What is the Legal Responsibility for Spreading False Information? Explaining Two Types of Criminal Liability Through Arrest Cases
On January 1, 2024, a major earthquake struck the Noto Peninsula in Ishikawa Prefecture, causing extensive damage. The swift recovery of the affected areas is eagerly awaited. Along with the situation in the disaster-stricken areas, what spread on social media were “false rumors.” In July 2024, a 25-year-old man was arrested for obstruction of business by deceit for making false rescue requests on social media platform X during the Noto Peninsula earthquake.
Rumors that can lead to social chaos. The motivation for spreading rumors may be to attract attention on the internet, but there are also instances of rumors spread by pranksters who simply enjoy the confusion. In the past, various rumors were born and spread during the COVID-19 pandemic. During major natural disasters such as earthquakes, the spread of incorrect information can even lead to situations that endanger human lives.
What legal responsibilities are involved in the spread and dissemination of rumors? Here, we will explain while introducing actual examples of rumors.
Criminal Liability Associated with the Spread of False Information Under Japanese Law
Spreading false information could potentially constitute two types of crimes.
The reason for saying “potentially” is that there is no law in current Japanese legislation that directly prohibits or punishes the act of spreading false information. Even if it leads to social confusion, one will not be arrested or penalized simply on the suspicion of spreading false information.
However, it is a different matter if the spread of false information results in the infringement of someone else’s rights.
In this article, we will focus on explaining the criminal penalties for two specific offenses:
- Crime of Defamation / Fraudulent Obstruction of Business
- Defamation of Character
We will explore under what circumstances these crimes are established.
Crimes of Defamation and Obstruction of Business by Deception Under Japanese Law
Under the Japanese Penal Code, crimes of defamation (Article 233, first half) and obstruction of business by deception (same article, second half) are established.
“A person who, by spreading false rumors or by deception, damages another person’s reputation or obstructs their business, shall be punished by imprisonment for not more than three years or a fine of not more than five hundred thousand yen.”
Penal Code Article 233
These provisions protect the ‘reputation’ and ‘freedom of business activities’ of both individuals and corporations.
Here, ‘spreading false rumors’ refers to disseminating information or rumors that contradict objective facts to an unspecified or large number of people. ‘Deception’ means to deceive someone or to take advantage of someone’s error or ignorance.
Let’s examine an actual case where someone was charged with the crime of obstruction of business by deception. As mentioned earlier, this crime is established by ‘using deception’ in addition to ‘obstructing business’.
‘Business’ includes not only profit-oriented commercial businesses but also non-profit activities (such as volunteer work, club activities, alumni associations, and local community associations). ‘Obstruction’ refers to the occurrence of a situation that could potentially interfere with business operations. It is considered an ‘obstruction’ not only when actual interference with business operations occurs but also when a situation arises that could potentially interfere.
In the aftermath of the 2016 Kumamoto earthquake, a man was arrested for obstruction of business by deception for spreading a false rumor that “lions had escaped from the zoo.” The man was later given a non-prosecution disposition (suspension of indictment).
The arrested man had posted a photo of a lion walking through an urban area on X (formerly Twitter) immediately after the Kumamoto earthquake, with the caption “Hey, this isn’t funny, a lion has been let loose from the nearby zoo because of the earthquake in Kumamoto.”
Since no lions had actually escaped, the above post contradicts objective facts. Furthermore, since X (formerly Twitter) is a platform where content can be disseminated to an unspecified large number of people online, the man’s act is recognized as ‘spreading false rumors’.
Additionally, this post was reposted over 20,000 times, and the Kumamoto City Zoological and Botanical Gardens received over 100 inquiries, leading to a situation where inspections of the animal enclosures and other facilities could not be conducted smoothly.
Therefore, it can be said that the man obstructed the business of the Kumamoto City Zoological and Botanical Gardens with the aforementioned post, and it was judged that the crime of obstruction of business by deception was established.
Defamation Under Japanese Law
Any person who publicly presents facts and thereby damages the reputation of another person, regardless of the truth of those facts, shall be punished by imprisonment with work for not more than three years or a fine of not more than five hundred thousand yen.
Japanese Penal Code, Article 230
This crime is designed to protect the honor of individuals. The term “honor” here refers to a person’s social evaluation.
“Publicly” means that the facts presented can be recognized by an unspecified or large number of people. Furthermore, “facts” refer to specific facts that can lower a person’s social evaluation.
Moreover, “honor” is sufficient if it pertains to factual social evaluation about a person, and “defamation” is sufficient if it involves publicly presenting specific facts that lower a person’s social evaluation. It is not necessary for the honor to be actually and concretely infringed upon.
Let’s now look at an actual case of arrest for the crime of defamation. A man was arrested on suspicion of defamation for posting false information on Facebook, claiming that a conveyor belt sushi restaurant’s product was contaminated with a foreign object.
