by Noriko Takezaki

Generally, local laws (those of the nation where you are resident, or where your website server is located) apply. as an Internet user in Japan, whether corporate or individual, your online actions are subject to relevant provisions of the Civil Law act, Copyright act, Criminal Law act, Criminal Procedures act, and other Japanese legislation. But where can you find information about your rights and responsibilities to make sure that you stay legal?

Intanetto Horitsu Sodan (Internet-related Legal Consulting), from ASCII Publications, introduces the legal aspects of Internet use from a Japanese perspective. Unfortunately, the book is available only in Japanese, but if your company has a website in Japan, you could avoid some future headaches or uncertainties by asking your Japanese web staff to read through a copy.

Intanetto Horitsu Sodan, prepared by the Dai-ichi Tokyo Bar association's Sogo Horitsu Kenkyusho (Research Institute for Legal Issues), covers a variety of issues related to website use, Internet-based electronic commerce, and operating businesses on the Net. The book consists of 10 chapters that present 59 FaQs (frequently asked questions) about using the Internet within Japan. Each FaQ has a succinct (one paragraph) answer accompanied by a multi-page, detailed explanation.

Among the questions and answers introduced in the book are the following.

Q. If I post pornographic photographs on my website, what kind of charge could I face? How about if I simply post a link to another website that has pornographic material on it?

A. You could be charged with kozen chinretsu zai (public display of obscene material) if you allow a pornographic image to be placed on your website. If you post a link [to a pornographic site], you may be indicted for having "aided and abetted" the public exhibition of indecent materials.

Q. If I gamble on a casino website that is set up on a server located in a Caribbean country, can I be arrested on a charge of gambling?

A.Yes, even if you gamble on a site outside of Japan, you may be charged with tobaku zai (illegal gambling) since you yourself are in Japan.

Q. If I want to download copyrighted material from the Web, do I need permission from the person who holds the copyright of the contents?

A.Yes. If you make a copy of the copyrighted website contents, in principle you are required to have permission from the person who holds the copyright.

Q. I bought a PC from an american cybershop, but it turns out that I can't use it because it does not support some Japan-specific peripherals. I contacted the seller with a request to return the PC and get my money back, but they refused. Can I sue the vendor under the laws of Japan?

A.Yes, you can file a lawsuit in Japan, but it is unlikely that a court judgment in Japan can be enforced upon a vendor located abroad. In most cases, the laws of the country where the buyer-seller purchase agreement was "signed" (normally, the country in which the cybershop's server is located) will apply.

Q. We've found that a foreign website contains information that discredits our company. We are thinking about going to court in Japan to claim damages. Can the Civil Law act in Japan be applied [to a foreign website]?

A.The laws of the country in which the website information was uploaded take precedence; only then can the laws of Japan be applied. In the case [of the Japanese Civil Law act], even if you are successful, the amount of compensation for damage will be limited to the range the Japanese law stipulates.

The cyberspace environment is changing day by day, so the answers in this book may not be applicable to every case. The authors of the book recommend, therefore, that you consult with a lawyer if you have a particular concern.

Still, this book contains some very useful information, and offers tips on legal issues that can be of value even to sophisticated Net users.

Back to the table of contents