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Internet

How to Delete Malicious Comments on Instagram

Internet

How to Delete Malicious Comments on Instagram

In recent years, with the popularity of Instagram, the term “Insta-bae” has been coined to describe the act of taking eye-catching photos to garner a large number of ‘likes’ on posts, becoming a social phenomenon.

While Instagram allows you to comment on posts, there may be instances of malicious comments being made, which could potentially become a matter of public concern if seen by others.

In this article, we will explain how to delete malicious comments made on Instagram posts.

What is Instagram?

Instagram is a social networking service that allows users to share photos and videos. It is operated by a U.S. corporation called Facebook, Inc. Not only can users view posted photos, but they can also ‘like’ them and leave comments.

What Constitutes Malicious Comments

Instagram allows users to register without using their real names, and this anonymity can sometimes lead to defamatory comments being posted.

Here are some examples of malicious comments.

Comments on a Ryokan (Japanese Inn)

Consider a comment posted on a photo of a ryokan, saying, “The service at this inn, especially from a maid named A, was terrible. I highly recommend not staying here.” While the quality of service is subjective, it’s possible that this comment was made by someone who had some sort of trouble with the ryokan and is posting such comments out of spite. Regardless of the truth, such comments can damage the image of the ryokan and potentially lead to a decrease in reservations.

Comments on a Manga Artist

Consider a comment posted about the author of a parenting manga, saying, “This author abuses their children. I heard they were reported to the child welfare office recently.” This could negatively impact the sales of the manga.

Such baseless and malicious posts should be deleted, just like defamatory and damaging rumors posted on anonymous bulletin boards like 5chan.

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

How to Delete Comments

If you find malicious comments on your own posts, you can delete them by following the steps below. However, please note that you cannot delete comments on other people’s posts.

How to Remove Content Through Violation Reports

If you come across malicious comments on someone else’s post, you can report it to the platform’s administrators by following the steps below.

According to Instagram’s Community Guidelines, content intended to humiliate or defame a specific individual is subject to removal.

(Excerpt) On Instagram, content that includes credible threats or hate speech, content intended to humiliate or defame a specific individual, personal information shared in the context of harassment, and repeated unwanted messages will be removed. (End of excerpt)

*Community Guidelines “Details”

https://help.instagram.com/477434105621119[ja]

Comments about a ryokan (Japanese inn) such as “This ryokan, especially the service from a staff member named A, was terrible. I definitely wouldn’t recommend staying there” can be considered as content intended to humiliate or defame a specific individual under the Community Guidelines, and thus can be reported.

(Excerpt) If you find something that you believe violates our guidelines, please report it using our built-in reporting option. Instagram’s global team will review the report and remove content that doesn’t align with our guidelines as quickly as possible. Even if you don’t have an Instagram account, you can still report violations. To ensure that the review and investigation of your report proceed quickly, please provide as much information as possible in your report, such as links, usernames, and descriptions of the content. If either the image or the associated caption violates our guidelines, the entire post may be removed. (End of excerpt)

https://help.instagram.com/477434105621119[ja]

If you report a comment that you believe is in violation, and the administrators determine that it does not comply with the guidelines, the comment will be removed.

How to Assert Illegality and Request Removal

If a comment is not removed even after reporting it to the operator, you can assert its illegality and request its removal through a court. In such cases, it is often necessary to consider whether the comment constitutes defamation. Defamation refers to the infringement of one’s right to reputation, and if established, it may result in the payment of damages.

Defamation is established when “a person’s reputation is damaged by publicly stating facts”. For example, if a comment about a manga artist says, “This author abuses children. I heard they were reported to child protective services the other day,” and there is no truth to the abuse, there is a high possibility that defamation is established.

However, please note that even if the requirements for defamation are met, defamation will not be established if the following three conditions are met:

  • There is public interest
  • There is a benefit to the public
  • The statement is true or is deemed to have a reasonable basis in truth

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

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

Deletion by Provisional Disposition

When making a deletion request through the court, it is possible to delete content through a procedure called provisional disposition based on the Japanese Civil Preservation Law, without having to go through a formal lawsuit. Lawsuits often take about 3-12 months, and sometimes more than a year. On the other hand, provisional dispositions often complete quickly, from request to deletion, in about 2-3 months.

The provisional disposition proceeds in the following steps:

  1. Filing for provisional disposition
  2. Examination
  3. Payment of security deposit
  4. Execution of provisional disposition order

In order to request a provisional disposition, you need legal arguments and evidence indicating that the comment in question is illegal.

Please note that the operating company of Instagram is Facebook, Inc., a U.S. corporation, so the counterparty in the procedure is a foreign corporation. Therefore, in addition to the usual attorney fees, actual expenses (about 200,000 yen) are required for tasks such as translating documents and evidence into English and obtaining registration of a U.S. corporation. For more details on deletion by provisional disposition, please refer to the article below.

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

Procedure for Identifying the Poster

For malicious comments, it is also possible to consider identifying the poster. If successful in identifying the poster, you can claim attorney’s fees and damages incurred in the process.

For more detailed information about requests for disclosure of sender’s information, please refer to the article below.

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

Summary

Instagram has a large user base and due to its ease of use and anonymity, posts may receive malicious slanderous comments.

While you can delete comments on your own posts, it’s not as simple to delete comments made on someone else’s posts. Even if you report a violation to the operator, if the malicious comment is not removed, you may need to consider requesting deletion through the court or identifying the poster.

These procedures require advanced expertise, so it’s advisable to consult with a lawyer who has extensive knowledge and experience as soon as possible.

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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