{"id":88874,"date":"2024-10-08T13:33:48","date_gmt":"2024-10-08T13:33:48","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=88874"},"modified":"2025-08-20T08:40:53","modified_gmt":"2025-08-20T08:40:53","slug":"japan-advertising-marketing","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/japan-advertising-marketing\/","title":{"rendered":"Japan: Advertising &amp; Marketing"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-88874","comparative_guide","type-comparative_guide","status-publish","hentry","guides-advertising-marketing","jurisdictions-japan"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Ikeda &amp; Someya<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2023\/09\/Ikeda.png\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Ikeda &amp; Someya<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2023\/09\/Ikeda.png\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Advertising &amp; Marketing laws and regulations applicable in Japan<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please provide a brief overview of the legal and regulatory framework governing advertising and marketing in your market. In particular, please explain if there is a self-regulatory system, a statutory system and\/or ability for competitors or consumers to bring claims against advertisers.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Act against Unjustifiable Premiums and Misleading Representations (the \u201cAUPMR\u201d) serves as the primary legislation governing advertising in a broad sense. It oversees the prevention of misleading information about the sale of goods or services, irrespective of the industry involved. It is important to clarify that the AUPMR does not mandate the labelling of particular substances or prohibit specific representations that could lead to misunderstandings.<\/p>\n<p>Conversely, various other laws and regulations target specific sectors and their labelling practices. These laws either restrict exaggerated claims in particular fields or dictate the mandatory or prohibited labelling of certain items based on their respective legal objectives. Some notable laws in this regard include the Food Labeling Act, Food Sanitation Act, Health Promotion Act, Pharmaceuticals and Medical Devices Act (the \u201cPMD Act\u201d), Unfair Competition Prevention Act (the \u201cUCPA\u201d), Act of Specified Commercial Transactions (the \u201cASCT\u201d), and Household Goods Quality Labeling Act.<\/p>\n<p>Besides, the advertising industry in Japan, through organizations like the Japan Advertising Review Organization (JARO), has established self-regulatory guidelines and codes of conduct.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please comment on how active the regulators are in your market, in practice, when it comes to regulating advertising and marketing.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Secretary General of the Consumer Affairs Agency (the \u201cCAA\u201d) and the governor of each prefecture have the authority to enforce the AUPMR. As a result of an investigation implemented by the authority, if an advertisement is recognized to be misleading, the authority can order the advertiser to cease the advertisement and to take appropriate measures to prevent a reoccurrence, disclosing the name of the advertiser. In addition, when an advertiser misrepresents the quality and\/or the value of its products or services, the authority issues the advertiser a \u201cPayment Order for Surcharge\u201d to pay three percent of the sales value of the targeted products or services if their sales during the period of misrepresentation is more than 50 million yen.<\/p>\n<p>Any person who violates the above-mentioned order for action is subject to punishment by imprisonment for not more than two years or by a fine of not more than three million yen.<\/p>\n<p>The authority is active in ordering cease-and-desist orders, with approximately 40 cases having such orders issued each year.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do different rules apply to different media (e.g. television broadcast, streaming, online, cinema, print, out-of-home, email marketing, etc)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no specific different rule.<\/p>\n<p>However, TV broadcasters examine the contents and expressions of advertisements of their own accord and prohibit in some cases their broadcasting if it regards them as inappropriate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it necessary to have advertisements pre-cleared\/pre-approved in your market by a relevant authority, regulator or other body before they are published\/broadcast, either generally or in relation to particular media, sectors, products, individuals\/businesses, etc? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, each advertiser has the discretion to decide the contents of an advertisement. Therefore, it is not necessary to have preclearance\/preapproval. However, in light of the social impact of advertising, some media, including TV broadcasters as noted in Q3, establish self-regulations and most advertisers review their contents voluntarily before publishing\/broadcasting, if the contents do not follow the media\u2019s rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Focusing on misleading claims\/marketing, please explain how these are regulated in your market.