Question from a reader:
I do not own a television, so I do not pay the NHK reception fee. If I install the NHK On Demand app on my smartphone, do I need to pay the reception fee whether I watch NHK On Demand or not?
Introduction
The issue of NHK reception fees has become an important concern for many people in
Japan. Particularly for those who do not own a television but use smartphones, it is essential to understand under what circumstances the reception fee applies and the legal obligations involved. This article provides an analysis from a legal perspective regarding NHK reception fees and offers practical advice.
Basic Concepts of NHK Reception Fees
NHK reception fees are imposed on households and individuals who possess receiving equipment such as televisions, based on the Broadcasting Act. Specifically, there are several fundamental concepts to consider.
Overview of the Broadcasting Act
Article 64 of the Broadcasting Act stipulates the obligation to conclude a broadcasting reception contract. If receiving equipment is installed, it is required to contract with NHK and there is an obligation to pay the reception fee.
Definition of Receiving Equipment
Receiving equipment includes not only televisions but also radios, smartphones, tablets, and more. However, whether the equipment is in a situation where it can actually receive broadcasts or is used for the purpose of reception is an important factor.
Regarding Reception Fees When Installing the NHK On Demand App on a Smartphone
The questioner is wondering about the reception fee when installing the NHK On Demand app on a smartphone. In this case, several points need to be considered.
Relationship Between App Installation and Contract
The act of “installing an app” does not itself establish a contract. If you simply download the app, it is considered that there is no obligation to pay the reception fee. However, if you register on the app and enter personal information, thereby establishing a contract, an obligation to pay the reception fee arises.
Contractual Forms with NHK
Contracts with NHK are typically referred to as broadcasting reception contracts, and if you own a television, the contract is automatically established. The NHK On Demand app for smartphones may require a new contract to be established for viewing, so caution is necessary.
Conditions Under Which Reception Fees Apply
Let’s take a closer look at the conditions under which reception fees apply.
Conditions for Contract Establishment
For reception fees to apply, a contract must be established. The conditions for contract establishment include the following: 1. Existence of receiving equipment: Equipment capable of receiving broadcasts, such as televisions or smartphones, is necessary. 2. Intent to contract: There must be an intention to enter into a contract with NHK, which is done through app registration and other means.
Cases Where Reception Fees Do Not Apply
Reception fees do not apply in the following cases: 1. No receiving equipment: If you do not own a television or radio. 2. Not contracted: If you have not entered into a reception contract with NHK.
Legal Rights and Obligations
It is also necessary to understand the legal rights and obligations concerning reception fees.
Legal Basis for the Obligation to Pay Reception Fees
Under the Broadcasting Act, the obligation to pay reception fees is legally established. If you possess receiving equipment, you are required to enter into a contract with NHK.
Methods for Contract Cancellation and Termination
If you have entered into a contract with NHK, certain procedures are required to cancel it. This differs from other providers or online streaming services. Specifically, a written procedure is required, and you cannot cancel simply by phone or online.
Practical Advice
To avoid troubles related to reception fees, the following practical advice is available.
Points to Consider When Installing the App
1. Avoid registering personal information: It is important to avoid entering personal information when installing the app. This helps mitigate the risk of establishing a contract. 2. Review the terms of use: It is crucial to read the terms of use provided by the app carefully and understand the contract details before using it.
Considerations When Entering into a Reception Contract
1. Consider the necessity of a reception contract: Think carefully about whether you really need to enter into a reception contract. It is particularly important to consider the frequency and necessity of viewing. 2. Check cancellation procedures in advance: If you do decide to enter into a contract, make sure to check the cancellation procedures in advance to ensure a smooth cancellation process.
Conclusion
If you install the NHK On Demand app on your smartphone, you will not incur a reception fee unless you enter into a contract. However, caution is necessary regarding the use of the app and the establishment of a contract. By avoiding the registration of personal information and reviewing the app’s terms of use, you can prevent troubles related to reception fees. Additionally, when entering into a contract, it is important to fully understand the necessity of the reception contract and the cancellation procedures. Paying attention to these aspects while utilizing NHK’s services is essential.
