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

If the rights of others are violated due to dissemination of information through specified telecommunications, the specified telecommunications service provider that uses specified telecommunications facilities used for specified telecommunications (hereinafter referred to as the "relevant service provider" in this paragraph) will not be liable for damages resulting from the violation, unless it is technically possible to take measures for preventing the information from being transmitted to unspecified persons and the violation falls under any of the following items; provided, however, that this does not apply if the relevant service provider is the sender of information violating the rights of others:

if the relevant service provider knew that the violation of the rights of others was due to the dissemination of information through specified telecommunications;

if the relevant service provider had knowledge of the dissemination of information through specified telecommunications, and there are adequate grounds to believe that the relevant service provider could have known of the fact that the violation of the rights of others was due to the dissemination of information through specified telecommunications.

If a specified telecommunications service provider takes measures to prevent certain information from being transmitted through specified telecommunications, the specified telecommunications service provider will not be liable for any damages incurred by the sender of the information that was prevented from transmission by the measures, so far as those measures are taken to the extent necessary for preventing transmission of that information to unspecified persons and fall under any of the following items:

if there are adequate grounds for the specified telecommunications service provider to believe that the rights of others have been violated unjustly due to the dissemination of information through specified telecommunications;

if a person alleging that the person's rights have been violated due to the dissemination of information through specified telecommunications, files a petition that the specified telecommunications service provider should take measures for preventing transmission of violating information by indicating violating information, etc., the specified telecommunications service provider indicates that violating information, etc. to the sender of the violating information pertaining to the petition and inquires the sender whether the sender consents to taking the measures for preventing transmission of violating information, and the specified telecommunications service provider does not receive a response from the sender after seven days have passed from the date the sender received the inquiry that the sender does not consent to taking the measures for preventing transmission of violating information.

Beyond what is provided for in paragraph (2) of the preceding Article, if a specified telecommunications service provider takes measures to prevent transmission of certain information through specified telecommunications (limited to information on documents and drawings disseminated during an election campaign period; hereinafter the same applies in this Article), the specified telecommunications service provider will not be liable for any damages incurred by the sender of the information that was prevented from transmission by the measures, so far as those measures are taken to the extent necessary for preventing transmission of that information to unspecified persons and fall under any of the following items:

if a candidate, etc. for public office (meaning a candidate for public office, or political parties or other political organizations that has filed a candidate application pursuant to the provisions of Article 86, paragraph (1) or (8) of the Public Offices Election Act (Act No. 100 of 1950)), a party, etc. that has filed lists of candidates for the House of Representatives (meaning political parties or other political organizations that have made a notification under the provisions of Article 86-2, paragraph (1) of that Act), or a party, etc. that have filed lists of candidates for the House of Councilors (meaning political parties or other political organizations that have made a notification under the provisions of Article 86-3, paragraph (1) of that Act; the same applies hereinafter in the next item) alleging that such candidate's or party's reputation was damaged by the information distributed through specified telecommunications, that was related to documents and drawings used for election campaigns or that was used for activities to prevent the candidate, etc. from being elected (hereinafter in this Article referred to as "specific documents and drawings") files a petition that the specified telecommunications service provider takes measures to prevent the information impinge on the reputation of the candidate, etc. (hereinafter in this Article referred to as "defamatory information") from being transmitted (hereinafter in this Article referred to as "measures for preventing transmission of defamatory information") by indicating the defamatory information, the fact that the reputation was damaged, the reason for alleging that the reputation of the candidate, etc. has been damaged, and the fact that the defamatory information is related to the specific documents and drawings (hereinafter in this Article referred to as "defamatory information, etc."), the specified telecommunications service provider indicates that defamatory information etc. to the sender of the defamatory information and inquires whether it consents to taking measures for preventing transmission of the defamatory information, and the specified telecommunications service provider does not receive any notice from the sender indicating that the sender does not consent to taking the measures for preventing transmission of defamatory information after two days have passed from the day the sender received the inquiry;

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 142-4 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.