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The AUPMR prohibits misleading claims\/marketing that are classified into three categories as stipulated in Article 5, Items 1 through 3 of the Law.<\/p>\n<p>The first is misleading representations regarding the quality, standard, or other content of goods or services, i.e., misrepresentations of superior quality. The second is misleading representations regarding the price or other terms and conditions of the goods or services, which are misleading representations advantageous to the advertiser; the third is representations designated by the Prime Minister in a public notice as representations that are likely to mislead general consumers regarding matters related to the transactions of goods or services, which include bait-and-switch advertisements and stealth marketing.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is advertising that is (or may be) harmful or offensive managed in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Japan, harmful and offensive advertising is primarily regulated through a combination of legal frameworks, industry self-regulation, and public standards.<\/p>\n<p>Legal frameworks: Japan has laws and regulations in place that govern advertising practices, and some of these regulations are designed to prevent harmful or offensive advertising. For example, the AUPMR prohibits false or misleading representations in advertising, and the UCPA addresses deceptive advertising practices.<\/p>\n<p>Industry Self-Regulation: The advertising industry in Japan, through organizations like the Japan Advertising Review Organization (JARO), has established self-regulatory guidelines and codes of conduct. These guidelines provide standards for ethical advertising practices and seek to prevent offensive or misleading advertising.<\/p>\n<p>Specific Content Restrictions: Certain types of advertising content, such as that which promotes tobacco, alcohol, and prescription drugs, are subject to specific regulations regarding how they can be advertised. These regulations aim to ensure that advertising for such products does not glamorize or promote harm.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special rules, or is there special guidance, relating to price claims in your market, such as discounts, sales, limited offers? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Article 5 of the AUPMR regulates that \u201cn[N]o business operator shall make a representation as provided for in any one of the following items in connection with the transaction of goods or services which the \u00a0business operator supplies; \u2026; Any representation by which price or any other trade terms of goods or services could be misunderstood by general consumers to be significantly more advantageous than the actual goods or services, or than those of other \u00a0business operators who supply the same kind of or similar goods or services as those supplied by the relevant \u00a0business operator, thereby being likely to induce customers unjustly and to interfere with general consumers&#8217; voluntary and rational choice-making.\u201d<\/p>\n<p>A price claim, particularly, that \u201ccould be misunderstood by general consumers to be significantly more advantageous than the actual goods or services\u201d refers to giving consumers the impression that the selling price is lower than it actually is. In addition, whether the representation is misleading as \u201csignificantly more advantageous\u201d is determined by whether the representation exceeds the generally accepted degree of exaggeration and is likely to influence the consumers\u2019 choice of goods or services.<\/p>\n<p>The following price claims may fall under the category of misrepresentation that violates the AUPMR:<\/p>\n<p>(1) When a price that is lower than the actual selling price is represented;<\/p>\n<p>(2) When the selling price is represented to give the impression of being lower than past selling prices or the selling prices of competing businesses, but is not actually lower due to the following reasons:<\/p>\n<p>(a) when the selling price used for comparison is different from the actual price,<\/p>\n<p>(b) when the selling price of goods or services with different contents or applicable conditions is used for comparison,<\/p>\n<p>(3) Other cases where the sales price is represented to give the impression that the selling price is low, but the selling price is not actually low.<\/p>\n<p>Therefore, when representing sales prices, it is necessary to accurately present (i) the selling price, (ii) the range of goods to which such price applies, and (iii) the conditions of customers to whom such price applies. If the represented price is different from the actual price or is ambiguous, general consumers may be misled into believing that the selling price is low, which may constitute a misrepresentation that violates the AUPMR.