Following deliberations by the Ministry of Internal Affairs and Communications’ Study Group on Platforms, of which I was also a member, the amended “Provider Liability Limitation Act”1, now renamed the “Information Distribution Platform Act”2, was submitted to the Diet on March. Before the 4th anniversary of Hana Kimura’s death (May 23), it was enacted by the Diet on May 10. The title of the law was changed because “its content now extends beyond such matters as disclosure of sender information for posts, which had been its scope until now”3.
The bill and other related materials are listed below4.
| March 1, Reiwa 6 | Bill to Partially Amend the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Sender Information | Overview [325 KB] Outline [97 KB] Bill and Reasons [160 KB] Comparison of Old and New Provisions [254 KB] Referenced Provisions [310 KB] (Responsible Division) Telecommunications Consumer Policy Division, Telecommunications Business Department, Telecommunications Bureau |
Prompted by the recent increase in harm caused by the circulation of rights-infringing information on social media and elsewhere, this amendment is intended to strengthen the responsibilities of platform operators and protect victims. Large-scale platform operators are now subject to obligations such as removal, with penalties imposed for violations.
The principal amendments are as follows:
- The formal and commonly used titles of the law were changed. Its new formal title is given above, and its common title is the “Act on Measures for Information Distribution Platforms” (Information Distribution Platform Act).
- A new Chapter 5, “Obligations of Large-Scale Specified Telecommunications Service Providers,” was established. It imposes duties on platform operators above a certain scale, including measures to prevent the circulation of rights-infringing information.
- A new Chapter 6, “Penalties,” was established, providing penalties for violations of these obligations.
- The number of articles doubled from the previous 19 to 38.
About the Ministry of Internal Affairs and Communications’ Study Group on Platforms
The Ministry of Internal Affairs and Communications’ Study Group on Platforms began in Heisei 30 (2018) on October 18 and met over nearly 6 years for a total of 52 meetings. In Reiwa 2 on February, it issued its final report and was expected to conclude. Following the online abuse and suicide of Hana Kimura, however, it was urgently reconvened and continued examining the issue from many perspectives, including freedom of expression. The course of those deliberations can be seen in the meeting summaries on the Study Group on Platforms overview page and in documents such as the following.
- Call for Comments on How to Address Online Defamation and Abuse (July 3, Reiwa 2)
- Publication of Emergency Recommendations on How to Address Online Defamation and Abuse and the Results of the Call for Comments
- Press Release on the Call for Comments on the Draft Interim Report (July 16, Reiwa 3)
- Press Release on the Results of the Call for Comments on the Draft Interim Report and Publication of the Interim Report (September 15, Reiwa 3)
- Press Release on the Call for Comments on the Draft Second Report (July 4, Reiwa 4)
- Press Release on the Results of the Call for Comments on the Draft Second Report and Publication of the Second Report (August 25, Reiwa 4)
- Press Release on the Call for Comments on the Draft Third Report (December 13, Reiwa 5)
- Press Release on the Results of the Call for Comments on the Draft Third Report and Publication of the Third Report (February 2, Reiwa 6)
This year, the study group held its final meeting, the 52th (January 31, Reiwa 6), published its Third Report, and concluded its work. The current legislative amendment is based on that Third Report.
Throughout this process, I am truly grateful to the Ministry of Internal Affairs and Communications and the secretariat for bringing difficult discussions together and carrying them through to legislative amendment. I am also very pleased that I was able to make even a modest contribution to this matter.
Footnotes
- “Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Sender Information”
- “Act on Measures to Address Infringements of Rights and Other Harms Arising from the Distribution of Information through Specified Telecommunications” (commonly called the “Act on Measures for Information Distribution Platforms,” or the Information Distribution Platform Act)
- from the Liberal Democratic Party website
- (reproduced from the Ministry of Internal Affairs and Communications website because the links will probably disappear)
Related posts
Summary of the 11th Meeting of the Personal Data Study Group
The 11th meeting of the Personal Data Study Group was held. This was a pivotal meeting at which the draft outline was presented. Agenda for the…
Outline of the Proposed Amendments to the Act on the Protection of Personal Information—From the Masao Horibe Information Law Research Society Symposium
Although this may still change, Councillor Sawaki of the Personal Information Protection Commission explained the current state of deliberations on the outline of proposed amendments to…