragraphs (1), (2) and 42-2 (7)) Article 133, paragraph (3) case records, etc. (meaning case records or the records of a case pertaining to a petition for a disposition under Article 132-4, paragraph (1) case of a sender identification information disclosure order (meaning a case of a sender identification information disclosure order prescribed in Article 2, item (xiii) of the Non-Contentious Case Procedures Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications ) in ) records in inspection of case records, etc. (meaning inspection of case records, inspection of non-electronic records of a disposition on the collection of evidence, or inspection of electronic or magnetic records of a disposition on the collection of evidence inspection of case records of the case of a sender identification information disclosure order (meaning inspection or copying of hard-copy case records (meaning the hard-copy case records prescribed in Article 12, paragraph (1) of that Act do not apply ), issuance of an authenticated copy, transcript, or extract thereof, or reproduction thereof, or inspection or copying of an electronic or magnetic case record (meaning the electronic or magnetic case record prescribed in Article 12-2, paragraph (1) of that Act; the same applies in the following Article), or delivery of a document, or provision of an electronic or magnetic record, certifying all or part of the content thereof Article 133-2, paragraphs (1) through (3), Article 133-3, paragraph (1) and Article 133-4, paragraph (2) inspection of case records, etc. inspection of case records of the case of a sender identification information disclosure order Article 133-2, paragraph (2) in case records, etc. in case records of the case of a sender identification information disclosure order Article 133-2, paragraph (5) electronic or magnetic case records, etc. (meaning electronic or magnetic case records or the portion of the records of a case pertaining to court proceedings relating a petition for a disposition under Article 132-4, paragraph (1) that pertains to a matters recorded in a file; the same applies in this paragraph and the following paragraph) electronic or magnetic case record from electronic or magnetic case records, etc. from electronic or magnetic case record Article 133-2, paragraph (6) electronic or magnetic case records, etc. electronic or magnetic case record Article 133-4, paragraph (1) a person, case records, etc. a party or interested party intervenor, or a third party who has made a prima facie showing of interest, case records of the case of a sender identification information disclosure order. Article 133-4, paragraph (2) parties parties or interested party intervenors in which case records, etc. are kept in which case records of the case of a sender identification information disclosure order are kept Article 133-4, paragraph (7) parties parties or interested party intervenors

Beyond what is provided for in this Act, necessary particulars in connection with The proviso to Article 22, paragraph (1) and the provisions of Articles 27, 40, 42 and 42-2 of the Non-Contentious Case Procedures Act do not apply to court proceedings relating to a case of a sender identification information disclosure order are prescribed by the Rules of the Supreme Court.

With regard to the application of the provisions of Article 38 of the Non-Contentious Case Procedures Act to court proceedings relating to a case of a sender identification information disclosure order, the phrase "Article 42, paragraph (1) of the Non-Contentious Case Procedures Act" in that Article is deemed to be replaced with "Article 17, paragraph (1) of the Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications".

The Minister for Internal Affairs and Communications may designate, as a large-scale specified telecommunications service provider, a specified telecommunications service provider that providesBeyond what is provided for in this Act, necessary particulars in connection with court proceedings relating to a specified telecommunications service that falls under allcase 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 violatinga sender identification information and for transparency of the implementation status of transmission prevention measures with regard todisclosure order are prescribed by the disseminationRules 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")Supreme Court.

A The Minister for Internal Affairs and Communications may designate, as a large-scale specified telecommunications service provider must notify the Minister for Internal Affairs and Communications , a specified telecommunications service provider that provides a specified telecommunications service that falls under all of the following matters, as provided by Order items and for which it is found that there is a particularly high need, with regard to the dissemination of information through specified telecommunications pertaining to its use, for expediting the Ministry implementation procedures for measures for preventing transmission of Internal Affairsviolating information and Communications, within three months from the date on which it was designated under for transparency of the implementation status of transmission prevention measures, or any other need to take measures based on the provisions of paragraph (1) of the preceding Articlethis Chapter (hereinafter referred to as a "large-scale specified telecommunications service").

