Japan's stealth marketing rules — a representation that hides the fact that it is an advertisement violates the Premiums and Representations Act (in force 1 October 2023)
Source material is a Japanese government announcement (in Japanese); this page is a summary.
In Japan, from 1 October 2023, a representation that hides the fact that it is an advertisement violates the Premiums and Representations Act. Those regulated are the business operators that supply the goods or services (the advertisers); third parties such as influencers who receive the request are not subject to the rules.
Key facts
| Effective date | 1 October 2023 (1 October Reiwa 5) |
|---|---|
| Legal basis | 「一般消費者が事業者の表示であることを判別することが困難である表示」, designated under Article 5 item 3 of the Premiums and Representations Act — Cabinet Office Notification No. 19 of 28 March 2023 (Reiwa 5) |
| Who is regulated (in principle) | The business operators that supply the goods or services (the advertisers). By contrast, third parties such as influencers asked by a company to advertise or promote are not subject to the rules |
| Representations covered | Those that are advertisements and that general consumers find it difficult to identify as advertisements. Conversely, things that are not advertisements, such as an individual's personal impressions, and things that can be recognised as advertisements, such as a TV commercial, are outside the scope |
| Media covered | Not only representations on the internet, such as social media posts and review posts, but also representations on television, in newspapers, on radio and in magazines |
| Scope of “advertisement” | A company's request or instruction to a third party such as an influencer is also included in “advertisement” (although that third party is not itself subject to the rules) |
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From 1 October 2023 Japan regulates, as a violation of the Act against Unjustifiable Premiums and Misleading Representations (景品表示法, the Premiums and Representations Act), representations that are advertisements but hide the fact that they are advertisements (stealth marketing). The basis is the designation, under Article 5 item 3 of that Act, of 「一般消費者が事業者の表示であることを判別することが困難である表示」 (representations that are difficult for general consumers to identify as representations by a business operator) — Cabinet Office Notification No. 19 of 28 March 2023 (Reiwa 5). Those subject to the rules are the business operators that supply the goods or services (the advertisers); third parties such as influencers who have been asked by a company to advertise or promote are not subject to them. What falls within scope is a representation that is an advertisement and that general consumers find it difficult to identify as an advertisement; things that are not advertisements, such as an individual's personal impressions, and things that can be recognised as advertisements, such as a TV commercial, fall outside. Not only representations on the internet, such as social media posts and review posts, but also representations on television, in newspapers, on radio and in magazines are covered.
Summaries below are factual notes based on government announcements and primary sources — not evaluations or opinions.
Summaries reflect national-level programs. Municipal (city/ward/town) programs may differ — confirm with the official desk before applying.
FAQ
If an influencer does not indicate that a post is an advertisement, is the influencer punished?
Only business operators fall under the Premiums and Representations Act, and those regulated are the business operators that supply the goods or services (the advertisers). Third parties such as influencers who have been asked by a company to advertise or promote are not subject to these rules. That said, a company's request or instruction to a third party such as an influencer is also included in “advertisement”.
Is a review that an individual wrote voluntarily also covered?
What is regulated is a representation that is an advertisement and that general consumers find it difficult to identify as an advertisement. Things that are not advertisements, such as an individual's personal impressions, are outside the scope. Conversely, things that can be recognised as advertisements, such as a TV commercial, are also not covered.
Are only social media posts covered?
No. Not only representations on the internet, such as social media posts and review posts, but also representations on television, in newspapers, on radio and in magazines are covered.