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On July 22, 2011, the Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency enforced an order for measures to be taken against Cyber Factory, Inc., based on Article 7 of the Special E-Mail Act (Act No. 26 of 2002 Act; hereinafter, “the Act”), for its violation of the act in conducting e-mail advertising and publicity for its self-managed “Love Mail” website.
Outline
1. The Act 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 Act 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 act (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 CyberFactory, Inc. transmitted e-mail advertising or publicity for its self-managed website over a minimum period of April 1, 2010 to June 16, 2011 without the consent of recipients, acting in direct violation of the regulations found in Article 3, Item 1 of the Act.
It has also been recognized as fact that publicity and advertising e-mails were transmitted without displaying the sender's full name/title for a minimum confirmed period of April 1, 2010 to June 16, 2011, in violation of regulations in Article 4 of the Act.
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 CyberFactory, Inc. so as to demand compliance with the regulations found in Article 3, Item 1 and Article 4 of the Act concerning methods of e-mail transmission, based on Article 7 of the Act.
Target of order
Business name |
CyberFactory, Inc. |
Location |
2-12-22 Nishi-Shinsaibashi, Chuo-ku, Osaka-shi |
Representative |
Yukio Yamazaki
Seigo Watanabe |
Date of establishment |
November 30, 2009 |
Capital stock |
5 million yen |
Facts regarding violation
Advertising and publicity targets |
Self-managed “Love Mail” website |
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Minimum confirmed transmission period |
From April 1, 2010 to June 16, 2011 |
Number of consultations stemming from receipt of special e-mail |
6,767 consultations with 637 persons
(The total number of 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. Also, items regulated by act were not displayed in the bodies of the advertising and publicity e-mails transmitted. |
Related acts and ordinances |
Article 3, Item 1 (Special E-mail Transmission Restrictions), and Article 4 (Responsibility for Representation)
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References
○Ministry of Internal Affairs and Communications (MIC) Anti-Spam Website:
http://www.soumu.go.jp/joho_tsusin/d_syohi/m_mail.html
○Consumer Affairs Agency website:
http://www.caa.go.jp/index.html
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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 |
