BROADCAST LAW

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Chapter III Private Broadcaster

(Broadcast Program Consultative Organization)
Article 51.
(1)

The broadcast program consultative organization for a private broadcaster shall consist of seven committee members or more (except a broadcast program consultative organization for a private broadcaster conducting exclusive multiplex broadcasting which shall consist of committee members less than seven in accordance with the provisions of the Ordinance of the Ministry of Posts and Telecommunications).

(2)

Committee members of a broadcast program consultative organization for a private broadcaster shall be nominated by the latter from among people of learning and experience.

(3)

In the case the service area of the broadcast station (which means the service area mentioned in Article 14 paragraph (3) item iii) of the Radio Law; hereinafter the same) of a private broadcaster (except the program-supplying broadcaster who entrusts broadcasting the Entrusted domestic and overseas broadcasting; hereinafter the same in this paragraph) or the service area of a facility-supplying broadcast (hereinafter referred to as the ''service area'' in this paragraph) overlaps the service area of another private broadcaster and such overlapped portion is equal to not less than two thirds of the service area of either of the private broadcasters, or the population of the overlapped portion is equal to not less than two thirds of the population of the service area of either of the private broadcasters, these private broadcasters shall jointly establish a consultative organization. In this case, these private broadcasters shall jointly nominate the committee members of the consultative organizations in accordance with the provisions of the preceding paragraph.

(Measures for Identifying Advertisement Broadcasting)
Article 51-2.

In the case a private broadcaster broadcasts a paid advertisement, this broadcaster shall take measures for enabling the receivers of such broadcast to identify it clearly as an advertisement broadcasting.

(Campaign Broadcasting)
Article 52.

In case a private broadcaster has allowed any candidate for an elective office to broadcast the candidate's political views or make a campaign speech over the broadcaster's broadcast equipment or through that of another broadcaster, that broadcaster shall, on application, let other candidates running for the same office in the same election, broadcast under the same conditions whether with or without charge.

(Limitation on Advertisement in Broadcasting for School)
Article 52-2.

In case a private broadcaster conducts the broadcasting of educational programs intended for schools, the broadcast programs must not include any advertisement deemed to be obstructive to school education.

(Limitation on Advertisement Relating to Supply of Broadcast Program)
Article 52-3.

A private broadcaster must not conclude any arrangement relating to the supply of broadcast programs which includes any terms where broadcast programs to be supplied exclusively by a particular person only.

(Paid Broadcasting)
Article 52-4.
(1)

A private broadcaster who intends to conduct paid broadcasting (which means broadcasting conducted, with the purpose of reception by persons who install receiving equipment and pay charges for programs received with said receiving equipment, and which can be received only with said receiving equipment; hereinafter the same) (hereinafter such a broadcaster referred to as a ''paid broadcaster''), shall set forth the service charges of said paid broadcasting for domestic receivers (referring to persons who conclude a contract to receive paid broadcasting through receiving equipment installed domestically; hereinafter the same) when the paid broadcasting is other than multiplex broadcasting (except broadcasting conducted by an artificial satellite station), and shall receive approval from the Minister of Posts and Telecommunications. The same shall apply to changing said service charges.

(2)

The Minister of Posts and Telecommunications shall, if the application for approval in the preceding paragraph meets each paragraph in the following, grant the approval thereto as mentioned in the same paragraph:

i)

The charges for services are appropriate in the light of cost under the efficient management of the services;

ii)

The charges for services does not give unjustified discriminatory treatment to specific persons.

(3)

When the paid broadcasting is other than multiplex broadcasting and is provided by an artificial satellite station, the paid broadcaster shall set forth the service charges of said paid broadcasting for domestic receivers and must report to the Minister of Posts and Telecommunications before said service charges go into effect. The same shall apply to the cases when said service charge is changed.

(4)

When the paid broadcasting is other than multiplex broadcasting, the paid broadcaster shall set forth agreement clauses covering the terms of service of said paid broadcasting for domestic receivers (except the service charges), and shall receive approval from the Minister of Posts and Telecommunications. The same shall apply to changing said agreement clauses.

