An Attorney Explains How to Remove Malicious Reviews of Nursing Homes and Elderly Care Facilities

With the advent of an aging society, the demand for nursing homes and elderly care facilities continues to increase, and concurrently, the number of companies entering the care business for the first time is also on the rise.

Many people decide to purchase products or services based on online reviews, and care facilities are no exception. While the promotional effect of word-of-mouth is high, there are also many cases where facilities are troubled by defamation and negative reviews.

In this article, we will explain how to remove malicious reviews about nursing homes and care facilities for operators of these establishments.

Trend of Increasing Nursing Homes and Elderly Care Facilities

Among nursing homes and elderly care facilities, there is a particular increase in special nursing homes for the elderly operated by local public entities and social welfare corporations. The number of these facilities has increased from 6,590 in 2012 (Heisei 24) to 7,705 in 2016 (Heisei 28). As these special nursing homes are public institutions and their usage fees are lower compared to private nursing homes, it is believed that many people wish to use them. However, due to a shortage of available rooms, there are about 300,000 people on the waiting list as of April 2019 (Reiwa 1).

Summary of the Ministry of Health, Labour and Welfare’s survey results

https://www.mhlw.go.jp/toukei/saikin/hw/fukushi/16/dl/kekka-kihonhyou01.pdf[ja]

The Importance of Reviews

When choosing a care facility, it’s natural to want as much detailed inside information as possible. Traditionally, many people would visit the facilities in person, but this only provides a temporary snapshot and doesn’t always capture the full picture. As a result, there are many cases where people regret their decision after admission, exclaiming, “This isn’t what I thought it would be!”

That’s where online reviews come in as a new and effective way to gather detailed inside information. By accessing specialized review sites like “Japanese Care Truth” and “Japanese Elderly Home Map”, you can enter the name of the facility you’re considering and read reviews from its users.

The quality of care services often can’t be fully measured by numbers alone, making it crucial to hear from those on the ground through reviews. Checking reviews before admission has become a standard practice.

The Importance of Reputational Risk Management

For instance, positive reviews such as “I recovered after receiving rehabilitation at this facility” or “The care staff were very attentive” can encourage potential clients to consider using your services.

On the other hand, negative reviews can lead to potential clients thinking, “I should avoid this facility because it has a bad reputation,” which poses a risk of losing customers. In the operation of care facilities, managing reputational risk from reviews is extremely important.

As caregiving deeply involves the privacy of the users, most interactions are one-on-one, and only a few people know what kind of actions have been taken.

In such a closed environment, the trust relationship between the users or their families and the facility is crucial. If a proper trust relationship is not established, misunderstandings can occur, leading to the risk of negative reviews being posted online.

For example, there may be cases where a user with dementia tries to stand up from a wheelchair and falls, and a resentful family member posts a negative review online saying, “The facility named XX is the worst! An accident happened because the staff were slacking off.” People who see such reviews will have a negative impression of the facility.

If bad reviews spread, the number of users may decrease, making it difficult to operate the facility, and in the worst case, there is a possibility of bankruptcy. It is necessary to respond promptly to negative reviews.

How to Remove Negative Reviews

On “Honne of Care”, it is stated that reviews that violate the guidelines may be removed at the discretion of the operator. However, they do not necessarily handle all cases. In this section, we will explain the methods and key points to ensure the removal of malicious reviews.

Removal Request Based on Illegality

You will make a removal request to the court based on illegality. When removing negative posts on the internet, it is common to claim defamation. You will argue that “this post infringes on my right to reputation and should be removed”. The requirements for defamation are as follows:

1. Publicly
2. Indicating the facts
3. Defaming the reputation of a person (organization)

“Publicly” means “to an unspecified number of people”, and postings on the publicly accessible internet are recognized as “expression to an unspecified number of people”.

As for “facts”, for example, a review saying “the staff is unfriendly” is merely an individual’s “impression”, which may vary from person to person, and may not qualify as a “fact” in this context.

On the other hand, if the review says “this facility covered up an accident”, it qualifies as a “fact” if there is clear evidence, but defamation is not established just by writing a “fact”. Review sites exist as a platform for such postings and are considered an effective means of communication to eliminate the information gap between consumers and businesses. It is necessary to judge the illegality considering the interests of both parties depending on the situation. The fact that illegality is not established based on certain reasons is called “illegality obstruction”.

As these issues can be difficult to judge without legal knowledge, we recommend consulting with a specialist lawyer.

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

Removal Request by Provisional Disposition

A provisional disposition is a simplified court procedure. Compared to filing a lawsuit, it allows for quicker removal of reviews. If a malicious review remains public, there is a risk of reputational damage spreading. To minimize the damage, swift action is necessary.

You will request the court to “issue a provisional disposition order to remove the malicious review”. If the order is issued, most review sites will comply with the removal, as it is an order from the court.

However, like a regular lawsuit, a provisional disposition procedure requires legal arguments and the necessity of the procedure must be recognized by the court. As such high-level expertise is required for these arguments, we recommend hiring a professional lawyer.

Identification of the Poster is Also Possible

In a provisional disposition, not only can you remove the post, but you can also proceed with identifying the poster.

In the case of identifying the poster, you first need to request the site operator to disclose the IP address, identify the provider, and then request the disclosure of the sender’s information. Please note that the procedure becomes more complicated compared to removal.

For detailed procedures, please refer to this article.

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

Summary

In an aging society, the number of nursing homes and elderly care facilities is increasing. Many people refer to online reviews when considering these services. Negative reviews, if posted and spread, can potentially harm the reputation and financial status of these facilities.

The most common method to ensure the removal of malicious reviews is to apply for a provisional disposition at the court, requesting deletion. This process requires legal arguments and evidence, and can be challenging without the necessary knowledge or experience.

We recommend seeking the assistance of a specialist attorney promptly to prevent further damage.