The man claimed that after eating sushi at a certain store, he found a red piece of glass mixed in and “cut his mouth.” When his family reported this on social media, the post spread, causing ripples and raising questions about its veracity.
Following these posts, police and public health inspectors conducted an investigation and confirmed that “there was no evidence of contamination.”
In this case, the man’s post publicly presented the “fact” that the sushi was contaminated with a foreign object on social media. As a result, the sushi restaurant’s “honor” was “damaged,” which could establish the crime of defamation.
What Happens If You Believed a Falsehood to Be True?
So, what happens if the person who disseminated the falsehood believed it to be true?
In cases where the act mentioned in the preceding paragraph pertains to facts related to the public interest, and the sole purpose was deemed to be for the public good, if it can be proven that the facts were true, then the act shall not be penalized.
Article 230-2, Paragraph 1
In addition to Article 230-2, Paragraph 1, according to a Supreme Court decision dated June 25, 1969 (Showa 44), even if the truth cannot be proven, if it can be demonstrated that there was a reasonable basis for the belief in light of reliable information and evidence, then the intent to commit a crime is absent, and it is appropriate to interpret that no defamation crime has been established.
However, if the mistaken belief lacks “a reasonable basis in light of reliable information and evidence,” the individual may still be held responsible. Therefore, it is advisable to communicate with caution.
Can Deleting False Information Still Leave You Legally Liable in Japan?
Even if you realize that a post contains false information and delete it, this does not absolve you from potential criminal liability under Japanese law.
Crimes such as fraud and defamation can be established even if no specific harm has occurred, as the act itself poses a risk of causing harm. Therefore, hastily deleting a post after it has caused significant confusion, damage, or has gone viral will not be meaningful.
Furthermore, once a post is made on the internet, deleting your account or the social media app will not erase the logs of IP addresses and subscriber information held by providers, making it possible to identify the poster. The belief that ‘I’m safe because I used an anonymous social media account’ or ‘There’s no evidence left because I deleted the app’ is misguided. Careless posting is not advisable.
Legal Responsibility for Spreading False Information on Social Media in Japan
On social media platforms like X and Facebook, features such as “repost” and “like” allow for the easy spread of information. However, this convenience also carries the risk of sensational false information rapidly proliferating.
So, what legal responsibilities do individuals face if they are not the originators of the false information but have contributed to its spread?
To put it simply, even those who inadvertently assist in the dissemination of false information can be held legally accountable.
In a second-instance civil litigation case in Japan, former Osaka Prefecture Governor Toru Hashimoto successfully claimed defamation against a journalist who had reposted (formerly known as retweet) a tweet about him on the old Twitter (now X).
The case revolved around the legal responsibility of the person who “spread” rather than “posted” the information. The court pointed out that if someone reposts a tweet that could diminish another person’s social reputation, the reposter, unless there is a reason to exclude illegality, bears tort liability regardless of the context, intention, or purpose. The court then determined that the original tweet was defamatory towards Mr. Hashimoto and that the journalist who reposted it was negligent.
As this case illustrates, even the simple act of spreading information with a single tap on social media can potentially lead to legal consequences.
How to Respond to Reputational Damage Caused by False Rumors Under Japanese Law
Reputational damage refers to harm caused by baseless rumors, particularly when it leads to economic or social damage, as defined by “Daijisen” (a Japanese dictionary). Companies in Japan can suffer reputational damage due to the spread of false information.
Even if a post containing false information is deleted from the internet, the provider may store logs, including the IP address and other information about the poster, for a certain period. It is sometimes possible to identify the poster from this information.
Identifying the poster allows for the possibility of filing a criminal complaint or seeking damages through civil litigation. Our article below provides a detailed explanation of how to respond when you encounter reputational damage in Japan.
Related article: What is Reputational Damage? An Easy-to-Understand Guide to Responding to Harm
Conclusion: Consult a Lawyer for Defamation and Reputational Damage
False information on social media can cause serious social confusion, especially during disasters. Even a casually posted message can lead to criminal charges for defamation, credit damage, or obstruction of business by deception. Similarly, spreading false information can potentially result in the same criminal charges.
Given the ease of disseminating information on social media, it is crucial to exercise caution when sharing content. The more sensational the information, the more important it is to verify the facts before posting, by consulting reliable sources such as news reports and government announcements.
Guidance on Measures Provided by Our Firm
Monolith Law Office is a law firm with extensive experience in both IT, particularly the internet, and legal matters. In recent years, overlooking information related to reputational damage and defamation spread online can lead to serious consequences. Our firm offers solutions for managing reputational risks and handling online crises. Please refer to the article below for more details.
Areas of practice at Monolith Law Office: Reputational Risk Management for Listed Companies and Others
Category: Internet
