What is the Method to Delete Negative Tweets on Twitter?

Twitter is a social networking service. Users can post messages, images, and videos, known as “tweets” or “murmurs”.

While many posts are light-hearted, such as “I ate this at a popular place”, there are also negative tweets like “I worked at Restaurant A and the kitchen was incredibly dirty” or “There were borderline power harassment comments at B Corporation’s interview”. If such tweets are posted, there is a risk that users who search for that restaurant or company name on search engines like Google or Yahoo, or within Twitter, will see these tweets. Is it possible to take measures such as having these negative tweets deleted? Also, under what circumstances should you consult a lawyer?

What is Twitter?

Twitter is a social networking service where users can post tweets, images, and videos within 140 personalitys. By creating a Twitter account, users can post and view tweets. One of the features of Twitter is the ability to retweet other people’s tweets onto your own timeline, which means that tweets with many reactions can quickly spread. Therefore, if a negative tweet about a company or restaurant is retweeted many times, it will be seen by many people. In addition, users who search for the company or restaurant name on search engines like Google or within Twitter may come across negative tweets, which could make them hesitate to visit or apply to the company or restaurant after seeing these posts.

What are Negative Tweets Posted on Twitter?

Unless a Twitter user sets their tweets to private, anyone can view them. This allows for real opinions about restaurants and companies to be read. However, there is also the possibility of negative tweets, such as defamation and rumors, being posted. What kind of negative tweets are posted on Twitter? Below, we provide examples of potential negative tweets.

Tweets like “I used to work at Restaurant A, and the kitchen was incredibly dirty”

If the kitchen is indeed very unsanitary, such a tweet may be unavoidable. However, there is also a possibility that the poster is tweeting such things out of spite due to a poor interpersonal relationship at the restaurant. If such unfair and negative tweets are posted, it could negatively impact the restaurant’s business, such as reducing the number of customers.

Tweets like “There were remarks bordering on power harassment in the interview at B Corporation”

Such tweets, if true, can provide useful information for users looking for information about the company they are going to work for. However, there may be a misunderstanding by the poster that they were subjected to power harassment due to a miscommunication with the interviewer. In such cases, the company in question may suffer damage such as a decrease in the number of applicants and a decline in image due to the tweet.

Other baseless defamatory posts and rumor damage posts, etc.

On Twitter, not only specific companies but also individuals may be subjected to defamatory tweets and rumor damage tweets. Such tweets should be deleted, just like defamatory and rumor damage posts on anonymous bulletin boards like 5channel (formerly 2channel). For information on how to request the deletion of posts on 5channel (formerly 2channel), please refer to the article below.

https://monolith.law/reputation/deletionrequest-for-2chand5ch[ja]

How to Request Removal for Violation of Twitter Rules

If you come across a tweet that you believe violates Twitter’s rules, you can contact Twitter Support. There is a “Report” button at the bottom left of the Twitter Help Center[ja], which will take you to the following screen.

From this screen, select “I want to report offensive behavior or sensitive content”. Then, the following screen will appear.

From this screen, if you select “I want to report harassment or offensive behavior”, the following screen will appear where you can detail the report and violation.

Twitter’s terms of service state:

We reserve the right to remove content that violates the Twitter User Agreement (including copyright or trademark infringement or other misuse of intellectual property, impersonation, illegal activity, or harassment).

Terms of Service 3. Content on the Service

According to these terms of service, it seems that a tweet like the example “I used to work at Restaurant A, but the kitchen was incredibly dirty” could be reported for removal as “illegal activity or harassment”.

Examples of Removal Requests Based on Illegality

When considering the “Illegal Activities or Harassment” section of the Twitter Service Terms of Use, it is necessary to consider defamation (infringement of the right to honor). The requirements for defamation are as follows:

• Publicly
• Pointing out facts
• Defaming someone’s honor

Defamation is established when these three requirements are met.

