Act on Measures against Infringement of Rights, etc. Arising from the Distribution of Information through Specified Telecommunications
特定電気通信による情報の流通によって発生する権利侵害等への対処に関する法律
Chapter IV Court Proceedings for Case of Sender Identification Information Disclosure Order (Articles 15 to 20)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Article 15第十五条
Information Provision Order（提供命令）
Article 15, paragraph (1)
If the court at which a case of a sender identification information disclosure order on the merits is pending recognizes the necessity in order to prevent a situation which could lead to the inability to identify the sender of the violating information pertaining to the petition for the sender identification information disclosure order, then upon petition by the person who filed the petition for the sender identification information disclosure order (hereinafter referred to as the "petitioner" in this paragraph), the court may issue a ruling ordering the disclosure related service provider as the opposite party in the petition for the sender identification information disclosure order to take the following actions:
to provide the petitioner with information specified in (a) or (b), respectively, based on the cases in (a) or (b) below (information prescribed in (a) if the cases described in (a) are considered applicable) in writing or by electronic or magnetic means (which refers to the use of an electronic data processing system or other means of information and communications technology as specified by Order of the Ministry of Internal Affairs and Communications; the same applies in the following item);
if sender identification information possessed by the disclosure related service provider (but limited to that pertaining to the petition for the sender identification information disclosure order; the same applies hereinafter in this paragraph) makes it possible to identify the name and address of any other disclosure related service providers (excluding one who is recognized as the sender of the violating information; the same applies in (b)) (the name and address are referred to in this paragraph and paragraph (3) as "information such as names of other disclosure related service providers"):information such as names of any other disclosure related service providers;
if the disclosure related service provider does not possess sender identification information that makes it possible to identify any other disclosure related service providers pertaining to the violating information and that is specified as such by Order of the Ministry of Internal Affairs and Communications, or if that disclosure related service provider is unable to make the identification as prescribed in (a) by using the sender identification information:notification to that effect.
to provide, in writing or by electronic or magnetic means, other disclosure related service providers with sender identification information possessed by that disclosure related service provider when the disclosure related service provider receives, in writing or by electronic or magnetic means, from the petitioner to whom information such as names of other disclosure related service providers has been provided pursuant to the order under the provisions of this paragraph (hereinafter referred to as "information provision order" in this Article; limited to the portion relating to the preceding item), notice to the effect that the petitioner filed a petition for a sender identification information disclosure order in respect of the violating information against that other disclosure related service provider as the opposite party.
If the opposite party against whom the petition for the sender identification information disclosure order prescribed in the preceding paragraph (limited to the portions other than those listed in the respective items) has been filed, is a specified telecommunications service provider prescribed in Article 5, paragraph (1), and the party who filed the petition demands in the petition the disclosure of sender identification information including specified sender identification information, then the provisions of the preceding paragraph apply by replacing the phrase "that pertaining to" in the provisions of item (i), (a) in that paragraph with the relevant phrase in the right column in the following table, depending on the category set forth in the left column in the same table:
If it is determined that Article 5, paragraph (1), item (iii) is applicable to the demand for disclosure of such specified sender identification information
specified sender identification information prescribed in Article 5, paragraph (1) pertaining to
If it is determined that Article 5, paragraph (1), item (iii) is not applicable to the demand for disclosure of such specified sender identification information
sender identification information other than the specified sender identification information prescribed in Article 5, paragraph (1) pertaining to
If either of the following items becomes applicable, the information provision order (if the person to whom information such as names of other disclosure related service providers has been provided with regard to two or more other disclosure related service providers pursuant to the information provision order falls under the category of item (ii) because the relevant person does not give a notice prescribed in paragraph (1), item (ii) to certain other disclosure related service providers, then only the portion of the information provision order pertaining to those other disclosure related service providers) is no longer effective.
when the case of a sender identification information disclosure order, which is the primary matter in respect of the information provision order, ends (or if an action prescribed in paragraph (1) of the preceding Article is instituted against a decision prescribed in that paragraph for the case of a sender identification information disclosure order, when that lawsuit ends);
when the person to whom information such as names of other disclosure related service providers has been provided pursuant to the information provision order, fails to give a notice, prescribed in paragraph (1), item (ii), to the disclosure related service provider against whom the relevant information provision order has been issued, within two months after the date of receipt of the provision.
