Article 3 sets forth a safe harbor for telecommunications service providers in the following circumstances: (i) When any right of others is infringed by information distribution via specified telecommunications, the specified telecommunications service provider who uses specified telecommunications facilities for said specified telecommunications (hereinafter in this paragraph referred to as a "relevant service provider") shall not be liable for any loss incurred from such infringement, unless where it is technically possible to take measures for preventing such information from being transmitted to unspecified persons and such event of infringement falls under any of the following items. However, where said relevant service provider is the sender of said information infringing rights, this shall not apply. (ii) In...
Tokyo High Court Decision (reversing Tokyo District Court, May 27, 1997)
(1) The issue of whether a party which merely administers or maintains a website or other online forums in which users or attendees committed illegal activities may be held liable for the illegal activities, was first discussed in Japan in the NiftyServe case. In this case, a user of an online Broadcasting Board Service brought a lawsuit against another user who posted a libelous statement on the Broadcasting Board System. The user also sued the administrator of the Broadcasting Board Service and the service provider company of the System, NiftyServe. (2) The District Court found that the user’s posting of a libelous statement constitutes a tort and the user is liable to damages caused by such a statement. The District Court also stated that the administrator was also liable for damages because it did not take...