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are misleading environmental claims regulated in your market? Are there special rules or is there special guidance relating to environmental claims in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Ministry of Environment publishes the Guideline on Green Claims. However, it is not legally binding. Therefore, the Consumer Affairs Agency enforces in general the AUPMR when the Agency finds any \u201cgreen\u201d advertising claim to be a misleading representation. The Agency issued a cease-and-desist order regarding \u201cgreen\u201d claims that were found to be misleading in December, 2022, for the first time since its establishment in 2009.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main sectors or product types where advertisements are either prohibited or tightly restricted (e.g. alcohol, tobacco\/smoking, gambling, crypto, unhealthy food and drink). Please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>a. Alcohol<\/p>\n<p>The Food Labelling Act is applied, and it requires advertisers to display some facts, such as information about the manufacturer, quantity, category, best-before date or expiration date, and so on.<\/p>\n<p>In addition, the Act Concerning Liquor Business Associations and Measures for Securing Revenue from Liquor Tax similarly requires advertisers to display some specific piece of information, such as regarding the manufacturer, quantity, category, the percentage of alcohol included, ingredients, etc. In addition, it requires advertisers to display some messages such as that it is prohibited for minors to drink alcohol, etc.<\/p>\n<p>Other than legislation, there is a voluntary rule. It is broader than the legislation from the viewpoint of the facts which are required to be displayed in relation to the intoxicating nature of the beverages. It requires advertisers to write a message about the prohibition of drinking by persons under 20 years of age, the abstention of drinking alcohol by expectant and nursing mothers or drivers and the encouragement of drinking in moderation.<\/p>\n<p>b. Tobacco and related products, such as vapes and nicotine pouches<\/p>\n<p>The Guidelines for Advertising Tobacco Products, regulated under the Tobacco Business Act, calls on advertisers to be mindful so as to prevent minors from smoking, to provide information on the connection between smoking and health and so on. In particular, it asks advertisers not to advertise tobacco products in public places other than places in which cigarettes are sold and smoking areas.<\/p>\n<p>As a voluntary regulation, the Tobacco Institute of Japan prohibits advertisements on TV broadcasting and in public spaces. Regarding internet advertisements, it allows advertisers to display them solely in the case that the viewer is verified to be an adult.<\/p>\n<p>c. Medicines, medical devices and surgical or medical procedures<\/p>\n<p>Regarding medicines and medical devices, the Act on Securing Quality, Efficacy and Safety of Products Including Pharmaceuticals and Medical Devices (\u2018PMD Act\u2019) regulates some kinds of advertising.<\/p>\n<p>The PMD Act prohibits anyone from making:<\/p>\n<ul>\n<li>exaggerated or false advertisements<\/li>\n<li>advertisements that mislead to give a false impression that a physician or other person has certified the efficacy, effects or performance of a therapeutic good or service<\/li>\n<li>advertisements of pharmaceuticals, medical devices and regenerative medicinal products before their approval<\/li>\n<\/ul>\n<p>Under the PMD Act, the Ministry of Health, Labour and Welfare (&#8216;MHLW\u2019) may specify necessary measures for maintaining the appropriate use of such pharmaceuticals or regenerative medicinal products and restrict the means of advertising.<\/p>\n<p>There is also a standard for the appropriate advertisement of medicine, etc. by the MHLW.<\/p>\n<p>Regarding medical procedures, the Medical Care Act regulates advertising.<\/p>\n<p>It prohibits anyone from making:<\/p>\n<ul>\n<li>an advertisement to the effect that the hospital or clinic is superior to other hospitals or clinics<\/li>\n<li>an exaggerated advertisement<\/li>\n<li>an advertisement that undermines public order or corrupts good morals<\/li>\n<\/ul>\n<p>Except when certain requirements are met, it limits the items that can be placed in an advertisement to items such as the clinical department name, the days and hours of practice, etc.<\/p>\n<p>d. Gaming and gambling services<\/p>\n<p>There is no specific rule for gaming. Accordingly, advertisements need to follow self-regulation within the industry and platform.<\/p>\n<p>Regarding gambling, firstly, the Criminal Law punishes crimes related to gambling.\u00a0 However, any conduct pursuant to legislation is not assessed as a crime related to gambling.<\/p>\n<p>For instance, the Act on Control and Improvement of Amusement Businesses stipulates that a person running an amusement business must not advertise or promote the business in such a manner as to damage the wholesome social environment in the vicinity of the business office.