JAPAN Trends and Developments Contributed by: Keiji Tonomura, Minh Thi Cao Koike, Akira Komatsu and Yuki Matsumiya, Nagashima Ohno & Tsunematsu
Affairs and Communications, also considers a moderation framework for disinformation and misinformation, which do not necessarily con - stitute rights-infringing information. In addition to cases of defamation on social media, fraudulent or fake advertisements and advertisements involving impersonation have recently become major social issues. Since such advertisements do not always involve infringe - ment, and some advertisements that may be inappropriate do not necessarily fall within the scope of the IDPCA, regulation is not entirely straightforward. On the other hand, under cer - tain constitutional interpretations in Japan, advertising is classified as commercial speech, which may be subject to greater restrictions than general freedom of speech.
Based on these considerations, the Study Group recommended that regulations to mod - erate illegal or inappropriate advertising should encourage platforms to pre-screen ad content by developing and publishing clear pre-screen - ing standards and establishing transparent ad screening systems. In addition, regulations should require the removal of ads deemed ille - gal or inappropriate after they have been posted. However, the approach to regulation remains a topic of intense debate, and the government organised a new study group in October 2024 to continue these discussions.
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