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

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.