<\/p>\n<p>As to casinos, in particular, displaying advertisements in any area other than the specified integrated resort districts, excluding areas such as a facility that is mainly provided for the boarding and alighting of foreign visitors, is prohibited under Item 1, Paragraph 2 of Article 106 of the Act on Development of Specified Integrated Resort Districts. According to the above-mentioned Act, no person may solicit a person under twenty years of age to the casino business or casino facilities.<\/p>\n<p>e. Adult and sex-related services<\/p>\n<p>The Act on Control and Improvement of Amusement Business regulates the advertisement regarding adult and sex-related services.\u00a0 It prohibits advertisement from the viewpoint of the area and the way of advertising. In addition, depending on the kind of business, it requires the business operator to indicate that no person under the age of 18 may enter the place of business.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there special protections for children? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Japan, there is currently no specific legislation or regulation concerning advertising and marketing targeted at children. The considerations regarding advertising aimed at children are primarily addressed through industry self-regulation, such as the &#8220;Guidelines for Commercials Targeted at Children&#8221; provided by the Japan Commercial Broadcasters Association (JBA), as well as voluntary codes of conduct established within various sectors of the industry.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to unhealthy food and drink, such as \u2018junk food\u2019? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no special rules on advertisements regarding unhealthy food and drink.<\/p>\n<p>Regarding nutritional facts, the Food Labeling Act establishes standards and specifies other necessary information regarding the labeling of food. Under the Act, the Prime Minister established the Food Labeling.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules or restrictions relating to influencer marketing? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the AUPMR, a new regulation on stealth marketing was introduced in October 2023. It prohibits a representation made by an business operator in connection with the transaction of goods or services that the business operator supplies, which is recognized to be difficult for general consumers to distinguish as such.<\/p>\n<p>Therefore, in cases where an influencer\u2019s advertisement is found to have made by an business operator, the advertisement must clearly indicate that it is made by an business operator by using words such as &#8220;advertisement,&#8221; &#8220;publicity,&#8221; &#8220;promotion,&#8221; or &#8220;PR&#8221;, etc.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do influencers require a licence, permit or other official permission before they can operate in your market as advertisers\/marketers\/brand ambassadors or similar?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Influencers are not required to hold any license, permit, or other official permission on the basis of which they make an advertisement as an influencer. It should be noted that, depending on the contents of the advertising, a title as an influencer, etc., certain requirements may need to be met in accordance with the law and self-regulation.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main or most common IP considerations advertisers should keep in mind in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>While the AUPMR is enforced by the government (typically the CAA), the UCPA and IP laws such as the Trademark Law and the Copyright Law are regulated as civil law.\u00a0 Violations of the UCPA and IP laws can also be subject to criminal penalties.<\/p>\n<p>One of the main IP considerations is that a catch copy or advertising expressions may infringe on another business operator\u2019s trademark rights. In addition, it is necessary to check for infringement of copyrights when citing the contents of other people.<\/p>\n<p>Trademark infringement in comparative advertising is also likely to be problematic. Under trademark law, in principle, the rights holder can exclusively use the name of a registered trademark. However, if the comparative advertisement represents \u201ca trademark which is not used in the mode that consumers may recognize the goods or services as those pertaining to the business of a particular person\u201d (Article 26(1)(vi) of the Trademark Law), the use of the product name of a competing product or service in the advertisement does not constitute trademark infringement in principle. Therefore, it is necessary to determine specifically whether it infringes on the registered trademark&#8217;s function of indicating the source of the goods or services.<\/p>\n<p>Meanwhile, the UCPA is considered as part of IP laws as well, as it was originally enacted as an implementation of the Paris Convention covering patents, trademarks and other industrial property rights. The UCPA complements IP laws in certain points of view. That is to say, while other IP laws seek to protect intellectual property by granting rights to the subject (creation of rights), the UCPA seeks to protect intellectual property by regulating acts that fall under the category of &#8220;unfair competition&#8221; (regulation of acts). In case of an absence of trademark registration, especially, the UCPA may contribute to examining IP laws.