
Implementation of Order for Measures against IA Communications Inc. Concerning Violation of the Act on Regulation of the Transmission of Specified Electronic Mail
The Ministry of Internal Affairs and Communications (MIC) and the Consumer Affairs Agency have issued an administrative order for measures against IA Communications Inc. which sent electronic mails to advertise or propagate the website “First Class” 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 to send specified electronic mails to persons other than those who have notified the sender or its consignor of the request or consent to send them specified electronic mails prior to the transmission thereof (Article 3, Paragraph 1 of said Act (Limitation of the transmission of specified electronic mails). In addition, when any sender intends to send specified electronic mails, it shall make sure that certain matters such as the personal name or legal name of the sender is correctly displayed in the main text of mails (Article 4 of said Act (Obligation of labeling))
2. The fact was found that IA Communications Inc. sent electronic mails to advertise or propagate the website “First Class” operated by the company without obtaining the consent of receivers before at least from February 9 to May 24, 2012 and violated the provision of Article 3, Paragraph 1 of said Act. In addition, the fact was found that the company did not display the legal name of the sender and the effect that receivers may notify the company of the rejection of reception in electronic mails for advertisement or propaganda at least from February 9 to May 24, 2012 and violated the provision of Article 4 of said Act.
3. Therefore, on July 4, 2012, the MIC and the Consumer Affairs Agency have issued an administrative order for measures against IA Communications Inc. ordering the company to comply with the provisions of Article 3, Paragraph 1 and Article 4 of said Act concerning the methods of electronic mail transmission based on the provision of Article 7 of said Act.
Subject of order
| Name of business operator |
IA Communications Inc. |
| Location |
2-2-26 Minamiazabu, Minato-ku, Tokyo |
| Representative |
Akira Tanaka |
| Date of establishment |
December 4, 2008 |
| Capital |
3 million yen |
Fact related to this company
| Subject of publicity or advertisement |
Website “First Class” operated by IA Communications Inc. |
| Period during which the transmission of electronic mails was confirmed |
From February 9 to May 24, 2012 |
| Number of specified electronic mails on which consultations have been made |
1,125 mails from 240 persons (total number of specified electronic mails on which consumers consulted the Japan Data Communications Association for consultation) |
| Content of violation |
IA Communications Inc.did not obtain the consent of receivers prior to the transmission of electronic mails to advertise or propagate the website “First Class” operated by the company. In addition, the company did not display the matters provided in the Act in the main text of electronic mails sent to advertise or propagate said website. |
| Related law |
Article 3, Paragraph 1 (Limitation of the transmission of specified electronic mails)and Article 4 (Obligation of labeling) of the Act on Regulation of the Transmission of Specified Electronic Mail |