(5)

The Minister of Posts and Telecommunications shall, if the application for approval in the preceding paragraph meets each paragraph in the following, grant the approval thereto as mentioned in the same paragraph:

i)

The agreement stipulates correctly and expressly matters related to the responsibilities of the paid broadcaster and broadcaster's domestic receivers;

ii)

The agreement does not give unjustified discriminatory treatment to specific persons.

(6)

When the Minister of Posts and Telecommunications has stipulates the standard agreement clauses concerning the terms of service in the agreement clauses to be set forth in accordance with the paragraph (4) and makes them public (including any cases where the Minister has modifies the said standard agreement clauses and makes them public), if the paid broadcaster intends to stipulate the agreement clauses which are the same as standard agreement clauses, or to change existing agreement clauses into the same agreement as standard agreement clauses, and reports to that effect to the Minister of Posts and Telecommunications in advance, the said agreement shall be regarded as approval as mentioned in the same paragraph.

(7)

When the paid broadcasting is multiplex broadcasting, the paid broadcaster shall set forth agreement clauses covering the service charges of said paid broadcasting and other terms of service for domestic receivers, and must report to the Minister of Posts and Telecommunications before said agreement clauses go into effect. The same shall apply to changing the said agreement clauses.

(8)

The paid broadcaster shall not provide paid broadcasting service for domestic receivers under conditions other than those service charges to which approval has been granted under paragraph (1), or which have been reported in accordance with paragraph (3); or those agreement clauses to which approval has been granted under paragraph (4), or which have been reported in accordance with the stipulations described in the preceding paragraph (hereinafter they are referred to as ''approved agreement clauses, etc.'' in this chapter).

(9)

The paid broadcaster shall post a copy of approval agreement clauses etc. in the broadcaster's domestic sales offices or other domestic business offices in such a way as to enable the public to read said agreement clauses easily.

Article 52-5.

Any person shall not, unless having concluded an agreement with a paid broadcaster for receiving the paid broadcasting services from the latter on the basis of approval agreement clauses etc., receive said paid broadcasting with the use of receiving equipment for said paid broadcasting in Japan.

Article 52-6.

The paid broadcaster shall not, unless for a justifiable reason, refuse to provide the broadcaster's paid broadcasting services to any person who wishes to receive said paid broadcasting with the use of receiving equipment in Japan.

Article 52-7.
(1)

The Minister of Posts and Telecommunications may, if the charges for a paid broadcasting service which have received approval under Article 52-4 paragraph (1), or the terms of services described in the agreement clauses to which approval has been granted under the same Article paragraph (4) have admittedly been rendered extremely inappropriate due to the fluctuation of social and economic circumstances and detrimental to the domestic receivers' interest, order the paid broadcaster to apply for the approval of modifications of the said charges or agreement clauses.

(2)

The Minister of Posts and Telecommunications may order the paid broadcaster to revise the relevant charges or agreement clauses, if the charges for a paid broadcasting service which have been reported in accordance with Article 52-4 paragraph (3), or the terms of services described in the agreement clauses which has been reported in accordance with the same Article paragraph (7) are admittedly detrimental to domestic receivers' interest.

(Treatment of Shares Owned by Foreigners, etc.)
Article 52-8.
(1)

A private broadcaster which is the company issuing those shares listed in the Stock Exchange or those shares regarded, in the applicable ordinance of the Ministry of Posts and Telecommunications, equivalent to those listed may, in the case where requested by those persons mentioned in Article 5 paragraph (1) items i) to iii) inclusive of the Radio Law (hereinafter referred to as ''foreigners, etc.'') to enter their names and dwellings in the shareholders list, refuse entering thereof, if meeting the request causes the situation which comes under the provisions of Article 5 paragraph (4) item ii) (or Article 5 paragraph (1) item iv) in the case of a facility-supplying broadcaster) of that Law.

(2)

The private broadcasters mentioned in the preceding paragraph shall, in accordance with the provisions of the ordinance of the Ministry of Posts and Telecommunications, make public the ratio the foreigners, etc. occupy in the right of voting. However, this shall not apply to such cases as the ratio falling short of that provided for in the applicable ordinance of the Ministry of Posts and Telecommunications.