In brief: media law and regulation in Japan

Media

Summarise the regulatory framework for the media sector in your jurisdiction.

The main laws that regulate the Japanese media industry are the Broadcasting Act, the Telecommunications Business Act, the Radio Act and the Wired Telecommunications Act. The regulatory agency for the media industry is the Ministry of Internal Affairs and Communications (MIC).

The Broadcasting Act, which is central to the broadcasting field regulations, stipulates editing standards for broadcast programmes, the establishment and operation of NHK (Japan’s public broadcaster), certification and registration of broadcasters and restrictions on foreign ownership, among other things. In Japan, broadcasting and communication are distinguished and different regulations are applied. Broadcasting in Japan includes terrestrial television broadcasting, satellite television broadcasting (broadcast satellite and communications satellite), wired television broadcasting, wireless and wired radio broadcasting and internet protocol multicast broadcasting, all of which are subject to the Broadcasting Act. However, general internet programme distribution, which is typically on-demand streaming, is not subject to the Broadcasting Act and may be subject to information and communication regulations such as the Telecommunications Business Act, depending on the circumstances. In the field of communications, the secrecy of communications is guaranteed, but in the field of broadcasting, diversity of programmes and political neutrality are required due to their public nature.

The Broadcasting Act used to require local basic terrestrial broadcasters to broadcast original content for each region (namely, for each prefecture) to maintain the locality of the region, and this has been criticised for causing the financial conditions of local broadcasters to deteriorate. The Act was amended in 2023 to reduce the burden on local broadcasters to produce original local content and allow them to broadcast the same programme across multiple local regions under certain conditions. Additionally, it also allowed specified basic terrestrial broadcasters to enter into agreements with other basic terrestrial broadcasters within the same target regions for broadcasts and to jointly use relay station equipment. Given the background of the success of streaming services and young people’s shift away from TV, it has become essential for local broadcasters to cut maintenance costs and facilitate effective operations.

Do any foreign ownership restrictions apply to media services? Is the ownership or control of broadcasters otherwise restricted? Are there any regulations in relation to the cross-ownership of media companies, including radio, television and newspapers?

Under the Broadcasting Act, any of the following entities may not obtain approval for a basic broadcasting service:

1. a person who does not have Japanese nationality;
2. a foreign government or its representative;
3. a foreign corporation or organisation;
4. a corporation or organisation, any specified officer of which is a person outlined in (1) to (3); or
5. a corporation or organisation in which 20 per cent or more of its voting rights are held by a person outlined in (1) to (3).

As to requirement (5), not only direct ownership but also indirect ownership may be taken into account for certain types of broadcasting.

There is no general regulation of cross-ownership between broadcasters and other media outlets such as newspaper publishers, while it is still prohibited for one group company to own all of the terrestrial television broadcasting, the radio broadcasting and the newspaper in the same area if there are no other mass media in such area.

In 2022, the Broadcasting Act was amended to reinforce the monitoring system for foreign ownership of broadcasters, including that:

• an applicant for a broadcasting service licence must declare certain items regarding the foreign ownership disqualification, including the number of shares of such applicant held by foreign entities, in its application;
• a broadcaster must notify regulators of any changes in certain items regarding the foreign ownership disqualification, including the amount of shares of such applicant held by foreign entities; and
• the regulatory authority may give a broadcaster who has breached the foreign ownership restriction an opportunity to remedy such breach before revoking its licence, depending on the circumstances.

The media plurality rules, in principle, prohibit the granting of basic broadcaster authorisation to the following entities:

• an existing basic broadcaster;
• a person who has control over another basic broadcaster; or
• a person controlled by any of the foregoing.

In other words, one person cannot conduct multiple basic broadcasting activities. However, there are some exceptions to this principle, which are outlined in the Ministerial Ordinance on Definitions of Specific Officers and Controlling Relationships Related to the Business of Basic Broadcasting and on Special Provisions of the Standards of Freedom of Expression (Media Plurality Ordinance), including broadcasting holding companies.

