BROADCAST LAW

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Chapter I-2 Provisions Concerning the Compilation of Broadcast Programs

(Freedom of the Compilation of Broadcast Programs)
Article 3.

Broadcast programs shall never be interfered with or regulated by any person, except in the cases where it is done through invested powers provided by law.

(Compiling of Broadcast Programs for Domestic Broadcasting)
Article 3-2.
(1)

The Broadcaster shall, in compiling the broadcast programs for domestic broadcasting, follow what is laid down in the following items:

i)

Shall not disturb public security, good morals and manners;

ii)

Shall be politically impartial;

iii)

Shall broadcast news without distorting facts;

iv)

As regards controversial issues, shall clarify the point of issue from as many angles as possible.

(2)

The Broadcaster shall, in compiling the broadcast programs for television broadcasting, maintain harmony among the broadcast programs, except those provided in accordance with a special business project, by providing general cultural or educational programs, as well as news and entertainment programs.

(3)

The Broadcaster shall, in compiling and broadcasting an educational programs for domestic broadcasting, clearly indicate the viewers whom the broadcasting is aimed at, and make the contents of the broadcasting systematic and continuative as well as appropriate and instructive to such viewers; at the same time, means shall be so provided as to allow the general public to learn of the plan and the contents of the broadcasting in advance. In this case, if the program concerned is intended for schools, the contents thereof shall conform to the standard of the curricula provided for by the laws and regulations relative to school education.

(4)

The Broadcaster shall, in compiling the broadcast programs for domestic broadcasting, provide as many broadcasting programs as possible which provide voices and other sounds to explain about transient images of fixed or moving objects for blind persons, and providing characters or patterns to explain about voices and other sounds for deaf persons.

(Standards of Broadcast Programs)
Article 3-3.
(1)

The Broadcaster shall establish the standards for the compilation of broadcast programs (hereinafter referred to as ''the Standards of Broadcast Programs'') according to the type of the broadcast programs and to the type of viewers these programs are designed for, and shall compile the broadcast programs in accordance with such standards.

(2)

The Broadcaster shall, upon having established the Standards of Broadcast programs for Domestic Broadcasting according to the provisions of the preceding paragraph, make such standards public in accordance with the provisions of the Ordinance of the Ministry of Posts and Telecommunications. The same shall apply to the amendment of standards.

(Consultative Organization on Broadcast Programs)
Article 3-4.
(1)

The Broadcaster shall, for the purpose of maintaining the appropriateness of broadcast programs, have the Consultative Organization on Broadcast Programs (hereinafter referred to as ''the Consultative Organization'').

(2)

The Consultative Organization may, in addition to replying to inquiries from the Broadcaster and examining necessary matters for maintaining the appropriateness of broadcast programs, express its views thereof to the Broadcaster.

(3)

When the Broadcaster intends to establish or change the Standards of Broadcast Programs and the basic plan relating to the compilation of the broadcast programs, the Broadcaster shall consult the Consultative Organization.

(4)

The Broadcaster shall, when the Consultative Organization has replied to the Broadcaster's inquiry or stated its views in accordance with the provisions of paragraph (2), take necessary action in deference to such reply or statement.

(5)

The Broadcaster shall, in accordance with the provisions of the Ordinance of the Ministry of Posts and Telecommunications, report to the Consultative Organization the matters mentioned in the following items:

i)

The contents of actions taken in accordance with the provisions of preceding paragraph;

ii)

The implementation situation regarding correction broadcasting or cancellation broadcasting in accordance with Article 4 paragraph (1);

iii)

The summary of complaints or other opinions provided concerning broadcast programs.

(6)

The Broadcaster shall endeavor to use the functions of the Consultative Organization so as to reflect the latter's reply and its views in broadcast programs; at the same time, the Broadcaster must make the matters mentioned in the following items public in accordance with the provisions of the Ordinance of the Ministry of Posts and Telecommunications:

i)

The contents of the reply to the inquiry of the broadcaster and the contents of views to the broadcaster expressed by the Consultative Organization, and the other outline of proceedings in the Consultative Organization;

ii)

The contents of actions taken in accordance with the provisions of paragraph (4).

Article 3-5.

The provisions of the preceding two articles shall not apply to a Broadcaster exclusively engaged in the broadcasting of items related to economic and market trends, natural events, sporting news and other items provided for by the Ordinance of the Ministry of Posts and Telecommunications or engaged in broadcasting for an extraordinary and temporary purpose (limited to those provided for in the Ordinance of the Ministry of Posts and Telecommunications).

(Correction Broadcasting, etc.)
Article 4.
(1)

In case where, within three months from the day of the broadcasting, there is a request from a person whose rights have been infringed upon by the broadcasting of untrue matter, or from any other person directly concerned in the case, the Broadcaster shall investigate without delay whether such broadcast matter was untrue or not, and if the untruthfulness is proven, shall, within two days from the day on which such untruthfulness was proven, broadcast the correction or cancellation in an appropriate manner through a broadcasting system equivalent to the system through which the original broadcasting was made.

(2)

The same shall apply when the Broadcaster has found any untrue matter in its broadcasting.

(3)

The provisions of the preceding two paragraphs shall not preclude the claim for damages in accordance with the provisions of the Civil Code (Law No. 89 in 1896).

(Keeping Broadcast Programs)
Article 5.

In accordance with the provisions stipulated in the Cabinet Order, the Broadcaster shall keep the broadcast program for three months (if the case concerning a request for correction or cancellation as shown in paragraph (1) of the preceding article lasts for more than three months, the Broadcaster shall keep the program for as long as the case lasts, up to a maximum of six months) after the program is broadcast, to enable the Consultative Organization or persons in relation to such correction broadcasting or cancellation broadcasting as prescribed in this article, to confirm the contents of the broadcast program by means of watching the program etc.

(Rebroadcasting)
Article 6.

The Broadcaster shall not receive and rebroadcast the broadcasts (including entrusted broadcasts) of any other Broadcaster (except Facility-supplying Broadcaster) unless the latter's consent is obtained.

(Broadcasting in the Event of a Disaster)
Article 6-2.

When a broadcaster conducts domestic broadcasting, it shall, in the event of a disaster caused by storm, heavy rain, flood, earthquake, large scale fire or other causes that have occurred or danger of a disaster is foreseen to occur, conduct broadcasting which helps to prevent occurrence of disaster or to reduce damages caused thereby.