Article 1The purpose of this Act, in light of the recognized need to prevent hindrances to transmission and reception of electronic mails due to simultaneous transmission, etc. of specified electronic mails to many persons, is, by specifying measures, etc. for regulating transmission of specified electronic mails, to prepare a preferable environment for the use of electronic mails, and thereby to contribute to the sound development of an advanced information and communications society.

Article 2In this Act, the meaning of the terms listed in the following items is as prescribed respectively in those items.

Article 3A sender must, as specified by MIC Order, upon transmission of specified electronic mails, make such a specified electronic mail correctly display the following matters on a screen of a communications terminal being used by a person who receives the specified electronic mail:

Article 4A sender must not send specified electronic mails to persons, who received specified electronic mails from the sender, and who, as specified by MIC Order, have notified the sender of the request not to send specified electronic mails (in cases where requesting the sender not to send specified electronic mails pertaining to certain matters, to that effect), against their wish.

Article 5A sender must not send electronic mails to fictitious electronic mail addresses for the purpose of sending many electronic mails for their own or others' sales activities.

Article 6A sender must not send electronic mails, as a means of advertisement for their own or others' sales activities, falsifying the following information on the sender (hereinafter referred to as "sender information") for sending or receiving electronic mails:

Article 7Where the Minister for Internal Affairs and Communications (hereinafter referred to as "Minister") finds that with respect to transmission of electronic mails, including simultaneous transmission of specified electronic mails to many persons, a sender does not comply with the provisions of Article 3 or Article 4, or where the Minister finds that a sender has sent electronic mails to fictitious electronic mail addresses or electronic mails using false sender information, and when the Minister finds that it is necessary for preventing disturbances upon transmission and reception of electronic mails, the Minister may order that sender to take necessary measures for improving the methods for electronic mail transmission.

Article 8(1)A person who has received specified electronic mail or electronic mail using false sender information may, when the person finds that electronic mail has been sent in violation of the provisions of Article 3, Article 4 or Article 6, petition the Minister to take appropriate measures.

(2)A person who is offering electronic mail services may, when the person finds that electronic mail has been sent to fictitious electronic mail addresses in violation of the provisions of Article 5, petition the Minister to take appropriate measures.

(3)The Minister must, when they have received a petition pursuant to the provisions of the preceding two paragraphs, implement necessary investigation, and when they find it necessary based upon results of the investigation, take measures based upon this Act and other appropriate measures.

Article 9A sender of specified electronic mails must, in good faith, process complaints, inquiries, etc. on their transmission of specified electronic mails.

Article 10(1)A telecommunications carrier (meaning a telecommunications carrier stipulated in Article 2 item (v) under the Telecommunications Business Act; the same applies hereinafter) offering electronic mail services must endeavor to provide users of the services with information on services that contribute to prevention of disturbances upon transmission and reception of electronic mails caused by specified electronic mails, electronic mails to be sent to fictitious electronic mail addresses, or electronic mails using false sender information (hereinafter referred to as "specified electronic mail, etc.").

(2)A telecommunications carrier offering electronic mail services must endeavor to develop or introduce technologies for contributing to prevention of disturbances upon transmission and reception caused by specified electronic mail, etc.

Article 11A telecommunications carrier may, in cases where many electronic mails addressed to fictitious electronic mail addresses have been simultaneously sent and therefore it is considered that there is a risk of causing disturbances in smooth offering of its electronic mail services, or where it is considered that there is reasonable grounds to refuse the provision of electronic mail services for prevention of disturbances upon transmission and reception of electronic mails, refuse to provide a person who sends electronic mails that have a risk of causing the disturbances with electronic mail services to the extent of preventing the disturbances.

Article 12The Minister is to endeavor to give necessary instructions and advices to a juridical person incorporated pursuant to the provisions of Article 34 of the Civil Code (Act No. 89 of 1896), that conduct operations including provision of information and services contributing to prevention of disturbances upon transmission and reception of electronic mails caused by specified electronic mails, etc. for its member telecommunications carriers.

Article 13The Minister, at least once a year, discloses the status of research and development on technologies that contribute to prevention of disturbances upon transmission and reception of electronic mails caused by specified electronic mails, etc. and the introduction status of the technologies by telecommunications carriers that offer electronic mail services.

Article 14(1)The Minister may have a person who has obtained registration from the Minister (hereinafter referred to as the "registered agency for regulating transmission") conduct the following services (hereinafter referred to as the "services for regulating transmission of specified electronic mail, etc."):

(2)The registration in the preceding paragraph is to be made upon request from a person who intends to conduct the services for regulating transmission of specified electronic mail, etc.

Article 15A person who falls under any of the following items may not be registered under paragraph (1) of the preceding article

Article 16(1)The Minister must grant registration to any person who has applied for registration pursuant to the provisions of Article 14 paragraph (2), if the applicant for registration complies with all of the following requirements.In this case, the procedures necessary for registration is to be specified by MIC Order.

(2)The registration is to be made by entering the following matters in the registration book of registered agencies for regulating transmission:

Article 17(1)If the registration under Article 14 paragraph (1) is not renewed every three years, the registration ceases to be effective by passage of the period.

(2)The provisions of Article 14 paragraphs (2) and the preceding two Articles apply mutatis mutandis to the renewal of registration under the preceding paragraph.

