Act No. 137 of 2001 on the Limitation of Liability for Damages of Specified Telecommunications Service Providers

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 cases where said relevant service provider knew that the infringement of the rights of others was caused by information distribution via said specified telecommunications.

(iii)  In cases where said relevant service provider had knowledge of information distribution by said specified telecommunications, and where there is a reasonable ground to find that said relevant service provider could know the infringement of the rights of others was caused by the information distribution via said specified telecommunications.