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How to Request the Removal of Negative Posts on Mama Stadium (MamaSta)

Internet

How to Request the Removal of Negative Posts on Mama Stadium (MamaSta)

Mamastadium (Mamasta) is a community site for mothers, packed with information about child-rearing. Users can interact with each other using the BBS, and they can also view reviews of local hospitals, childcare facilities, and more.

Since anonymous posting is possible, there may be instances of negative comments about topics or disputes between users.

If the content of a negative post is malicious, consider deleting the post. In addition to directly requesting the site to delete it, you can also request a court to delete it. We also explain other measures that can be taken besides deletion, so please read on.

Overview of Mama Stadium

Mama Stadium is not just a review site, but it is equipped with various features that are useful for mothers.

In the women-only anonymous community called BBS, you can interact on a wide range of topics such as family and child-rearing advice, TV dramas, hobbies, and more. You can also read column articles where celebrities talk about their own child-rearing experiences and family matters. The subjects of Mama Stadium’s reviews are hospitals such as pediatrics, pediatric dentistry, and obstetrics and gynecology, as well as schools such as nurseries, kindergartens, and elementary schools. Reviews are collected from mothers on aspects such as “Is the doctor skilled?”, “Are the facilities and staff responsive?”, “Are the hospital meals and school lunches tasty?”, and “What are the recommended points?” for each facility. When you post a review, you receive Mama Stadium points, and when you accumulate points, you can apply for gifts.

The operating company is InterSpace Co., Ltd., which develops internet advertising and media businesses.

Potential Negative Posts on MamaSta

MamaSta allows users to register and post reviews or use the bulletin board under a nickname. Since the nickname does not have to be the user’s real name, there is a risk of various negative posts being made under the guise of anonymity.

Defamation of Celebrities

There are many topics related to celebrities on the BBS. There are many cases where criticisms and negative posts are made about the words and actions of celebrities.

Examples:

  • “They don’t appear on TV and only post photos on Instagram. They should just become an Instagrammer instead of a celebrity.”
  • “Announcing infertility treatment on a blog is just a publicity stunt. It’s cheap to do such things just because their popularity is waning.”
  • “This girlfriend is definitely not a match. It’s better to divorce before having a child.”
  • “I saw an article about him cheating while his wife was pregnant. To put it mildly, I wish he would die.”
  • “Their flame-baiting strategy is obvious.”

Arguments Between Users

Differences in opinions can lead to arguments between users.

Examples:

  • “I can’t understand why the husband married such a nasty wife.”
  • “It’s normal to breastfeed a baby who is about half a year old. You lack common sense.”

MamaSta prohibits disputes between users, so if you find a dispute within a topic, please report it to the secretariat.

Posting of Malicious Images

There are cases where someone’s photo is posted without their permission, or obscene images are posted.

Invasion of Privacy

There may also be cases where someone’s personal information, such as their phone number or address, is disseminated.

Negative Reviews of Hospitals and Schools

In reviews, there may be negative posts about the target facility.

Examples:

  • “The school lunch here uses genetically modified food and drinks.”
  • “When I consulted about my son’s short height, they responded indifferently.”
  • “I gave birth at this hospital, but no one comes for a while even if I press the nurse call. I want to know why they are so understaffed.”

How to Request Removal for Violation of Terms of Use

When you encounter abusive language on a BBS or discover negative posts about your facility as a hospital or school operator, it is natural to want to remove the offending review. When considering removing a review, the first step should be to request removal from the site operator. While it is possible to request a removal order from the court, you need to convince the court with legal arguments for your claim to be accepted, so you must hire a lawyer. However, if you are requesting removal from the site, you can handle it without the help of a lawyer. When requesting the removal of a review from a site, you need to assert and prove that it violates the terms of use. Naturally, the terms of use vary from site to site. Let’s take a look at the terms of use for Mamasta.

Article 5 of the Terms of Use, “Prohibited Acts,” states, “This service is a site generated by user posts, so we basically do not delete posts.” However, it states that if the following items apply, they can be deleted without obtaining the user’s permission.

① Acts that violate laws, ordinances, and these Terms of Use, and acts that encourage or promote illegal acts

② Posting containing harmful programs, etc., acts that interfere with the network system

③ Acts that infringe or may infringe on the honor, credit, privacy rights, and other personal rights of others

④ Acts that infringe or may infringe on the patent rights, trademark rights, copyright, and other property rights of others

⑤ Defamation, threats, harassment, and other acts that cause economic or mental damage or disadvantage

⑥ Posting expressions that lead to discrimination based on ethnicity, race, gender, age, etc.

⑦ Posting violent, grotesque photos, etc., and other generally unpleasant images, language, etc.

