JAPAN Law and Practice Contributed by: Hiromi Hayashi, Daisuke Tsuta, Masaki Yukawa and Keiichi Bando, Mori Hamada & Matsumoto
utilisation, including personal data, in a wide range of fields such as medical care, finance, education, and industrial data, in light of the digi - talisation of society. The Study Group aims to improve the convenience of society by building a system that takes into account the protection of personal information and consumer protection, and to facilitate medical treatment, reform work - ing practices, and provide high-quality services. It also aims to form a basic policy on the ideal form of a data utilisation system which is sched - uled to be formulated by the summer of 2025. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures Licences for Broadcasting Businesses As described in 6. Telecommunications , a tel- ecommunications business under the TBA does not include broadcasting businesses, which are separately regulated under the Broadcasting Act. Note that the key regulator of both the tel - ecommunications business and the broadcast - ing business is MIC. The Broadcasting Act requires a licence prior to offering broadcasting services in Japan, which include: • terrestrial-based television broadcasting; • satellite-based television broadcasting; and • cable television broadcasting. The Broadcasting Act does not apply to com - panies with video-sharing platform services and streaming platforms. In fact, there is no specific law which regulates video-sharing platform ser - vices. The Broadcasting Act restricts foreign investments in the broadcasting business. The
following entities or parties are not eligible to hold a broadcasting licence: • a person who is not a Japanese national; • a foreign government or its representative; • a foreign entity; and • a company or entity in which any of the afore - mentioned entities or persons is the executive director, or holds 20% or more of the voting rights. Licences for Radio Stations As described in 4.1 Machine-to-Machine Com- munications, Communications Secrecy and Data Protection , users of radio equipment must obtain a radio station licence under the RWA, with certain exceptions. Thus, if a provider of broadcasting services uses radio equipment for the services, it must obtain a licence not only under the Broadcast Act but under the RWA as well. As described in 6. Telecommunications , the RWA restricts foreign investments regarding licences to use radio equipment. While there are exceptions to such restriction, those exceptions are not available for the use of radio equipment for a broadcasting business. 6. Telecommunications 6.1 Scope of Regulation and Pre- Marketing Requirements Licences for Telecommunications Businesses Under the TBA, “telecommunications” means sending, delivering or receiving codes, sounds or pictures by wire, wireless means, or any oth - er electromagnetic means which includes the internet. A broadcasting business, however, is excluded from the definition of telecommunica - tions business.
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