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 8 to 11)
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.
Chapter IV Court Proceedings for Case of Sender Identification Information Disclosure Order第四章 発信者情報開示命令事件に関する裁判手続
Article 8第八条
Sender Identification Information Disclosure Order（発信者情報開示命令）
Article 8, paragraph (1)
Upon the filing of a petition by a person who alleges that the person's rights have been violated due to disseminating information through specified telecommunications means, the court may, by way of a ruling, order the disclosure related service provider pertaining to the violation of the right to disclose sender identification information as demanded pursuant to the provisions of Article 5, paragraph (1) or (2).
if the opposite party's domicile and residence are not in Japan or the relevant party's domicile and residence are unknown, and the opposite party had a domicile in Japan before the petition was filed (unless the party had a domicile in a foreign country after last having a domicile in Japan.)
if the opposite party is an ambassador, minister, or any other Japanese national in a foreign country who enjoy immunity from the jurisdiction of that country.
大使、公使その他外国に在ってその国の裁判権からの免除を享有する日本人を相手方とするとき。
Article 9, paragraph (1), item (ii)（日本の裁判所の管轄権）
if the opposite party is a corporation or any other association or foundation, when either of the following (a) or (b) is applicable:
if the opposite party's office or business office is located in Japan and the petition relates to the business conducted at that office or business office;
if the opposite party's office or business office is not located in Japan or the location of its office or business office is unknown, and the domicile of its representative or other person principally in charge of its business is in Japan.
beyond what is set forth in the preceding two items, if the opposite party is a person who conducts business in Japan (including any foreign company (which refers to a foreign company as prescribed in Article 2, item (ii) of the Companies Act (Act No. 86 of 2005)) which continuously conducts transactions in Japan) and if the petition relates to the opposite party's business in Japan.
Notwithstanding the preceding paragraph, parties may establish, by agreement, the country in which they are permitted to file a petition for a sender identification information disclosure order with the courts.
The agreement as referred to in the preceding paragraph is not valid unless it is executed by means of a written document.
前項の合意は、書面でしなければ、その効力を生じない。
Article 9, paragraph (4)（日本の裁判所の管轄権）(Jurisdiction of Courts in Japan)Changed
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 agreement under paragraph (2) that a petition for a sender identification information disclosure order may be filed only with the courts of a foreign country, may not be invoked if those courts are unable to exercise jurisdiction by law or in fact.
Even when the Japanese courts have jurisdiction over a petition for a sender identification information disclosure order pursuant to the provisions of the preceding respective paragraphs (except when a petition is filed based on an agreement under paragraph (2) that only permits a petition to be filed with the Japanese courts), the court may dismiss the whole or part of a petition without prejudice if it finds that there are special circumstances under which the Japanese courts were to conduct a trial and reach a judicial decision in the action, it would be inequitable to either party or prevent a fair and speedy trial, in consideration of the nature of the case, the degree of burden that the opposite party would have to bear in pursuing the proceedings, the location of evidence, and other circumstances.
Whether the Japanese courts have jurisdiction is determined on the basis of the time at which a petition for a sender identification information disclosure order is filed.
日本の裁判所の管轄権は、発信者情報開示命令の申立てがあった時を標準として定める。
Article 10第十条
Jurisdiction（管轄）
Article 10, paragraph (1)
A petition for a sender identification information disclosure order is under the jurisdiction of a district court which has jurisdiction over a location specified in the respective items below, depending on the categories listed in the respective items below.
if the opposite party is an individual person: location of the opposite party's domicile (if the opposite party's domicile is not in Japan or the party's domicile is unknown: location of the party's residence; and if the party's residence is not in Japan or the party's residence is unknown: location of the party's last domicile must be used.);
if the opposite party is an ambassador, minister, or any other Japanese national in a foreign country who enjoys immunity from the jurisdiction of that country, and if jurisdiction is not determined pursuant to this paragraph (limited to the portion relating to the preceding item):the location determined under the Rules of the Supreme Court;
if the opposite party is a corporation or any other association or foundation:location of the office or business office specified in (a) or (b) below (if such office or business office is not located in Japan, location of the domicile of its representative or other person principally in charge of its business).
