Act on Ensuring the Proper Distribution of Show and Event Tickets by Prohibiting the Unauthorized Resale of Specified Show and Event Tickets（Act No. 103 of 2018）
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Act on Ensuring the Proper Distribution of Show and Event Tickets by Prohibiting the Unauthorized Resale of Specified Show and Event Tickets
Act No. 103 of December 14, 2018
Table of Contents
Chapter I General Provisions(Articles 1 and 2)
Chapter II Prohibition of Unauthorized Resale of Specified Show and Event Tickets(Articles 3 and 4)
Chapter III Measures to Ensure the Proper Distribution of Show and Event Tickets(Articles 5 through 8)
Chapter IV Penal Provisions(Article 9)
Supplementary Provisions
Chapter I General Provisions
(Purpose)
Article 1The purpose of this Act is to ensure the proper distribution of show and event tickets by prohibiting the unauthorized resale of specified show and event tickets and by providing for measures to prevent their unauthorized resale; and by doing this, to contribute to promoting culture and sports through the promotion of shows and events, to contribute to stabilizing the people's lives as consumers, and to help enrich the lives of the people.
(Definitions)
Article 2(1)The term "show or event" as used in this Act means showing a motion picture, theatrical performance, comedy performance, musical performance, dance performance, other work of art or performing art, or sporting event for a non-exclusive group of persons or a large group of persons to watch or listen to (limited to when this is done in Japan).
(2)The term "show or event ticket" as used in this Act means a voucher that gives the bearer the right, by presenting it, to enter the place where a show or event is being held (the term includes a number, symbol, or other code that functions in the same way as such a voucher).
(3)The term "specified show or event ticket" as used in this Act means a show or event ticket that is sold to a non-exclusive group of persons or a large group of persons and that satisfies all of the following requirements:
(i)when entering into the sales contract for the show or event ticket, the promoter or authorized seller (meaning the promoter (meaning the organizer of the show or event; hereinafter the same applies in this Article and Article 5, paragraph (2)) or a person that sells show and event tickets in the course of trade with the promoter's consent; the same applies hereinafter) has clearly expressed that it is prohibited to transfer the ticket for profit without the promoter's consent, and has also either stated this prohibition on the surface of the show or event ticket or caused it to be displayed together with the information about the show or event ticket on the screen of the telecommunications terminal (inclusive of input/output devices) used by a person receiving a telecommunication about the show or event ticket;
(ii)the specific date, time, and place has been set for the show or event to be held, and either the person eligible to enter (meaning the person that the promoter or authorized seller has decided has the right to enter the place where the show or event is held; the same applies in the following item and Article 5, paragraph (1)) has been specified or a seat has been reserved; and
(iii)when entering into the sales contract for the show or event ticket, the promoter or authorized seller has taken measures to confirm the information specified as follows for each of the following categories, and has stated this or caused this to be displayed in one of the ways prescribed in item (i):
(a)a show or event ticket in connection with which the person eligible to enter has been specified:the name of the person eligible to enter, and that person's telephone number, electronic mail address (meaning an electronic mail address as prescribed in Article 2, item (iii) of the Act on Regulation of Transmission of Specified Electronic Mail (Act No. 26 of 2002), or other contact information (referred to simply as "contact information" in (b)); and
(b)a show or event ticket in connection with which a seat has been reserved (other than a ticket otherwise set forth in (a)):the name and contact information of the purchaser.
(4)The term "unauthorized resale of a specified show or event ticket" as used in this Act means the for-profit transfer of a specified show or event ticket in the course of trade, without the promoter's consent and at a price that exceeds the promoter's or authorized seller's sale price for that specified show or event ticket.
Chapter II Prohibition of Unauthorized Resale of Specified Show and Event Tickets
(Prohibition of Unauthorized Resale of Specified Show and Event Tickets)
Article 3It is prohibited for any person to engage in the unauthorized resale of a specified show or event ticket.
(Prohibition of Acquisition of Specified Show and Event Tickets for the Purpose of Unauthorized Resale)
Article 4It is prohibited for any person to acquire a specified show or event ticket for the purpose of unauthorized resale.
Chapter III Measures to Ensure the Proper Distribution of Show and Event Tickets
(Measures Taken by Promoters and Authorized Sellers to Prevent the Unauthorized Resale of Specified Show and Event Tickets)
Article 5(1)In order to prevent the unauthorized resale of specified show and event tickets, a promoter or authorized seller is to endeavor to take measures to verify that the person seeking to enter the place where a show or event is being held is the person eligible to enter with the ticket.
(2)Beyond as provided in the preceding paragraph, a promoter or authorized seller is to endeavor to take the necessary measures to ensure the proper distribution of show and event tickets, such as providing opportunities for persons other than promoters and authorized sellers to transfer show and event tickets with the promoter's consent.
(3)The national and local governments are to endeavor to provide promoters and authorized sellers with the necessary advice and cooperation regarding the prevention of the unauthorized resale of specified show and event tickets and regarding other necessary measures to ensure the proper distribution of show and event tickets.
(Improvement of Consultation Frameworks)
Article 6(1)The national and local governments are to endeavor to improve the frameworks for unerringly responding to requests for consultation concerning the unauthorized resale of specified show and event tickets.
(2)In order to ensure the proper distribution of show and event tickets, a promoter or authorized seller must endeavor to provide accurate and appropriate information about the show and event tickets that it sells, and to appropriately respond to requests for consultation from purchasers of show and event tickets and other persons.
(Furtherance of Public Awareness and Understanding)
Article 7The national government, local governments, and promoters and authorized sellers are to endeavor to make full use of public-relations campaigns concerning the proper distribution of show and event tickets and to implement other necessary initiatives to promote public awareness and understanding of the importance of preventing the unauthorized resale of specified show and event tickets and of implementing other necessary measures to ensure the appropriate distribution of show and event tickets, as well as the importance of facilitating shows and events by ensuring the proper distribution of show and event tickets.
(Considerations in Implementing Initiatives)
Article 8When implementing initiatives to promote shows and events, the national and local governments are to give due consideration to ensuring the proper distribution of show and event tickets.
Chapter IV Penal Provisions
Article 9(1)A person violating the provisions of Article 3 or Article 4 is subject to imprisonment for not more than one year, a fine of not more than one million yen, or both.
(2)The crime referred to in the preceding paragraph is governed by the provisions of Article 3 of the Penal Code (Act No. 45 of 1907).
Supplementary Provisions
(Effective Date)
Article 1This Act comes into effect as of the day calculated as falling six months after the date of promulgation; provided, however, that the provisions of Article 3 of the Supplementary Provisions come into effect as of the date of promulgation.
(Partial Amendment of the Act Establishing the Ministry of Education, Culture, Sports, Science and Technology)
Article 2The Act Establishing the Ministry of Education, Culture, Sports, Science and Technology (Act No. 96 of 1999) is partially amended as follows:
The following item is added following Article 4, paragraph (1), item (lxxxvi):
(lxxxvi)-2functions dealing with the coordination of functions among the relevant administrative organs with regard to ensuring the proper distribution of show and event tickets as prescribed in Article 2, paragraph (2) of the Act on Ensuring the Proper Distribution of Show and Event Tickets by Prohibiting the Unauthorized Resale of Specified Show and Event Tickets (Act No. 103 of 2018).
(Preparatory Acts)
Article 3Preparatory acts that need to be undertaken in order to bring into effect the Act Establishing the Ministry of Education, Culture, Sports, Science and Technology as amended by the provisions of the preceding Article may be undertaken before the date on which this Act comes into effect.