Can We Identify the Person Who Wrote a Negative Review on Jalan.net?

Jalan.net is one of Japan’s leading travel booking websites. It is a valuable site for planning trips, where you can learn about the real reputations of hotels and inns from those who have used them. However, among the reviews, there are negative ones that cause troubles not due to the hotel or inn’s mistakes, and even bring about reputational damage.

In this article, we will explain how to identify those who have written terrible reviews on Jalan.net.

What is Jalan net?

Jalan net is a leading travel booking site in Japan. When you select a hotel or ryokan (Japanese inn), you can view its photos, map, and access information. Not only can you see detailed rates and accommodation plans, but you can also read reviews from users. The company that operates Jalan net is Recruit Lifestyle Co., Ltd.

Jalan.net Reviews

About Review Categories

In the review section, you can rate the following categories on a five-point scale from “Very Satisfied” to “Dissatisfied”:

• Room
• Food (Breakfast)
• Food (Dinner)
• Bath
• Customer Service
• Cleanliness
• Overall Rating

Many people refer to these average ratings, but there is also a comment section for each hotel or inn, and the content of these comments can become an issue.

Who Can Post Reviews

Reviews on Jalan.net can only be posted by people who have made a reservation through Jalan.net and actually stayed at the accommodation. Furthermore, only those who have registered as members and made a reservation can post reviews, and the posting deadline is “within 60 days from the day after check-in”. If you make a reservation without registering as a member or through the telephone reservation center, you cannot post a review.

Also, reviews posted without using the accommodation will be subject to deletion. This is thought to prevent malicious businesses from posting negative comments about competing hotels and inns with the intention of damaging their reputation.

Prohibited Actions and Behaviors in Reviews

Jalan.net has established prohibitions regarding the content of reviews, and you can request the deletion of reviews that violate these prohibitions. However, even if you request deletion, it does not necessarily mean that the review will be deleted. The management also reviews the content of the reviews, and since the poster is also a customer of Jalan.net, they are considered to be protected, so the likelihood of a posted review being deleted is not very high.

Also, the “Prohibited Actions in Reviews” include:

• Posting content that deviates from the travel information provided by our company
• Posting content that is not based on the user’s own experience or the experience of using Jalan.net
• Posting content for commercial purposes
• Posting content that contradicts the facts or is false

At the end of the “Rules for Posting Reviews”, which explains the “Prohibited Actions in Reviews”, it is stated:

The content of the post is posted at the responsibility of the poster, and the company does not guarantee the truthfulness, legality, safety, appropriateness, usefulness, etc. of the content of the post. Please use it at your own risk. Also, the company does not guarantee the non-existence of any content or expression in the posted articles, such as incorrect information, offensive remarks, and messages without dignity.

https://www.jalan.net/jalan/doc/okite.html[ja]

Therefore, it seems impossible to guarantee the truthfulness, legality, safety, appropriateness, usefulness, etc. of the content of the post.

Examples of Defamation on Jalan.net

For instance, unjust comments such as “the room smelled of smoke” despite booking a smoking room, or false claims like “the menu stated Japanese Wagyu but it was clearly imported beef” or “I was asked to pay a higher fee than the one I booked for” can be posted. If such cases are left unattended, they could potentially have a severe negative impact on the business, necessitating legal action.

For information on how to delete posts, please refer to the article below.

Request for Disclosure of Sender Information

Normally, in order to identify the author of a review, we first apply for a provisional disposition to request information about the IP address, and then disclose the IP address based on the court’s order. After that, we initiate a lawsuit against the provider, asking them to disclose information such as the name and address.

Because this “two-step” process is necessary, it takes time and money to identify the poster. However, in the case of Jalan.net, since the poster has made a reservation and actually stayed at the accommodation through Jalan.net, we can obtain not only the IP address but also the name, address, and email address in one trial.

Conditions for Requesting Disclosure of Sender Information

We will proceed with the request for disclosure of sender information based on the following Japanese Provider Liability Limitation Act.

“A person who claims that his or her rights have been infringed” can request the disclosure of information “when it is clear that the rights of the person requesting the disclosure have been infringed by the distribution of the infringing information.”

Provider Liability Limitation Act, Article 4

Regarding reviews on Jalan.net, acts that damage business credibility may constitute crimes of credit damage and business obstruction under the Japanese Penal Code, which stipulates,

“A person who spreads false rumors or uses deception to damage the credibility of another person or obstruct their business shall be punished by imprisonment for up to three years or a fine of up to 500,000 yen.”

Penal Code, Article 233

Therefore, such acts are illegal and constitute torts in civil law. Also, the Japanese Civil Code stipulates,

“A person who intentionally or negligently infringes the rights or legally protected interests of another person shall be liable for the damages caused by this.”

Civil Code, Article 709

Based on these, we will initiate a lawsuit for the disclosure of sender information against Jalan.net, depending on the case, based on defamation or invasion of privacy.

Also, the Provider Liability Limitation Act stipulates,

“You can request the disclosure of information when there is a legitimate reason to receive the disclosure of sender information.”

Provider Liability Limitation Act, Article 4

In other words,

• It is necessary for a deletion request to the sender
• It is necessary for the exercise of the right to claim damages in civil law
• It is necessary for the exercise of the right to request an injunction
• It is necessary to identify the person when taking legal measures such as criminal accusation

In the above cases, it is recognized that there is a “legitimate reason”.

In addition to the general tort liability under the Civil Code, if the poster is a competing hotel or inn, under Article 2, Paragraph 1, Item 14 of the Unfair Competition Prevention Act (Unfair Competition Act), you can request a stop, prevention, or claim for damages against unfair competition that announces or disseminates false facts that harm business credibility.

If you clearly state what kind of description infringes what kind of rights and prove with evidence that the facts assumed as the basis of the indicated facts or reviews are not true, the court will order Jalan.net to disclose the sender’s address, name, etc.

Damage Compensation Claim

If the court determines that “rights have been infringed by the posted article” and “there is a legitimate reason,” it will order Jalan.net (Japanese online travel platform) to disclose the poster’s name, address, email address, etc.

Once the order is issued, Jalan.net will promptly comply. Once the sender’s information is disclosed and the sender is identified, you can claim damages. However, you also have the following options:

• Make them pledge not to repeat defamation in the future
• Claim the expenses incurred (investigation costs, attorney fees)
• File a criminal complaint

As such, there are options other than claiming damages, but it is difficult to pursue these alone. Therefore, it is recommended to consult with a lawyer who is knowledgeable about Internet defamation measures.

For more information on how to delete, please refer to the article below.

Summary

Identifying the reviewers on Jalan.net involves a complex process. To successfully navigate this process, a wealth of specialized knowledge about online defamation and law is required. If you are a business owner troubled by malicious reviews that cross the line, it is crucial to take prompt action before the damage escalates.