May 9, 2012
Ministry of Internal Affairs and Communications
Consumer Affairs Agency
Implementation of Order for Measures against Rise Co., Ltd. (Former Company Name: SEO Co., Ltd.) Concerning Violation of the Act on Specified Electronic Mail against
The Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency have issued an administrative order for measures against Rise Co., Ltd. (Former company name: SEO Co., Ltd.) which sent electronic mails to advertisement or propaganda the website “Angel’s Stairs” operated by the company in violation of the Act on Regulation of the Transmission of Specified Electronic Mail (Act No.26 of 2002) based on the provision of Article 7 of said Act.
Outline
1. In principle, it is prohibited for any sender shall send anyspecified electronic mail to any persons other than those who have notified the sender or consignor transmission of the request or the consent to send specified electronic mail prior to the transmission thereof (Article 3, Paragraph 1 of said Act (limitation on transmission of specified electronic mail)
2. The fact was found that Rise Co., Ltd. (Former company name: SEO Co., Ltd.) sent electronic mails to advertisement or propaganda the website “Angel’s Stairs” operated by the company without obtaining the consent of receivers at least from October 16, 2011 to March 29, 2012 and violated the provision of Article 3, Paragraph 1 of said Act.
3. Therefore, on May 9, 2012, the MIC and the Consumer Affairs Agency have issued an administrative order for measures against Rise Co., Ltd. (Former company name: SEO Co., Ltd.) ordering the company to comply with the provision of Article 3, Paragraph 1 of said Act concerning the methods for electronic mail transmission based on the provision of Article 7 of said Act.
Subject of order
| Name of business operator |
Rise Co., Ltd. (Former company name: SEO) |
| Location |
1-26-1 Kamimeguro, Meguro-ku, Tokyo |
| Representative |
Hiroyuki Watanabe |
| Date of establishment |
April 1, 2009 |
| Capital |
1.15 million yen |
Fact related to this case
| Subject of publicity or advertisement |
Website “Angel’s Stairs” operated by Rise Co., Ltd. |
| Period during which the transmission of electronic mail was confirmed |
October 16, 2011 to March 29, 2012 |
| Number of specified electronic mail on which consultations have been made |
11,054 mails from 330 persons (total number of specified electronic mails on which the Japan Data Communications Association) |
| Content of violation |
Rise Co., Ltd. did not obtain the consent of receiver prior to the transmission of electronic mails to advertisement or propaganda the website “Angel’s Stairs” operated by the company |
| Related law |
Article 3, Paragraph 1 of the Act on Regulation of the Transmission of Specified Electronic Mail (limitation of transmission of specified electronic mail |
MIC’s website of measures for junk mails
http://www.soumu.go.jp/joho_tsusin/d_syohi/m_mail.html
Consumer Affairs Agency website
http://www.caa.go.jp/index.html