Guest post: Japan’s Updated Anti-spam Bill (2 of 3)

As promised yesterday here is part two of three with our guest writer Matt Hill, see part 1 here.

Penalties For Violations under Japan’s updated Anti-spam Law.

1. The Minister of MIC (Ministry of Internal Affairs and Communications) can order the Sender to take measures to bring itself into compliance.

a. The Sender may also be subject to a fine of up to ¥1,000,000 or imprisonment for up to a year if it violates such an order.

2. A Sender may also be subject to these penalties if commercial email using false Sender information is sent in violation of Article 5.

3. The Minister of MIC may also require Senders to submit reports regarding the Sender’s transmission of commercial email, and may inspect the Sender’s premises, books and other documents.

a. A Sender may be subject to a penalty of up to ¥1,000,000 if they refuse to submit such reports or to cooperate with an inspection.

4. In addition, under the New Anti-Spam Law, Senders may face additional penalties if their agents violate the provisions of the law.

a. A Sender whose agent violates an administrative order from MIC to comply with the law is subject to a fine of up to ¥30,000,000.

b. If a Sender’s agent refuses to cooperate with a MIC investigation, the Sender is subject to a fine of up to ¥1,000,000.

5. The New Anti-Spam Law authorizes MIC to share information with foreign governments.

a. Accordingly, any non-Japanese Senders may face scrutiny from their home regulators in regard to commercial email they send to Japan.

Stay tuned for the conclusion tomorrow where Matt discusses “What this means to Senders”.

Author: Guest Author

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