Personal Information from the Bankruptcy Map Posted on 5chan! Explaining the Issues and How to Delete

When a person accumulates so much debt that they can no longer repay it and become financially insolvent, they can file a petition with the court to liquidate their assets. This process is referred to as ‘personal bankruptcy’ in Japanese law.

When you declare personal bankruptcy, your name and address are published in the Official Gazette. In the past, there was a site called ‘Bankruptcy Map’ that utilized this information.

In this article, we will discuss the issues and removal methods when personal information of bankrupt individuals from the ‘Bankruptcy Map’ and similar sources ends up being posted on forums like 2channel and 5channel.

Publishing Personal Information of Bankrupt Individuals on the “Bankruptcy Map”

In March 2019, a site called the “Bankruptcy Map” emerged. It collected and databased bankruptcy information from the past 10 years (eventually reduced to 3 years) of the Official Gazette. By clicking on a pin on Google Maps, one could view the address, name, and other information of the bankrupt individual.

In response to this, the Personal Information Protection Commission immediately took administrative guidance to shut down the site, fearing that it might violate provisions such as “personal data should not be provided to third parties without the consent of the individual”.

On the 19th of the same month, the operator apologized on their Twitter account for “causing distress to the parties involved” and shut down the site.

Information Reposted on 5chan Following the Closure of the Bankruptcy Map

Although the Bankruptcy Map has been shut down, information such as the addresses and names of bankrupt individuals has been reposted on 2chan and 5chan, and remains on the internet. While the information is more simplified than what was published in the Official Gazette, there is still a significant risk of identification.

The Problem with Bankruptcy Information Being Publicly Available Online

What legal issues arise when bankruptcy information listed in the Official Gazette or on bankruptcy maps is reposted on sites like 5ch? Let’s delve into this in detail below.

Defamation

Defamation includes both criminal defamation and insult under the Penal Code, and illegal acts under the Civil Code. Here, we will explain with a focus on civil defamation.

Civil defamation is an infringement of the right to reputation, and an illegal act is established as defamation when facts are indicated that lower a person’s social evaluation.

We will examine whether defamation is established when bankruptcy information is reposted on sites like 5ch.

Reposting already public information can also constitute defamation

On this point, the Tokyo District Court ruled on May 16, 2015 (Heisei 27) that “even if the content of the post is the same, the opportunity for viewers to see it increases by being posted again, and a new infringement of rights such as social evaluation occurs,” and recognized the infringement of the right to reputation.

Also, the fact that a person has gone bankrupt is content related to that person’s credit, and it can be seen as lowering that person’s social evaluation if it is indiscriminately made public.

Therefore, even if the information is already public, the act of reposting it can be considered as indicating a fact that lowers the social evaluation of the subject, and there is a possibility that it may constitute defamation.

For more details on the requirements for establishing defamation, please refer to the following article from our firm.

Related article: What are the conditions for suing for defamation? Explaining the requirements and average compensation[ja]

Reposting bankruptcy information listed in the Official Gazette can be illegal

Even if it constitutes defamation, if it pertains to facts related to public interests, and its purpose is solely to serve the public interest, the illegality is denied when there is proof that it is true (or there was a reasonable reason to believe it was true).

In other words, even if bankruptcy information is reposted on sites like 5ch, if there are circumstances like the above, the illegality may be denied.

To consider this point, it is necessary to understand what the Bankruptcy Law is and what the purpose of listing bankruptcy information in the Official Gazette is.

The Bankruptcy Law stipulates the requirements, effects, and means of bankruptcy proceedings, which is one of the debt restructuring procedures.

Bankruptcy Law Article 1
This law aims to appropriately adjust the interests and rights relationships between debtors and creditors and other interested parties by stipulating procedures for the liquidation of the property, etc. of debtors who are insolvent or have excess debts, and to ensure the proper and fair liquidation of the debtor’s property, etc., and to secure the opportunity for the debtor to rehabilitate his/her economic life.

As such, the purpose of the Bankruptcy Law is to “aim to secure the rights of creditors” and “aim to secure the opportunity for debtors to rehabilitate their economic lives”.

The purpose of listing bankruptcy information in the Official Gazette is to encourage creditors to report their claims in the distribution proceedings and to carry out bankruptcy proceedings fairly and promptly, and it is intended solely for the announcement to the parties concerned.

Therefore, even if it is bankruptcy information listed in the Official Gazette, the act of a third party reposting it without permission on sites like 2ch or 5ch cannot be recognized as having publicness or a public interest purpose.

Therefore, the act of reposting bankruptcy information on other sites is likely to constitute an illegal act without the illegality being denied.

