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

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.