The opposite party's principal office or business office;
相手方の主たる事務所又は営業所
Article 10, paragraph (1), item (iii), (b)
If the petition relates to the business conducted at the opposite party's office or business office (other than the one specified in (a)): the relevant office or business office.
With regard to a petition for a sender identification information disclosure order as to which the Japanese courts would have jurisdiction pursuant to the provisions of the preceding Article, if the competent court is not determined pursuant to the provisions of the preceding paragraph or other laws and regulations, then the petition is under the jurisdiction of a district court having jurisdiction over the location prescribed in the Rules of the Supreme Court.
With regard to a petition for a sender identification information disclosure order, if a court listed in the following items would have jurisdiction pursuant to the provisions of the preceding two paragraphs, the petition may also be filed with the court specified in the relevant item:
a district court (except for the Tokyo District Court) located within the territorial jurisdiction of the Tokyo High Court, the Nagoya High Court, the Sendai High Court, or the Sapporo High Court:the Tokyo District Court;
a district court (except for the Osaka District Court) located within the territorial jurisdiction of the Osaka High Court, the Hiroshima High Court, the Fukuoka High Court, or the Takamatsu High Court:the Osaka District Court.
Notwithstanding the preceding three paragraphs, a petition for a sender identification information disclosure order is under the jurisdiction of a district court specified by the parties by agreement. In that case, the provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis.
Notwithstanding the provisions of the preceding respective paragraphs, with regard to a petition for a sender identification information disclosure order filed by a person alleging the infringement of the relevant person's patent right, utility model right, layout-design exploitation right for an integrated circuit, or an author's right to a work of computer programming, if a court listed in the following items would have jurisdiction over the petition pursuant to each paragraph, the petition is under the exclusive jurisdiction of the court specified in the relevant item:
a district court located within the territorial jurisdiction of the Tokyo High Court, the Nagoya High Court, the Sendai High Court, or the Sapporo High Court:the Tokyo District Court;
a district court located within the territorial jurisdiction of the Osaka High Court, the Hiroshima High Court, the Fukuoka High Court, or the Takamatsu High Court:the Osaka District Court.
An immediate appeal to a decision rendered by the court specified in item (ii) of the preceding paragraph in the case of a sender identification information disclosure order (but limited to one relating to infringement of the rights set forth in the paragraph) is under the exclusive jurisdiction of the Tokyo High Court.
Notwithstanding the provisions of the preceding paragraphs, with regard to the case specified in item (i) below relating to a petition by a person to whom, pursuant to the order under Article 15, paragraph (1) (but limited to the portion relating to item (i) of paragraph (1)), information such as names of other related disclosing service providers was provided as the relevant information is specified in (a) of item (i), if the case specified in item (ii) below relating to the petition by the person to whom the information was provided is pending, then the former case is under the exclusive jurisdiction of the court at which the latter case is pending.
case of a sender identification information disclosure order in respect of violating information pertaining to the provision where the opposite party is the other disclosure related service provider;
当該他の開示関係役務提供者を相手方とする当該提供に係る侵害情報についての発信者情報開示命令事件
Article 10, paragraph (7), item (ii)
other cases of a sender identification information disclosure order in respect of violating information pertaining to the relevant provision.
当該提供に係る侵害情報についての他の発信者情報開示命令事件
Article 11第十一条
Delivery of Copy of Petition for Sender Identification Information Disclosure Order（発信者情報開示命令の申立書の写しの送付等）
Article 11, paragraph (1)
When a petition for a sender identification information disclosure order is filed with a court, the court must deliver to the opposite party a copy of the petition for the sender identification information disclosure order unless the petition is unlawful or unless the relevant petition is clearly groundless.
The provisions of Article 43, paragraphs (4) through (6) of the Non-Contentious Case Procedures Act (Act No. 51 of 2011) apply mutatis mutandis to a case where a copy of the petition for a sender identification information disclosure order may not be delivered (including if expenses required for the delivery of a copy of the relevant petition are not prepaid).
Before rendering a decision on a petition for a sender identification information disclosure order, the court must hear the parties' statements; provided that, this does not apply when the court renders a decision to dismiss the petition, finding that it is unlawful or clearly groundless.