the name or title and address and, in the casethat specified telecommunications service falls under any of a corporation, the name of its representativefollowing;

the average, over the period specified by Order of the Ministry of Internal Affairs and Communications, of the number of persons who became senders in a month by using that specified telecommunications service (excluding persons presumed to be located outside Japan; the same applies in (b)) and persons specified by Order of the Ministry of Internal Affairs and Communications as equivalent thereto (hereinafter referred to as the "average monthly number of senders" in this Article and Article 25, paragraph (2)) exceeds the number specified by Order of the Ministry of Internal Affairs and Communications according to the type of specified telecommunications service;

the average, over the period specified by Order of the Ministry of Internal Affairs and Communications, of the total number of persons who became senders in a month by using that specified telecommunications service (hereinafter referred to as the "average monthly total number of senders" in this Article and Article 25, paragraph (2)) exceeds the number specified by Order of the Ministry of Internal Affairs and Communications according to the type of specified telecommunications service.

in the case of a foreign corporation or association or an individual who has a domicile in a foreign country, it is technically possible to take measures for preventing transmission of violating information (limited to those taken to the extent necessary for preventing the name or title and transmission of violating information to unspecified persons; the address same applies hereinafter) in Japanlight of the representative in Japan or the agent in Japangeneral nature of that specified telecommunications service;

in addition to the matters set forth in the preceding two items, the mattersthat 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 infringement of rights, etc. occurring due to the dissemination of information through specified telecommunications pertaining to its use.

When there is a change in the matters set forth inthe Minister for Internal Affairs and Communications finds that the items of grounds for designation under the preceding paragraph, no longer exist for a large-scale specified telecommunications service provider must notify, the Minister for Internal Affairs and Communications to that effectmust rescind the designation without delay.

To the extent necessary for the designation under the provisions of paragraph (1) and the rescission of designation under the provisions of the preceding paragraph, the Minister for Internal Affairs and Communications may, as provided by Order of the Ministry of Internal Affairs and Communications, have a specified telecommunications service provider report the average monthly number of senders and the average monthly total number of senders of the specified telecommunications service it provides.

If the Minister for Internal Affairs and Communications finds that it is difficult to ascertain the average monthly number of senders or the average monthly total number of senders of a specified telecommunications service provided by a specified telecommunications service provider by means of the collection of reports under the provisions of the preceding paragraph, the Minister may estimate that average monthly number of senders or average monthly total number of senders by a reasonable method specified by Order of the Ministry of Internal Affairs and Communications, and make the designation under the provisions of paragraph (1) and the rescission of designation under the provisions of paragraph (2).

A large-scale specified telecommunications service provider (limited to one that has mademust notify the notification under Article 21, paragraph (1); the same applies hereinafter) mustMinister for Internal Affairs and Communications of the following matters, as specifiedprovided by Order of the Ministry of Internal Affairs and Communications, establish and publish a method for a person who alleges thatwithin three months from the person's rights have been violated due to dissemination of information through specified telecommunications conducted usingdate on which it was designated under the large-scale specified telecommunications service it provides (referred to as an "infringed party" in the following Article) to make a request to that large-scale specified telecommunications service provider, by indicatingprovisions of paragraph (1) of the violating information, etc., to take measures for preventing transmission of violating information.preceding Article:

the name or title and address and, in the case of a corporation, the name of its representative;

in the case of a foreign corporation or association or an individual who has a domicile in a foreign country, the name or title of its representative in Japan or its agent in Japan, and its address in Japan;

beyond the matters set forth in the preceding two items, matters specified by Order of the Ministry of Internal Affairs and Communications.

The method under When there is a change to the matters set forth in the items of the preceding paragraph must be one that conforms to all of, a large-scale specified telecommunications service provider must notify the following items:Minister for Internal Affairs and Communications to that effect without delay.

When an infringed party has made a requestA large-scale specified telecommunications service provider (limited to take measures for preventing transmission of violating information in accordance withone that has made a notification under the method underprovisions of paragraph (1) of the preceding Article, a large-scale ; the same applies hereinafter) must, as specified telecommunications service provider must, without delay, conduct the necessary investigation into whether the rights of by Order of the Ministry of Internal Affairs and Communications, establish and publish a method for a person who alleges that infringed party are being unjustlythe person's rights have been violated due to the dissemination of information through specified telecommunications conducted using the large-scale specified telecommunications service it provides (referred to as an "infringed party" in the following Article) to show violating information pertaining to , etc. and request that requestlarge-scale specified telecommunications service provider to take measures for preventing transmission of violating information.

