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On June 1, 2011, the Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency enforced an order for measures to be taken against a private businessperson, based on Article 7 of the Special E-Mail Law (Act No. 26 of 2002 Law; hereinafter, “the Law”), for his violation of the law in conducting e-mail advertising and publicity for his self-managed “Select” website.
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, Part 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.
Article 4 of the law (Responsibility for Representation) also provides that senders of e-mail must correctly display their full name, title, etc. in the bodies of e-mails transmitted.
2. It has been recognized as fact that private businessperson Daisuke Kato transmitted e-mail advertising or publicizing a self-managed website over a minimum period of December 4, 2010 to May 19, 2011 without the consent of recipients, acting in direct violation of the regulations found in Article 3, Item 1 of the Law.
It has also been recognized as fact that publicity and advertising e-mails were transmitted without displaying the sender's full name/title or providing any way of refusing to receive said e-mails for a minimum confirmed period of December 4, 2010 to May 19, 2011, in violation of regulations in Article 4 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 Daisuke Kato so as to demand compliance with the regulations found in Article 3, Item 1 and Article 4 of the Law concerning methods of e-mail transmission, based on Article 7 of the Law.
Target of order
Businessperson's name |
Daisuke Kato |
Location (residence) |
Kawaguchi-shi, Saitama-ken |
Facts regarding violation
Advertising and publicity targets |
Self-managed “Select” website |
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Minimum confirmed transmission period |
December 4, 2010 to May 19, 2011 |
Number of consultations stemming from receipt of special e-mail |
788 consultations with 286 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 website was transmitted without the consent of recipients. Also, items regulated by law were not displayed in the bodies of the advertising and publicity e-mails transmitted. |
Related laws and ordinances |
Article 3, Item 1 (Special E-mail Transmission Restrictions), and Article 4 (Responsibility for Representation) |
Reference links
Ministry of Internal Affairs and Communications (MIC) Anti-Spam Website:
Consumer Affairs Agency website:
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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 |