What are the licensing requirements for broadcasting, including the fees payable and the timescale for the necessary authorisations?

Any person who intends to conduct broadcasting must, in principle, obtain both the licence of the broadcast station under the Radio Act and the approval under the Broadcasting Act (in the case of a basic broadcaster) or registration (in the case of a general broadcaster).

Under the Radio Act, a person who has submitted an application stating the necessary matters shall be granted a radio station licence if he or she satisfies certain requirements such as:

• the application does not violate the foreign ownership restrictions;
• the construction design conforms to the technical standards;
• the frequency allocation is possible; and
• the applicant has sufficient financial basis and technical capability to maintain the service (in the case of a basic broadcaster).

Depending on the type of radio station, the size of the basic transmitter and the application method, the application fee for the television broadcasting station is ¥8,600 to ¥167,800. A registration and licence tax is also imposed separately upon registration and the spectrum use fees are charged annually. The standard processing period for licences for radio stations is not specified and is determined on a case-by-case basis.

Approval under the Broadcasting Act is granted to a person who has submitted an application stating necessary matters after satisfying requirements such as:

• not violating foreign ownership restrictions or the media plurality rules;
• having the financial basis and technical capability sufficient to maintain the service; and
• having the broadcasting facilities conform to the technical standards.

On the other hand, registration is granted to a person who submits a written application to the Minister of Internal Affairs and Communications, except where there are grounds for refusal of registration, such as the fact that the approval or registration has been revoked or a fine or greater punishment has been imposed on the person due to a violation of the Radio Act or the Broadcasting Act in the past.

Are there any regulations concerning the broadcasting of foreign-produced programmes? Do the rules require a minimum amount of local content? What types of media fall outside this regime?

While there are no direct regulations, NHK must contribute to enhancing international goodwill and developing economic exchange with foreign countries by promoting accurate information on Japan through introducing the culture, industry and other factors surrounding Japan, etc, in the broadcasting or editing of programmes provided to foreign audiences.

Moreover, under the Broadcasting Standards outlined by the Broadcasting Ethics and Improvement Organisation (BPO), private broadcasting companies must consider differences in historical context, national situation, tradition and customs, etc, when they refer to foreign programmes or cover foreign situations.

How is broadcast media advertising regulated? Is online advertising subject to the same regulation?

In general, advertising in Japan is regulated under the Act against Unjustifiable Premiums and Misleading Representations that restricts any misleading representation (which portrays the relevant good or service as being significantly superior to that of the actual goods or services, or, contrary to the facts, significantly superior to those of other entrepreneurs, etc) being made to general consumers.

Under the Broadcasting Act, a broadcaster must ensure that recipients of the broadcasts can clearly identify advertising broadcasts as advertisements. Additionally, a basic broadcaster shall not include advertisements in any educational programmes for schools if it is deemed that they would impede school education. Also, NHK and the Open University of Japan (an accredited educational institution utilising broadcasting media to provide a wide range of people with learning opportunities) must not broadcast advertisements for any third party’s products and services.

On top of that, the Broadcasting Standards outlined by the BPO set various voluntary standards such as:

• any representations must be based on facts and also be clear and plain;
• subliminal methods shall not be used; and
• the proportion of advertisements shall be below a certain level.

Are there regulations specifying a basic package of programmes that must be carried by operators’ broadcasting distribution networks? Is there a mechanism for financing the costs of such obligations?

In Japan, subscription rates for cable TV are relatively low and there are therefore no general rules like must-carry obligations. As a side note, the relay broadcasting functioning as a gap filler in rural areas with poor reception plays a similar role. Currently, there are many cases where local governments become gap fillers. Fees shall not be charged for the viewing of relay broadcasts for measures against poor reception.