The method under the preceding paragraph must conform to all of the following items:

it enables requests to be made by a method using an electronic data processing system;

it does not impose an excessive burden on a person who intends to make a request;

it makes clear to the person who made the request (referred to as the "person making the request" in Article 26) the date and time on which the relevant large-scale specified telecommunications service provider received the request.

In order to have those parts of the investigation under the preceding Article that require specialized knowledge and experience properly conducted, a large-scale specified telecommunications service provider must appoint a violating information investigation specialist (referred to as an "investigation specialist" in this Article and Article 25, paragraph (2), item (ii)) from among persons who have sufficient knowledge and experience in dealing with violations of rights arising from When a request to take measures for preventing transmission of violating information has been made by an infringed party in accordance with the method under paragraph (1) of the preceding Article, a large-scale specified telecommunications service provider must, without delay, conduct the necessary investigation as to whether the rights of that infringed party are being unjustly violated due to the dissemination of the violating information through specified telecommunicationspertaining to the request.

When a request under Article 23 has been made, a large-scale specified telecommunications service provider must determine, based onIn order to have the resultspart of the investigation under that Article, whether to take measures for preventing transmission of violating information,the preceding Article that requires specialized knowledge and notify the person making the request of the mattersexperience conducted properly, a large-scale specified in each of the following items for the categories set forth in those items, within the period specified by Order of the Ministry of Internal Affairstelecommunications service provider must appoint violating information investigation specialists (hereinafter referred to as "investigation specialists" in this Article and Communications that is within 14 daysArticle 26, paragraph (2), item (ii)) from the day on which it received the request; provided, however, that this does not apply when a requestamong persons with sufficient knowledge and experience regarding addressing infringement of the same content has previously been made by the person makingrights arising from the request or when there is otherwise a justifiable reason for not giving notificationdissemination of information through specified telecommunications.

Notwithstanding the main clauseThe number of the preceding paragraph,investigation specialists of a large-scale specified telecommunications service provider need only, if it falls under any ofmust be at least the following items, notify the person makingnumber specified by Order of the requestMinistry of the matters specified in the relevant items of that paragraph for the categories set forth in the itemsInternal Affairs and Communications according to the average monthly number of senders or average monthly total number of that paragraph, without delay after determining whether to take measures for preventing transmission of violating information based on the results ofsenders and the category of the large-scale specified telecommunications service provided by that large-scale specified telecommunications service provider (in the investigation under Article 23. In this case, it must notify the person making case where that large-scale specified telecommunications service provider provides multiple large-scale specified telecommunications services, the request, withinsum of the periodnumbers specified by Order of the Ministry of Internal Affairs and Communications under that paragraph, of which ofaccording to the following items it falls under (and, if it falls under item (iii), that factaverage monthly number of senders or average monthly total number of senders and the contentcategory of the unavoidable reasoneach large-scale specified telecommunications service).

When a large-scale specified telecommunications service provider has appointed investigation specialists, it must, as provided by Order of the Ministry of Internal Affairs and Communications, notify the Minister for Internal Affairs and Communications without delay of that fact and the matters specified by Order of the Ministry of Internal Affairs and Communications. The same applies when it has changed any of these.

With regard to the dissemination of information through specified telecommunications conducted using theWhen a request under Article 24 has been made, a large-scale specified telecommunications service it provides, a large-scale specified telecommunications service provider may take transmission prevention measures only where it complies with the standards that it has itself established and published, other than in a case falling under anyprovider must determine, based on the result of the investigation under that Article, whether to take measures for preventing transmission of violating information, and notify the person making the request of the matters specified in each of the following items. In this case, those standards must have been published no later than a fixed for the category set forth in that item, within the period specified by Order of the Ministry of Internal Affairs and Communications before that is within 14 days from the daydate on which it received the transmission prevention measures are taken.request; provided, however, that this does not apply if a request with the same content has been made by the person making the request in the past or if there is any other legitimate ground for not giving notice:

if the large-scale specified telecommunications service provider is the senderit has taken measures for preventing transmission of theviolating information for which it intendsin response to take transmission prevention measuresthe request: that fact;

if, in a case where there is an obligation to prevent the it has not taken measures for preventing transmission of information that unjustly violates the rights of others or any other legal obligation (excluding an obligation to make efforts)violating information in response to take transmission prevention measures, it takes transmission prevention measures based on that obligation;the request: that fact and the reason therefor.