Article 18A registered agency for regulating transmission must conduct the services for regulating transmission of specified electronic mail, etc. fairly and by methods complying with requirements listed in each item of Article 16 paragraph (1) and the standards specified by MIC Order.

Article 19A registered agency for regulating transmission must, when intending to change matters listed in item (ii) or item (iii) of Article 16 paragraph (2), notify the Minister to that effect two weeks prior to the date on which changes are to be made.

Article 20(1)A registered agency for regulating transmission must establish its operational rules and procedures (referred to as operational rules in the following paragraph) concerning the services for regulating transmission of specified electronic mail, etc., and must notify the Minister of the rules and procedures prior to the commencement of the services for regulating transmission of specified electronic mail, etc. The same applies when the rules and procedures are to be revised.

(2)The operational rules must specify the methods of carrying out the services for regulating transmission of specified electronic mail, etc. and other matters specified by MIC Order.

Article 21A registered agency for regulating transmission must, when intending to suspend its entire services or part of services, or discontinue the services for regulating transmission of specified electronic mail, etc., notify the Minister to that effect in advance, as specified by MIC Order.

Article 22(1)A registered agency for regulating transmission must, within three months after the end of every business year, prepare an inventory of assets, a balance sheet and a profit and loss statement or income and expenditure account statement, and an operating report or a business report (including an electronic or magnetic record (any record which is produced by electronic, magnetic, or any other means unrecognizable by natural perceptive function, and is used for data-processing by a computer; hereinafter the same applies in this Article) in cases where electronic or magnetic records are produced instead of those paper documents. In the following paragraph and Article 35, referred to as "financial statements, etc.") and retain thereof for a five-year period at its office.

(2)A person or other interested person who received specified electronic mail, may, whenever within the business hours of a registered agency for regulating transmission, make the following requests.However, when making the request in item (ii) or item (iv), fees set forth by the registered agency for regulating transmission must be paid.

Article 23When the Minister finds that a registered agency for regulating transmission has failed to comply with any of the items in Article 16 paragraph (1), the Minister may order the registered agency for regulating transmission to take necessary measures for compliance with those provisions.

Article 24The Minister may, when they find that a registered agency for regulating transmission is violating the provisions of Article 18, order the registered agency for regulating transmission to implement the services for regulating transmission of specified electronic mail, etc. pursuant to the provisions of the same Article or to take necessary measures for improving the methods of regulating transmission of specified electronic mail, etc.

Article 25The Minister may rescind the registration or order the suspension in whole or in part of the services for regulating transmission of specified electronic mail, etc. for a specified period, if a registered agency for regulating transmission falls under any of the following items:

Article 26A registered agency for regulating transmission must, as specified by MIC Order, prepare and maintain a record book, on which matters specified by MIC Order related to the services for regulating transmission of specified electronic mail, etc. are entered.

Article 27The Minister must, in the following cases, issue a public notice to that effect in the Official Gazette:

Article 28(1)Within the limit necessary for the enforcement of this Act, the Minister may order a sender of specified electronic mail, etc. to report on the state of transmission thereof, or delegate ministerial employee to enter the office of the sender to inspect record books, documents and other objects.

(2)Within the limit necessary for ensuring proper operations of the services for regulating transmission of specified electronic mail, etc., the Minister may order a registered agency for regulating transmission to report on the state of the services for regulating transmission of specified electronic mail, etc. or of its assets, or delegate ministerial employee to enter the office of the registered agency for regulating transmission to inspect the state of the services for regulating transmission of specified electronic mail, etc., or record books, documents and other objects.

(3)Any ministerial employee who conducts on-site inspection in accordance with the provisions of the preceding two paragraphs must carry an identification card and show it to persons concerned.

(4)The authority of on-site inspection under the provisions of paragraph (1) or paragraph (2) must not be construed as being legitimate for the purpose of criminal investigations.

Article 29As specified in Cabinet Order, part of the administrative work under the authority of the Minister stipulated in this Act may be conducted by prefectural governors.

Article 30When orders are established, amended or abolished in accordance with the provisions of this Act, necessary transitional measures (including those concerning penal provisions) may be stipulated in those orders to such extent as determined to be reasonably necessary in establishing, amending or abolishing those orders.

Article 31Any person who has violated the order to suspend business operations in accordance with the provisions of Article 25 is punished by imprisonment with work for a term not exceeding one year or by a fine not exceeding 1,000,000 yen, or both.

Article 32A person that falls under any of the following items is punished by imprisonment with work for a term not exceeding one year or by a fine not exceeding 1,000,000 yen:

Article 33A person that falls under any of the following items is punished by a fine not exceeding 300,000 yen:

Article 34When any representative of a corporation, or an agency, staff or other employee of a corporation or an individual, has committed an act of violation listed in the preceding three Articles with regard to the business of the corporation or the individual, not only the offender is punished but also the juridical person or the individual is punished by a fine prescribed in the respective Articles.

Article 35Any person who has failed to retain financial statements, etc., has failed to enter the matters that should be entered in financial statements, etc., or has made false entries in financial statements, etc., in violation of the provisions of Article 22 paragraph (1), or has refused without reasonable grounds a request under paragraph (2) of the same Article, is punished by a civil fine not exceeding 200,000 yen.