A petition for an information provision order may be withdrawn in whole or in part even after the information provision order is given.
提供命令の申立ては、当該提供命令があった後であっても、その全部又は一部を取り下げることができる。
Article 15, paragraph (5)
The disclosure related service provider against whom an information provision order has been issued, may file an immediate appeal against the information provision order.
提供命令を受けた開示関係役務提供者は、当該提供命令に対し、即時抗告をすることができる。
Article 16第十六条
Deletion Prohibitory Order（消去禁止命令）
Article 16, paragraph (1)
If the court at which a case of a sender identification information disclosure order on the merits is pending, recognizes the necessity in order to prevent a situation which could lead to the inability to identify the sender of violating information pertaining to the petition for the sender identification information disclosure order, then upon petition by the person who filed the petition for the sender identification information disclosure order, the court may issue a ruling ordering that the disclosure related service provider as the opposite party against whom the petition for the sender identification information disclosure order was filed may not delete the sender identification information (limited to that relating to the petition for the sender identification information disclosure order) possessed by the disclosure related service provider until the relevant case of the sender identification information disclosure order ends (or if an action prescribed in Article 14, paragraph (1) is instituted against a decision prescribed in the paragraph for that case of a sender identification information disclosure order, until the lawsuit ends).
A petition for the order issued pursuant to the provisions of the preceding paragraph (hereinafter referred to in this Article as a "deletion prohibitory order") may be withdrawn in whole or in part even after the deletion prohibitory order is issued.
The disclosure related service provider against whom a deletion prohibitory order has been issued may file an immediate appeal against the deletion prohibitory order.
消去禁止命令を受けた開示関係役務提供者は、当該消去禁止命令に対し、即時抗告をすることができる。
Article 17第十七条Caption changed
Concealment of Domicile, Name, etc. of the PartiesPetitions, etc. through Electronic Data Processing System当事者に対する住所、氏名等の秘匿電子情報処理組織による申立て等
Article 17, paragraph (1)（電子情報処理組織による申立て等）Petitions, etc. through Electronic Data Processing SystemChanged
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".
Article 17, paragraph (2)（電子情報処理組織による申立て等）Petitions, etc. through Electronic Data Processing SystemAdded
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".
Article 18, paragraph (1)（当事者に対する住所、氏名等の秘匿）Concealment of Domicile, Name, etc. of the PartiesChanged
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
Article 19, paragraph (1)（非訟事件手続法の適用関係）Application of the Non-Contentious Case Procedures ActChanged
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.
Article 19, paragraph (2)（非訟事件手続法の適用関係）Application of the Non-Contentious Case Procedures ActAdded
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".
Article 20, paragraph (1)（最高裁判所規則）Rules of the Supreme CourtChanged
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.
Article 20, paragraph (1), item (i)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
that specified telecommunications service falls under any of the following;
当該特定電気通信役務が次のいずれかに該当すること。
Article 20, paragraph (1), item (i), (a)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
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 24, paragraph (2)) exceeds the number specified by Order of the Ministry of Internal Affairs and Communications according to the type of specified telecommunications service;
Article 20, paragraph (1), item (i), (b)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
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 24, paragraph (2)) exceeds the number specified by Order of the Ministry of Internal Affairs and Communications according to the type of specified telecommunications service.
Article 20, paragraph (1), item (ii)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
it is technically possible to take measures for preventing transmission of violating information (limited to those taken to the extent necessary for preventing the transmission of violating information to unspecified persons; the same applies hereinafter) in light of the general nature of that specified telecommunications service;
Article 20, paragraph (1), item (iii)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
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.
Article 20, paragraph (2)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
If the Minister for Internal Affairs and Communications finds that the grounds for the designation under the provisions of the preceding paragraph no longer exist with regard to a large-scale specified telecommunications service provider, the Minister must, without delay, rescind the designation.
Article 20, paragraph (3)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
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.
Article 20, paragraph (4)（大規模特定電気通信役務提供者の指定）Designation of Large-scale Specified Telecommunications Service ProvidersRemoved
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).