In establishingNotwithstanding the standards under main clause of the preceding paragraph, if a large-scale specified telecommunications service provider must endeavor falls under any of the following items, it suffices for it to ensure notify the person making the request, without delay after determining whether to take measures for preventing transmission of violating information based on the result of the investigation under Article 24, of the matters specified in each item of that paragraph for the content category set forth in that item; in this case, it must notify the person making the request, within the period specified by Order of those standards conforms the Ministry of Internal Affairs and Communications referred to all in that paragraph, of which of the following items it falls under (if it falls under item (iii), that fact and the content of the unavoidable reason):

the types of information subjectif it has decided to transmission prevention measures are specified as concretely as possible, according tohear the cause by whichopinion of the large-scale specified telecommunications service provider came to know ofsender of the violating information for the dissemination of that informationinvestigation under Article 24;

if there are cases in which service suspension measures may be taken, the standards forit has decided to have investigation specialists conduct the implementation of service suspension measures are specified as concretely as possibleinvestigation under Article 24;

the standards are written in expressions that can be readily understood by senders and other persons concerned;if there is an unavoidable reason, beyond the cases set forth in the preceding two items.

When a large-scale specified telecommunications service provider has taken transmission prevention measures withWith 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,a large-scale specified telecommunications service provider may 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 factonly where it complies with the standards that it has itself established and those reasons in a statepublished, other than in which the sender of that information can readily learna case falling under any of them (referred to as "notification or similar measures" in item (ii) and in Article 28, item (iii))the following items. In this case, if those transmission prevention measures were taken in accordance with the standards under paragraph (1) standards must have been published no later than a fixed period specified by Order of the preceding Article, it must make clear, in those reasons,Ministry of Internal Affairs and Communications before the relationship between those day on which the transmission prevention measures and those standardsare taken.

if the large-scale specified telecommunications service provider is the sender of the information for which it tookis about to take transmission prevention measures;

if it has previously taken notification or similar measures with regard there is a legal obligation (excluding an obligation to make efforts) to having prevented the transmission of similar information take transmission prevention measures, such as an obligation to the same sender for a similar reason, or if there is otherwise a justifiable reason for not taking notification or similar measuresprevent the transmission of information that unjustly violates the rights of others, and transmission prevention measures are taken based on that obligation;

if transmission prevention measures are taken due to an urgent necessity, and the type of information for which the transmission prevention measures are taken is not explicitly stated as subject to transmission prevention measures in those standards because it is not ordinarily foreseeable.

In establishing the standards under the preceding paragraph, a large-scale specified telecommunications service provider must endeavor to ensure that the content of the standards conforms to all of the following items:

the types of information subject to transmission prevention measures are specified as concretely as possible according to the cause by which the relevant large-scale specified telecommunications service provider came to know of the dissemination of that information;

if service suspension measures may be taken, the standards for the implementation of service suspension measures are specified as concretely as possible;

the standards are written in expressions that senders and other persons concerned can easily understand;

consideration is given to consistency with laws and regulations that provide for an obligation to make efforts regarding the implementation of transmission prevention measures.

When a large-scale specified telecommunications service provider has taken transmission prevention measures on the ground that it falls under item (iii) of paragraph (1), it must promptly change the standards under that paragraph so that it is clear that the type of information for which it took those transmission prevention measures is subject to transmission prevention measures.

A large-scale specified telecommunications service provider that has published the standards under paragraph (1) is to endeavor to prepare and publish, approximately once a year, materials organizing, by type of information, those cases of information for which it has taken transmission prevention measures in accordance with those standards that should serve as a reference for senders and other persons concerned.

A 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, once every year, as specified without delay, except in the case where it falls under any of the following items, take measures to notify the sender of the information whose transmission was prevented by Order those transmission prevention measures of that fact and the Ministry reason therefor, or to put it in a state where the sender of Internal Affairs that information can easily know (referred to as "notification or similar measures" in item (ii) and Communications, publish Article 29, item (iii)); in this case, if those transmission prevention measures were taken in accordance with the following mattersstandards under paragraph (1) of the preceding Article, it must make clear, in that reason, the relationship between those transmission prevention measures and those standards:

if the status of receipt relevant large-scale specified telecommunications service provider is the sender of requests under Article 23the information for which it took the transmission prevention measures;

the implementation status ofif it has taken notification under or similar measures in the provisions past with regard to having prevented the transmission of Article 25;similar information to the same sender for a similar reason, or if there is any other legitimate ground for not taking notification or similar measures.

