# Section 3 Establishment of a Safe and Secure Ubiquitous Network Society

### 1. Consumer administration in relation to telecommunications services

### (1) Illegal and harmful information on the Internet A. Dealing with illegal/harmful materials on the Internet

The Internet has penetrated Japan at a remarkable pace and has been used as a form of social infrastructure, serving as an indispensable part of people’s lives. At the same time, the rapid penetration of the Internet has also generated negative effects, such as the transmission of illegal and harmful information. The Ministry of Internal Affairs and Communications (MIC) established the Study Group to Address Illegal and Harmful Information on the Internet in November 2007 to examine comprehensive actions to deal with illegal and harmful information, including further promotion of installation of filtering software to protect children and released a final report in January 2009.

### B. Establishment of the Law Concerning Environment for Children to Safely Use the Internet

At the 169 $ ^{th} $ Diet session, the Law Concerning Environment for Children to Safely Use the Internet (hereinafter referred to as the Law on Internet Environment for Children) was initiated by lawmakers and enforced in April 1, 2009. The law focuses on measures to protect minors (those under 18 years of age) from harmful information and explicitly provides for the direction of future efforts with respect to a vision of the environment for Internet utilization.

### C. Promotion of filtering

Today, we are seeing a number of cases where young people access harmful Internet sites, such as so-called online dating sites and get involved in crime, which is becoming a social problem. With the development of the Law on the Internet Environment for Children in June 2008, the following measures have been taken since April 1, 2009: Mobile phone business operators shall in principle be obliged to set up filtering functions before selling minors (those under the age of 18) mobile phones that can be used to access the Internet; providers shall be obliged to provide filtering functions when requested by users; and manufacturers of equipment that can be used to access the Internet, such as personal computers, shall be obliged to take measures to facilitate the use of filtering functions before selling the equipment. Also, guardians and parents shall be responsible for the appropriate supervision of Internet use by minors under their protection.

### D. Formulation of a program to promote the creation of a safe network

In response to the establishment of the Law on Internet Environment for Children and the revised Law on Regulation of Transmission of Specified Electronic Mail at the 169th Diet session, the MIC formulated a program to promote the creation of a safe network and protect the ministry against illegal/harmful information in January 2009. This program is a comprehensive policy package with the three pillars: (1) development of basic framework that provides a sense of safety, (2) promotion of voluntary efforts by the private sector and (3) promotion of efforts to educate users.

### E. Formulation/revision of the guidelines related to the Provider Liability Limitation Law

The Provider Liability Limitation Law was enforced in May 2002 as a measure against increasing cases of information violation of the rights of others on a website or BBS, etc. This law provides (1) limitation/clarification of damage liability of providers in cases where the rights of others are violated and (2) the rights of a person whose rights have been violated to demand the provider to disclose the information source. So as to ensure the stringent enforcement of the law, the MIC supports and provides information about the Council for the Guidelines for the Provider Liability Limitation Law, which comprises business associations and right holders' associations.

### F. Support for voluntary response of providers to illegal/harmful information on the Internet

The MIC, together with four organizations associated with the Telecommunications Carriers Association, examined the measures for promoting appropriate and prompt responses of providers to illegal information and information that may offend public order and morals on the Internet, and formulated Guidelines concerning Responses to Illegal Information on the Internet and the Model Conditions of Contract concerning the Responses to Illegal/Harmful Information in November 2006. In response to newly emerging problems such as “dark