JAPAN Law and Practice Contributed by: Tsuyoshi Ikeda, Takaaki Someya, Muneharu Yamamoto and Hiroaki Miyauchi, Ikeda & Someya
can claim damages based on tort and seek an injunc - tion based on intellectual property laws. If the competitor makes a misleading representation, the advertiser can bring an injunction and claim com - pensation for damages, alleging that the represen - tation constitutes unfair competition conduct under Unfair Competition Prevention Act. An advertiser can report the case to the CAA, but it is at the CAA’s discretion whether to investigate and issue an administrative disposition. 4.4 Ambush Marketing There are no special rules related to ambush market - ing. If the marketing uses a trade mark or copyright, etc, it can infringe intellectual property rights (such as the trade mark or copyright) and can constitute unfair competition conduct. 5. Social/Digital Media 5.1 Special Rules Applicable to Social Media There are no specific rules that apply only to online or social media advertising. 5.2 Liability for Third-Party Content Liability depends on the advertiser’s involvement in determining the content of the representation. Regarding content posted by a third party on a web - site operated by an advertiser, advertising regulations including the AUPMR may be applied to the adver - tiser, as the entire website is likely to be deemed to constitute a representation by that advertiser. In contrast, concerning social media, the advertiser will be held responsible for compliance with advertis - ing regulations if they are assessed as having caused the third party to make the post, either explicitly or implicitly. 5.3 Disclosure Requirements Advertisements and confirmation screens regarding contract details prior to the completion of applica -
tions on social media platforms may also be subject to the legal obligation to display mandatory information under the ASCT. 5.4 Requirements for Use of Social Media Platforms There are no unique rules or regulations that apply to the use of major social media platforms. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns Influencer campaigns are subject to stealth marketing regulation under the AUPMR; see 2.5 Endorsements and Testimonials . The business operator is required to have influencers put marks such as “PR” on the representation, depending on the specific facts of the case. 5.5.2 Advertiser Liability for Influencer Content In cases where the influencer’s representation is con - sidered the business operator’s representation (such as when a post is requested by the business), the advertiser can be held liable for the content of the influencer’s representation. In such cases, the adver - tiser has an obligation to monitor whether the influenc - er includes disclosures such as “PR” and to ensure that no other misleading representations are made. 5.5.3 Consumer Reviews Customer reviews can be subject to stealth marketing regulation under the AUPMR; as such, in cases where the advertiser is assessed as having been involved in determining the content of consumer reviews, the advertiser is required to put marks such as “PR” on the representation. Additionally, in such cases, the advertiser can be held liable for the content of the customer review and has an obligation to monitor it.
6. Privacy and Advertising 6.1 Email Marketing
Regarding sending an email for marketing, the Act on Regulation of Transmission of Specified Electronic Mail (ARTSEM) requires the consent of the recipient,
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