The Minister for Internal Affairs and Communications may, to the extent necessary for the enforcement ofA large-scale specified telecommunications service provider must publish the provisions of Article 22, Article 24, Article 25, Article 26, paragraph (1) or (3), Article 27 orfollowing matters once a year, as provided by Order of the preceding Article, require a large-scale specified telecommunications service provider to make a report on its business.Ministry of Internal Affairs and Communications:

the status of acceptance of requests under Article 24;

the implementation status of notices pursuant to the provisions of Article 26;

the implementation status of notification or similar measures pursuant to the provisions of Article 28;

the implementation status of transmission prevention measures (excluding the matters set forth in the preceding three items);

the implementation status of the measures pursuant to the provisions of paragraph (1) of the preceding Article;

its own evaluation of the matters set forth in the preceding items;

beyond the matters set forth in the preceding items, matters specified by Order of the Ministry of Internal Affairs and Communications as necessary for clarifying the implementation status of the measures to be taken by large-scale specified telecommunications service providers pursuant to the provisions of this Chapter.

When theThe Minister for Internal Affairs and Communications finds that a large-scale specified telecommunications service provider is in violationmay, to the extent necessary for the enforcement of the provisions of Article 2223, Article 2425, Article 2526, Article 2627, paragraph (1) or (3), Article 2728 or Article 28, the Minister may recommend to thatpreceding Article, have a large-scale specified telecommunications service provider that it take the measures necessary to rectify the violationmake a report on its business.

A designation under Article 20, paragraph (1), the collection of reports under the provisions of Article 29, a recommendation under paragraph (1)If the Minister for Internal Affairs and Communications finds that a large-scale specified telecommunications service provider is in violation of the provisions of the precedingArticle 23, Article, or an order under 25, Article 26, Article 27, paragraph (2) of that1) or (3), Article is made by serving28 or Article 29, the document Minister may recommend that the large-scale specified by Order of telecommunications service provider take the Ministry of Internal Affairs and Communicationsmeasures necessary to rectify the violation.

The notice under Article 30 of the Administrative Procedure Act (Act No. 88 of 1993) pertaining toIf a large-scale specified telecommunications service provider that has received a designation under Article 20, paragraph (1) or an orderrecommendation under paragraph (2)the provisions of the preceding Article is given by serving the document under that Article. In this caseparagraph fails, without legitimate grounds, to take the measures pertaining to the recommendation, the provisions of Article 15, paragraph (3) of that Act as applied mutatis mutandis pursuantMinister for Internal Affairs and Communications may order the large-scale specified telecommunications service provider to Article 31 of that Act withtake the terms deemedmeasures pertaining to be replaced do not applythe recommendation.

The designation under the provisions of Article 10021, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106 and Article 108 of the Codecollection of Civil Procedure apply mutatis mutandis to servicereports under the preceding Article. In this caseprovisions of Article 30, the term "court" in that paragraph andrecommendation under the term "presiding judge" in that Article are deemed to be replaced with "Minister for Internal Affairs and Communications", andprovisions of paragraph (1) of the preceding Article, or the term "court execution officer" in Article 101,order under the provisions of paragraph (12) of that ActArticle is deemed to be replaced with "official made by serving a document specified by Order of the Minister forMinistry of Internal Affairs and Communications".

The notice under the provisions of Article 30 of the Administrative Procedure Act (Act No. 88 of 1993) pertaining to the designation under the provisions of Article 21, paragraph (1) or the order under the provisions of paragraph (2) of the preceding Article is given by serving the document referred to in Article 30 of that Act. In this case, the provisions of Article 15, paragraph (3) of that Act as applied mutatis mutandis with replacement of terms pursuant to Article 31 of that Act do not apply.

The provisions of Article 100, paragraph (1), Article 101, Article 102-2, Article 103, Article 105, Article 106 and Article 108 of the Code of Civil Procedure apply mutatis mutandis to service under the provisions of the preceding Article. In this case, the term "court" in Article 100, paragraph (1) of the Code of Civil Procedure and the term "presiding judge" in Article 108 of the Code of Civil Procedure are deemed to be replaced with "Minister for Internal Affairs and Communications may effect service by publication ", and the term "court execution officer" in Article 101, paragraph (1) of the following cases:Code of Civil Procedure is deemed to be replaced with "official of the Minister for Internal Affairs and Communications".