If a tweet was posted stating, “There were power harassment-like remarks in the interview at B Corporation,” the statement is specific, and the act of making power harassment-like remarks in a job interview is subject to certain legal regulations. It would be disadvantageous for the company in question to be perceived as a company that engages in such behavior. Therefore, the company would argue that it does not engage in power harassment-like remarks in job interviews. However, please note that even if the requirements for defamation are met, defamation will not be established if the following conditions are met:

• There is public interest
• There is public benefit
• It is true or the truthfulness is recognized

Not only the above example, but also other defamatory tweets and rumor damage tweets need to be examined to see if they fall under defamation. However, deletion negotiations based on such claims and legal arguments can be difficult if you are not familiar with the law. Consulting with a lawyer with extensive knowledge can often lead to smooth deletion. The requirements for defamation are explained in detail in the following article.

https://monolith.law/reputation/defamation[ja]

Deletion by Provisional Disposition

If a tweet is not deleted even after reporting it through Twitter’s Help Center, you may need to request its removal through the courts. Tweets on Twitter can be deleted not only through litigation procedures but also through a procedure called provisional disposition. Litigation often takes about 3-12 months to proceed smoothly, and in some cases, it may take more than a year. On the other hand, provisional disposition, if consulted with a lawyer familiar with reputational damage, can often be completed in about 2-3 months from the request to deletion. The flow of provisional disposition is as follows:

1. Filing for provisional disposition
2. Examination (a procedure similar to oral argument)
3. Payment of security deposit
4. Issuance of provisional disposition order
5. Execution

In the case of provisional disposition, in addition to legal claims, evidence to substantiate those claims is also required. For example, in the case of “There were power harassment-like remarks in the interview of Company B”,

• Notes from the interviewer at the time of the interview
• Manual related to job interview

are submitted as evidence, and the claim is made that “The company has established a manual to prevent power harassment and the like during job interviews, and does not engage in acts such as making power harassment-like remarks to job seekers”. However, making such claims and proving them can often be difficult to do on your own without consulting a lawyer. For more details on deletion by provisional disposition, please refer to the article below.

https://monolith.law/reputation/provisional-disposition[ja]

Identifying the Poster through Provisional Disposition

If baseless defamatory tweets or damaging rumor tweets have been posted for a long time in large numbers, you can request a lawyer to make a sender information disclosure request. A sender information disclosure request is a procedure based on Article 4, Paragraph 1 of the Japanese Provider Liability Limitation Act. This procedure requests the disclosure of personal information such as the IP address, name, and address of the poster of defamatory tweets or damaging rumor tweets. Twitter has terms of use to prevent illegal activities and harassment, but it is not uncommon for individuals with a grudge against a specific company, service, or person to post baseless rumor tweets or defamatory tweets. In such cases, if you know the poster’s IP address, you may be able to identify them. The procedure for identifying the sender is as follows:

1. Request for information disclosure to the content service provider
2. Application for provisional disposition for sender information disclosure
3. Identify the transit provider
4. Application for provisional disposition to prohibit deletion of sender information to the transit provider
5. Lawsuit for sender information disclosure request
6. Identify the sender based on the court’s judgment
   

After going through the above procedures, if the poster is identified, you can claim damages for the attorney’s fees and consolation money required to identify the poster. For more details on sender information disclosure requests, please refer to the following article.

https://monolith.law/reputation/disclosure-of-the-senders-information[ja]

Summary

Twitter is a highly convenient social networking service that allows you to read tweets from many people and gather information. However, there may be instances where tweets that defame or cause reputational damage based on misunderstandings or malice are posted. In the face of such malicious tweets, it is advisable to report them via Twitter’s Help Center, and if they are not removed, you may need to request removal through a court or identify the poster. Legal claims such as defamation often proceed smoothly when entrusted to a lawyer. If you are troubled by defamatory tweets or tweets causing reputational damage, it is important to consult with a lawyer who has extensive expertise as soon as possible.