⑧ Posting photos with high exposure, expressions or images judged to be obscene (including illustrations and paintings)

⑨ Posting links to sites for downloading obscene expressions, images, or videos

⑩ Posting words and other expressions that may induce or promote suicide, self-harm, drug abuse, etc.

⑪ Acts of election campaigning or similar acts and acts that violate the Public Offices Election Act

⑫ Acts of posting or transmitting content for commercial advertising, publicity, etc.

⑬ Acts that violate the nuisance prevention ordinance, etc., such as posting for profit

⑭ Acts of inducing encounters and soliciting multi-level marketing businesses, etc.

⑮ Acts of collecting and storing personal information of others

⑯ Other acts contrary to public order and morals, common sense

⑰ Acts similar to the above

Article 5. Prohibited Acts
http://mamastar.jp/info/rule_x.do[ja]

For example, if you post something like “Celebrity XX is in possession of marijuana” even though there is no such fact, it is likely to fall under “③ Acts that infringe or may infringe on the honor, credit, privacy rights, and other personal rights of others”.

How to Request Removal of Mamasta Reviews

There are two ways to request the removal of Mamasta reviews from the site. The first is to report it from the “Report/Removal Request” displayed when you open the screen of each review or BBS topic.

Just fill in your “Name” and “Reason for Request” to complete the request. In the “Reason for Request” field, it would be helpful for the operator to confirm if you indicate the content of the relevant post and which part of the terms of use it violates.

The second way is to request it from the inquiry form. Here too, by detailing the content of your inquiry, you can prevent misunderstandings and lead to smooth handling.

The decision to remove is based on the standards of the secretariat, so not all requests may be accommodated.

They state that they will respond as much as possible on the same day or within a few days, so if the relevant review has not been removed even after more than a week, you should interpret it as a failed removal attempt.

Requesting Removal on the Grounds of Illegality

If a request for removal from a site fails, it is also possible to request removal through legal proceedings.

When claiming the illegality of a review, defamation is often used. However, in order to have a claim of defamation recognized, it is necessary to prove the illegality of the review. In defamation, it is legally necessary to prove and substantiate that the review has lowered the social reputation of an individual or corporation.

For example, let’s say a celebrity requests the removal of a review on the grounds of slander against them. To prove illegality, it is necessary to legally substantiate points such as what rights were violated by the post, and why it can be said that they were violated. Because it is difficult for a layperson to make these claims, it is recommended to consult a lawyer who is experienced in dealing with online slander.

However, no matter how much one claims their rights have been violated, if the post is true, defamation does not apply. In other words, if the content of the slander is true, such as the fact that one actually possessed marijuana, there is a high possibility that the claim will be rejected.

For more details on the requirements for establishing defamation, please refer to this article.

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

Removal by Provisional Disposition

A provisional disposition allows for the request of removal without going through a court procedure. A provisional disposition refers to a procedure that realizes the state of an approved request before substantial deliberation takes place.

The advantage of a provisional disposition is that the procedure is carried out more quickly compared to a lawsuit. While a lawsuit can often take more than half a year, a provisional disposition is generally issued within about one to two months. If you want to remove a review as quickly as possible, a provisional disposition is recommended.

For more detailed information about removal by provisional disposition, please refer to the article below.

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

Identifying the Poster through Provisional Disposition

In provisional disposition, it is not only possible to request deletion, but also to identify the poster. If the poster can be identified, it is also possible to make a claim for damages against them.

However, compared to deletion requests, the process becomes more complicated, which is a disadvantage. Before making a request for the disclosure of sender’s information such as address and name, it is necessary to make a request for the disclosure of the IP address. In other words, two court proceedings are required.

For more detailed explanation about the request for disclosure of sender’s information, please refer to this article.

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

Summary

We have explained the content of negative comments and the method of deletion regarding the removal of reviews on the ‘Japanese Mama Stadium’ website. Broadly speaking, there are two methods of deletion: ‘Claiming a violation of the terms of use and requesting the site for deletion’ and ‘Claiming illegality and requesting deletion through the court’. It is recommended to first make a deletion request to the site yourself, and if that fails, to seek help from the court.

In the process through the court, not only can you request deletion, but you can also identify the poster. When requesting through the court, legal arguments are required, so it is recommended to seek the help of a lawyer.

Managing Attorney: Toki Kawase

The Editor in Chief: Managing Attorney: Toki Kawase

An expert in IT-related legal affairs in Japan who established MONOLITH LAW OFFICE and serves as its managing attorney. Formerly an IT engineer, he has been involved in the management of IT companies. Served as legal counsel to more than 100 companies, ranging from top-tier organizations to seed-stage Startups.

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