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On March 28, 2011, the Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency enforced an order for measures to be taken against Eruberu Co., Ltd., based on Article 7 of the Act on Regulation of Transmission of Special Electronic Mail (Act No. 26 of 2002 Law; hereinafter, "the Law"), for its violation of the law in conducting e-mail advertising for the "HEAVEN" website under its management.
Outline
1. The Law (outlined in the enclosed document) provides in Article 3, Item 1 (Special E-mail Transmission Restrictions) that, as a general rule, special e-mail as regulated in Article 2, Item 2 of the Law must not be transmitted unless the recipients have notified the sender or sending consignor that they request or consent to such e-mail.
2. It has been recognized as fact that Eruberu Co., Ltd. transmitted e-mail advertising for a website under its management over a minimum period of September 1, 2010 to March 9, 2011 without the consent of recipients, acting in direct violation of the regulations found in Article 3, Item 1 of the Law.
3. Because of this, the Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency have enforced an order for measures to be taken against Eruberu Co., Ltd. so as to demand compliance with the regulations found in Article 3, Item 1 of the Law concerning methods of e-mail transmission, based on Article 7 of the Law.
Target of order
| Business name |
Eruberu Co., Ltd. |
| Location |
34-5 Udagawa-cho, Shibuya-ku, Tokyo |
| Representative |
Takeshi Komatsu |
| Date of establishment |
July 27, 2010 |
| Capital stock |
10,000 yen |
Facts regarding violation
| Advertising and publicity targets |
Self-managed "HEAVEN" website |
| Minimum confirmed transmission period |
September 1, 2010 to March 9, 2011 |
| Number of consultations stemming from receipt of special e-mail |
5,535 consultations with 538 persons
(The total number of special e-mail consultations transmitted to the Japan Data Communications Association) |
| Details of violation |
E-mail advertising the above-mentioned websites was transmitted without the consent of recipients. |
| Related laws and ordinances |
Article 3, Item 1 (Special E-mail Transmission Restrictions) |
Links for reference
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For further information about this press release, please fill in the inquiry form and submit it to MIC on the website
http://www.soumu.go.jp/joho_tsusin/eng/contact.html
International Policy Division,
Global ICT Strategy Bureau, MIC
TEL: +81 3 5253 5374 / FAX: +81 3 5253 5924 |