On 25 April 2025, the amendment to the Broadcasting Act was enacted, obliging broadcasters to endeavour to provide their viewers access to alternative services to continue watching their programmes in the event such broadcasters are forced to close a relay terrestrial key broadcasting station due to a significant decrease in the local population or for other reasons.

Is new media content and its delivery regulated differently from traditional broadcast media? How?

Generally speaking, on-demand streaming services on the internet have been considered to fall under telecommunications rather than broadcasting, and the Broadcasting Act does not apply.

On the other hand, an operator of new media content can be subject to some regulations under the Telecommunications Business Act, including prohibition of censorship, protection of secrecy of communications, and notification to its users concerning cookies or other similar technologies.

When is the switchover from analogue to digital broadcasting required or when did it occur? How will radio frequencies freed up by the switchover be reallocated?

The nationwide switchover from terrestrial analogue television to terrestrial digital television was completed on 31 March 2012, and the switchover from satellite analogue television to satellite digital television was completed on 24 July 2011.

Part of the very high-frequency bands that had once been allocated to terrestrial analogue television was allocated to the mobile multimedia broadcasting service upon the switchover to digital television; however, the mobile multimedia broadcasting service is currently out of service.

Furthermore, part of the ultra-high frequency bands that had once been allocated to terrestrial analogue television is currently allocated to mobile phone services.

Does regulation restrict how broadcasters can use their spectrum?

The MIC has established technical standards of transmission for various types of broadcasting including digital television that provide certain technical requirements, such as multiplexing, scrambling and video resolution.

Is there any process for assessing or regulating media plurality (or a similar concept) in your jurisdiction? May the authorities require companies to take any steps as a result of such an assessment?

The media plurality rules prohibit the granting of basic broadcaster authorisation to the following entities, in principle:

• an existing basic broadcaster;
• a person who has control over another basic broadcaster; or
• a person controlled by any of the foregoing.

In other words, one person cannot conduct multiple basic broadcasting activities. However, there are some exceptions to this principle, which are outlined in the Ministerial Ordinance on Definitions of Specific Officers and Controlling Relationships Related to the Business of Basic Broadcasting and on Special Provisions of the Standards of Freedom of Expression (Media Plurality Ordinance), including certified broadcasting holding companies. Cross-ownership between broadcasters and other media such as newspaper publishers is not regulated, while it is still prohibited for one group company to own all of the terrestrial television broadcasting, the radio broadcasting and the newspaper in the same area if there are no other mass media in such area.

Provide a summary of key emerging trends and hot topics in media regulation in your country.

The amended Broadcasting Act will be enforced on 1 October 2025, and obligates NHK to perform the following in its operations online:

• simultaneously stream its programmes;
• rebroadcast its programmes for a certain period; and
• provide programme-related information.

It has been widely reported in Japan that one of the major broadcasters kept a Japanese celebrity on air after being aware of his sexual scandal. As a result, many sponsors withdrew their commercials, ultimately leading to the resignation of its representative directors. It has been reported that the regulator issued administrative guidance recommending enhancement of compliance and corporate governance..

It is worth noting that more and more Japanese people are ‘cutting the cord’ and relying on streaming services on the internet. Major broadcasters, including NHK, now stream many of their programmes both on their own platform and via platforms owned by third parties. TVer, the most popular app that distributes a lot of programmes from major broadcasters, has been downloaded over 80 million times and the number of monthly users in January 2025 reached 41 million.

The focus of regulatory discussions has been shifting from traditional broadcasting media to emerging digital platforms, particularly social media, for example, the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders was enacted on 17 May 2024 and came into effect on 1 April 2025. The Act was renamed the Act on Measures Against Rights Infringement, etc. Arising from Distribution of Information by Specified Telecommunications (commonly referred to as the Information Distribution Platform Act). In order to deal with illegal and harmful information on the Internet, such as defamation, the amended Act obliges large-scale platform operators to take measures including speeding up their response to removal requests and making the operational status transparent.