JAPAN Law and Practice Contributed by: Hiromi Hayashi, Daisuke Tsuta, Masaki Yukawa and Keiichi Bando, Mori Hamada & Matsumoto
the purpose of promoting sales (Supreme Court, 2 February 2012). Thus, such an avatar cannot be used to promote sales, but a publicity right would not be infringed if the user generates the avatar only for personal satisfaction or use. 10. Social Media 10.1 Laws and Regulations for Social Media Telecommunication Business Act Certain social networking services (SNS) are subject to the TBA. For instance, SNS platforms that offer direct messaging functionalities are required to file a notification based on the TBA. Additionally, even if an SNS does not have direct messaging capabilities, some service providers offering SNS services with over 10 million users (“equivalent to intermediary telecommunica - tions services”) have been designated by MIC as being required to file a notification under the TBA. For further details on the notification process, see 6.1 Scope of Regulation and Pre- Marketing Requirements . Information Distribution Platform Act In 2024, the “Act on Dealing with Infringement of Rights Caused by Information Distribution via Specified Telecommunications” (Information Distribution Platform Act) was enacted to amend the “Act on the Limitation of Liability for Dam - ages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders” (Pro - vider Liability Limitation Act). To address the spread of illegal and harmful information (eg, slander and libel) online, the new law stipulates the obligations of platform opera - tors above a certain size to:
• establish and publicise a method for indi - viduals alleging that their rights have been infringed by the distribution of information to request the removal of the postings (Article 22); • investigate the infringement of rights upon receipt of a request, make a decision within 14 days of such request, and duly notify the requestor of the outcome (Articles 23 and 25); and • establish and publicise the criteria for deleting posts (Article 26). The proposed name change of the law is due to the broadening of its scope beyond the disclo - sure of sender identification, which was a key provision in the original law. Countermeasures Against Disinformation and Misinformation On 10 September 2024, the MIC published its “Study Group on Ensuring the Soundness of Information Distribution in Digital Spaces” (Sum - mary), which highlights the risks and challenges associated with disinformation and misinforma - tion in digital environments and suggests meas - ures to promote reliable information distribution. Although the Summary is not legally binding, it may influence future legislative amendments. The Summary delineates the responsibilities and roles of various stakeholders in managing the risks and challenges related to information dis - tribution, presenting these as “basic principles”. 10.2 Regulatory and Compliance Issues See 1.1 Key Challenges , 6.1 Scope of Regula- tion and Pre-Marketing Requirements and 10.1 Laws and Regulations for Social Media . Social media operators are often classified as telecommunications business carriers under the TBA, and as such the MIC frequently assumes
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