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is comparative advertising permitted in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Comparative advertising is not prohibited if it is appropriate. The Comparative Advertising Guidelines outline the principles and requirements for proper comparative advertising, as well as other important considerations.<\/p>\n<p>According to the Comparative Advertising Guidelines, comparisons may be used if (i) the claims made in the comparative advertising are objectively substantiated, (ii) the substantiated figures and facts are accurately and appropriately cited, and (iii) the method of comparison is fair. It should be noted that pointing out the shortcomings of a competitor&#8217;s product notably to lower its reputation may constitute slander and be illegal under the AUPMR.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules relating to \u2018image rights\u2019 in your market that advertisers should be aware of?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Supreme Court rules that an individual has the right derived from personal rights not to be photographed or to have his\/her image published without reason, since one\u2019s image is a symbol of the individual&#8217;s personality (as in the case of the Student Union of Kyoto Prefecture). Practically, the right of publicity recognized by the Supreme Court as one of the exclusive rights to use a person&#8217;s image to attract customers to promote sales of products and services, can be mainlly problematic.<\/p>\n<p>In addition, copyright causes problems in some cases. Theoretically, the permission of a copyright holder is required under Article 63(1) of the Copyright Act when using a copyrighted work such as photographs, illustrations, or other images.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there rules relating to perpetuating potentially harmful stereotypes, such as gender stereotypes, racial stereotypes, religious stereotypes, and so on in your market? If so, please provide a high-level overview.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Advertisements with violent or stereotypical gender-related content, to a certain degree, may violate self-regulations on advertising as unethical or degrading.<\/p>\n<p>Self-regulation of advertising includes those by industry associations. For example, the Japan Advertising Agencies Association (JAAA), an association of advertising companies, conducts business related to appropriate development of the advertising industry and the improvement of advertising activities. Every self-imposed regulation for advertising calls for truthful and non-degrading advertising.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What has been the main impact AI has had on the advertising and marketing content and regulation in your market so far, and what impact is it likely to have in the coming year or two?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>It appears that advertisers are gradually trying to utilize AI for text and image generation and advertising management.\u00a0 Therefore, AI may become impactful in the coming year or two, though it is not yet clear.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are regulators in your market currently utilising AI or new technologies in their regulatory activities in your market?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Discussions are ongoing including whether to regulate the utilization of AI. \u00a0In areas that may be relevant to advertising, there has been much discussion, especially in terms of copyright and personal information protection.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main hot topics, challenges and opportunities facing advertisers in your market (now or in the near future) from a legal\/regulatory point of view? Also, there any significant updates or changes to the law, rules, sanctions, regulators or anything else due in your market in the near future that readers should keep in mind?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The main hot topics now are advertising expressions that appeal to being \u201cnumber 1\u201d from the viewpoint of misrepresentations of superior quality, and the regulation against stealth marketing under the AUPMR. Over 10 cease-and-desist orders have been issued in the past few years against the illegal appeal of \u201cnumber 1\u201d, and after the enforcement of stealth-marketing regulation in October 2023, a few cease-and- desist orders have been already issued.<\/p>\n<p>As a significant update in the near future, a revision of the AUPMR comes into effect in October 2024.\u00a0 This revision includes the introduction of a commitment procedure and the strengthening of penalties.\u00a0 Therefore, advertisers will need to pay more attention not to violate the AUPMR.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3535<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/88874","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=88874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}