Invasion of Privacy

The right to privacy is understood as “the right not to have information about one’s private life indiscriminately made public”.

For a bankrupt person, the fact that they have gone bankrupt and their address and name are information that they generally do not want to be made public, and they can argue that their peaceful private life has been harmed by such information being indiscriminately made public on the internet.

In this case, it is possible to pursue liability for tort under Articles 709 and 710 of the Civil Code and to claim damages.

For more details on the infringement of privacy, please refer to the following article from our firm.

Related article: Online Defamation and Invasion of Privacy[ja]

Hindering the Use of Future Bankruptcy Proceedings

The circumstances leading to bankruptcy vary from person to person. Even if the reason for bankruptcy is the person’s own fault, the bankruptcy and discharge are recognized by the court.

Making people fear that the fact of their bankruptcy will be made public could hinder the use of future bankruptcy proceedings and increase the number of people who hesitate to use the safety net of the bankruptcy system.

If they cannot go through bankruptcy proceedings and fall into a debt hell, there is even a possibility that over-indebted people who have run out of means will choose death.

To prevent the expansion of such social damage, it is crucial to take appropriate measures, such as promptly requesting the deletion of the post, if information is posted on sites or bulletin boards like the bankruptcy map.

How to Remove Personal Information from 2channel and 5channel

So, how should you respond if information about your bankruptcy is made public on 2channel or 5channel?

2channel is Japan’s largest anonymous bulletin board site. However, due to disputes with the site’s operator, the site split into 2channel and 5channel.

2ch.sc is a mirror site (copy site) of 5ch.net, so the content of the posts is basically the same. However, separate posts are also possible, so check the ID display of the post to confirm whether it is on “.sc” or “.net”. If it is “.sc”, it is a post on 2ch.sc, and if it is “.net”, it is a post on 5ch.net.

Even though it has split into two, its influence has not diminished. It is necessary to request deletion promptly, and if you want to identify the person who wrote the post, you need to request disclosure of sender information, just as before.

When requesting deletion, you don’t need to worry about which site the post is on, but when requesting disclosure of sender information, you need to distinguish which site the post is on and decide which one to request. We explain these distinctions and the background in detail in the article below.

Related article: What is the difference between “2channel” and “5channel”? Explanation of the current situation[ja]

Requesting Deletion

In the case of 5channel, you request deletion by email. If you meet the criteria, they are supposed to delete the post in response to an email request, but in reality, it is rare for a post to be smoothly deleted by email.

In the case of 2channel, there is a method of requesting deletion from the administrator using the “Deletion Request Thread”, but if you use the Deletion Request Thread, the content will be “public”.

Because the Deletion Request Thread is public, the fact that you are applying for deletion becomes widely known to third parties, which may attract public attention and risk expanding the damage.

Moreover, deletion is rarely approved. In the case of bankruptcy information, this method should be avoided in particular.

Applying for Provisional Disposition

If you cannot get the post deleted by using email or other means, you will need to apply for a provisional disposition at the court.

For the method and procedure of applying for a provisional disposition, please refer to another article on our site.

Related article: Deletion of 2channel, 5channel, Copy Sites, and Roundup Sites[ja]

Filing a Lawsuit to Request Disclosure of Sender Information

Furthermore, if you want to identify the perpetrator who made the post, you use a procedure called a request for disclosure of sender information. It is a procedure to identify the perpetrator who made the post.

For the method and procedure of requesting disclosure of sender information, please refer to another article on our site.

Related article: What is a request for disclosure of sender information? A lawyer explains how to do it and what to watch out for[ja]

If the lawsuit is approved, the court will issue a judgment ordering the provider through which the article was posted to disclose the name, address, email address, etc. of the contract holder used at the time of posting.

Once the sender information is disclosed and the sender is identified, you can choose and implement measures such as “making a pledge not to make such posts in the future”, “claiming damages”, and “filing a criminal complaint”.

Conclusion: Consult a Lawyer for the Removal of Bankruptcy Information on the Internet

If personal information from the Bankruptcy Map is posted on 2channel or 5channel, it may constitute an infringement of honor rights or privacy rights, and it may be possible to delete the post.

Monolith Law Office is a law firm with high expertise in both IT, especially the Internet, and law. In recent years, overlooking information about reputational damage and defamation spread on the Internet can cause serious damage.

Our firm provides solutions for reputational damage and flame control, so if you have any legal concerns, please feel free to consult with our firm.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the internet, and law. In recent years, overlooking information related to reputational damage and slander spread on the internet can lead to serious harm. Our firm provides solutions for managing reputational damage and online crises. Details are provided in the article below.