Cyberharassment, violations of privacy, cybercrime, actual violence

The Anti-Stalking Act

Article 1（Purpose)

The purpose of this Act is to prevent harm against a body and the freedom and reputation of an individual, in addition, to contribute to the safety and tranquility of citizens’ lives by imposing necessary restriction including provisions for punishment against stalking and defining measures of aid for victims.

Article 2（Definitions）

1. The term “Following, etc.” as used in this Act means taking any of the matters listed below against a person, his/her spouse, lineal blood relatives or relatives living together or any person who has a close relationship in social life with him/her for the purpose of satisfying one’s affection, including romantic feelings, toward any person or fulfilling a grudge when the said affection is unrequited.

(5) Making silent calls, or calling, transmitting using a fax machine or sending text messages through any text messaging service persistently despite his/her rejections.

2．"Sending text messages through any text messaging service" stipulated in (5) shall take any form of the following actions.

a. Making transmissions via telecommunications used to transmit information after specifying the victim as a recipient of the transmission, be it a text message, or any other kind of transmission.

b. In addition to what is stipulated in "a", ancillary to allowing a third party to view the information entered by the specific individual using telecommunications, using the relevant functions that provide the means to transmit information to the relevant individual by a third party.

3．The term “Stalking” as used in this Act shall mean repeating the Following, etc. (Matters listed in items (1) to (4) and (5) (limited to sending text messages through any text messaging service) shall only apply to actions taken in such a way as to cause feelings of anxiety or fear for his/her physical safety, tranquility of the Domicile, etc. or reputation would be harmed, or freedom of action would be significantly curtailed.)

Intimidation: Penal Code Article 222(1)

A person who intimidates another through a threat to another's life, body, freedom, reputation or property shall be punished by imprisonment for not more than 2 years or a fine of not more than 300,000 yen.

Compulsion: Penal Code

Article 223(1)

A person who, by intimidating another through a threat to another's life, body, freedom, reputation or property or by use of assault, causes the other to perform an act which the other person has no obligation to perform, or hinders the other from exercising his or her rights, shall be punished by imprisonment for not more than 3 years.

Defamation: Penal Code

Article 230(1)

A person who defames another by alleging facts in public shall, regardless of whether such facts are true or false, be punished by imprisonment with or without work for not more than 3 years or a fine of not more than 500,000 yen.

Insults: Penal Code Article 231

A person who insults another in public, even if it does not allege facts, shall be punished by misdemeanor imprisonment without work or a petty fine.

Obstruction of Business: Penal Code Article 233

A person who damages the credit or obstructs the business of another by spreading false rumors or by the use of fraudulent means shall be punished by imprisonment for not more than 3 years or a fine of not more than 500,000 yen.

Forcible Obstruction of Business: Penal Code Article 234

A person who obstructs the business of another by force shall be dealt with in the same manner as prescribed under the preceding Article.

Display of Obscene Recording Media Containing Electromagnetic Records: Penal Code Article 175 (1)

A person who distributes or displays in public an obscene document, drawing, recording media containing such electromagnetic records or other objects shall be punished by imprisonment for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine, or both imprisonment and a fine. The same shall apply to anyone who distributes an obscene electromagnetic record or any other record by transmission of telecommunication.

Act on Prevention of Damage Caused by Provision of Private Sexual Image Records Article 3(1)

A person who provides unspecified persons or a number of persons with private sexual image records through telecommunication lines in such a way that third parties can specify the individual in that image shall be punished by imprisonment for not more than 3 years or a fine of not more than 500,000 yen