If an employee of theThe Minister for Internal Affairs and Communications has handled affairs relating to a disposition notice, etc. prescribed in Article 3, item (ix) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002) that is to be given by serving a document pursuant to the provisions of Article 31, using the electronic data processing system prescribed in Article 6, paragraph (1) of that Act pursuant to Article 7, paragraph (1) of that Act, the employee must, in lieu of preparing and submitting a document stating the matters concerningmay effect service under the provisions of Article 100, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis with the terms replaced pursuant to Article 32, record those matters, using that electronic data processing system,by publication in a file kept on a computer (including input-output devices) used by the Minister for Internal Affairs and Communications.following cases:

if the domicile, residence or other place where service is to be effected of the person to be served is unknown;

with regard to service to be effected in a foreign country, if it is found that service cannot be effected by the means prescribed in Article 108 of the Code of Civil Procedure as applied mutatis mutandis with replacement of terms pursuant to the preceding Article, or that service cannot be effected even by those means;

if no document certifying the service has been sent even after six months have passed since a commission was issued to the competent government agency of a foreign country pursuant to the provisions of Article 108 of the Code of Civil Procedure as applied mutatis mutandis with replacement of terms pursuant to the preceding Article.

Service by publication is effected by taking measures to put in a state where an unspecified large number of persons can view, by a method specified by Order of the Ministry of Internal Affairs and Communications, the fact that the document to be served will be delivered to the person to be served at any time, and also to post a document stating that fact on the bulletin board of the Ministry of Internal Affairs and Communications, or to put in a state where what is displayed to that effect on the screen of a computer installed in the office of the Ministry of Internal Affairs and Communications can be viewed.

Service by publication takes effect upon the lapse of two weeks from the date on which the measures under the provisions of the preceding paragraph were commenced.

The period stated in the preceding paragraph is six weeks for service by publication that is done for service that would be effected in a foreign country.

IfWhen an order underofficial of the Minister for Internal Affairs and Communications has conducted, using the electronic data processing system prescribed in Article 6, paragraph (1) of the Act on the Advancement of Government Administration Processes That Utilize Information and Communications Technology (Act No. 151 of 2002) pursuant to the provisions of Article 307, paragraph (2) is violated, a person who has committed said violation 1) of that Act, affairs relating to a notice of disposition, etc. prescribed in Article 3, item (ix) of that Act that is subject to be given by serving a document pursuant to imprisonment for not more than one year or a fine the provisions of Article 32, the official must, instead of preparing and submitting a document stating the particulars relating to service under the provisions of not more than one million yenArticle 100, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis with replacement of terms pursuant to Article 33, record those particulars, using that electronic data processing system, in a file provided on a computer (including input-output devices) used by the Minister for Internal Affairs and Communications.

If an order under the provisions of Article 31, paragraph (2) is contravened, the person who committed the violation is subject to imprisonment for not more than one year or a fine of not more than 1,000,000 yen.

when a person fails to make a notification under the provisions of Article 2122, or makes a false notification;

when a person fails to make a report under the provisions of Article 2930, or makes a false report.

Article 3536 or item (i) of the preceding Article: a fine of not more than one hundred million yen;

a person who, without justifiable grounds, fails to make a report under the provisions of Article 2021, paragraph (3), or makes a false report;

a person who fails to make a notification under the provisions of Article 2425, paragraph (3), or makes a false notification.

If the date of enforcement of this Act is before the date of enforcement of the Act Partially Amending the Penal Code (Act No. 67 of 2022) (referred to as the "Effective Date of the 2022 Penal Code Amendments" in this Article), with regard to the application of the provisions of Article 3536 of the New Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through specified telecommunications during the period from the date of enforcement of this Act until the day preceding the Effective Date of the 2022 Penal Code Amendments, the term "imprisonment" in that Article is deemed to be replaced with "imprisonment with work". The same applies to the application of the provisions of that Article, on or after the Effective Date of the 2022 Penal Code Amendments, to acts committed before the Effective Date of the 2022 Penal Code Amendments.