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Internet

How Companies Can Request the Removal of Negative Reviews Posted on Job Change Websites

Internet

How Companies Can Request the Removal of Negative Reviews Posted on Job Change Websites

On internet forums, social networking sites, review sites, and the like, users are free to post within the bounds of the terms of service. However, this can sometimes lead to malicious posts causing reputational damage. On this page, we will explain how to get negative reviews removed from job search websites.

What is the Nature of Job Change Websites?

First, let’s consider the nature of the job change websites in question. Job change websites are sites where job information from companies looking to hire mid-career employees is gathered. These sites are operated with the aim of directing users to them, and within the site or as related sites, there are places where users can write reviews about working at certain companies. For example, on the job change review site “Job Change Meeting” operated by Livsense Inc., there is a link to the job change recruitment site “doda” operated by the company on the page where you can view reviews of a certain company. Such job change review sites are operated from the perspective that they can allow people who are considering working to know the raw reviews of people who are working or have worked, fill the gap between the image of the company and the reality, motivate them to change jobs, and as a result, promote job changes.

What Kind of Reputational Damage Can Occur on Job Change Websites?

Unfavorable company reviews on job change websites can potentially lead to reputational damage.

So, what kind of reputational damage can occur on these job change websites? Posts on job change websites can be freely written as long as they do not violate the terms of use. Due to their nature of reflecting raw opinions, there may be reviews that are unfavorable for companies. If these opinions are based on facts, it’s an unavoidable aspect of the site. However, the problem arises when posts contradict the facts. People who read such posts may decide not to apply to the company in question. Naturally, this leads to direct reputational damage as it becomes harder for the company to attract people. As a result, other companies may have an easier time gathering talent, putting the affected company at a disadvantage in terms of human resources. Even if the post is later deleted, if screenshots of the page are taken and spread on social media, the damage could be considered permanent.

Such spread of information can not only affect recruitment, but also potentially lead to loss of trust in the products handled by the company, or in the company itself. In other words, it’s important to recognize that not only can it make recruitment difficult in the short term, but it can also cause long-term damage.

Furthermore, negative reviews on the internet labeling a company as a “black company” or similar can also have a detrimental effect on recruitment activities. We explain in detail how to deal with such situations in the following article.

https://monolith.law/reputation/black-companies-dafamation[ja]

Are there measures to prevent reputational damage in the terms of use of job change sites?

Each job review site has its own terms of use. How are these terms of use preventing reputational damage? Let’s take a look at the case of “Job Change Meeting”, a representative site. First, users are prohibited from spreading false information and defaming other users or third parties (Article 14 of the Terms). Reviews are posted after being checked by the site, but if the posted content is not true, it is supposed to be removed upon request from the company (Article 15) (Article 8). Similar measures are taken on other job review sites as well.

How to Apply for Violation of Terms of Use

So, how should you apply for removal if you receive untrue or defamatory comments from a malicious user? In such cases, you usually make an inquiry about deletion from the inquiry form. If there is a form for deletion requests, you fill it out according to the instructions on the form. Of course, even if you simply convey that “there is a post and it is annoying,” they will not arbitrarily search for which post it is among the vast amount of information. Most sites require a reason for deletion, so you should point out which post it is (URL, post number, content), and how that post violates which terms of use.

For example, if a post about Company A on a job change conference says, “The department manager was embezzling company money,” you would point out that the URL where the post is published and the fact of the post violate Article 14 of the above terms of use. Some, like Vorkers and Lighthouse (formerly “Company Reputation”), have a method of submitting in writing along with a seal registration certificate, a copy of the company register, and something that can clearly state the fact of the damage, a “Notice of Infringement and Request for Transmission Prevention Measures.” Therefore, if such documents are required, you will make a request according to the deletion request form of the site where the post was made.

How to Obtain a Provisional Disposition from the Court and Request Deletion

We will explain the procedure for requesting the deletion of reviews.

One method of requesting deletion is to file a petition with the court.

What is the current situation regarding deletion requests on job review sites?

The above is an example of requesting voluntary deletion from the operators of job review sites. However, not all such requests are granted by the site operators. If we consider the nature of review sites, if they complied with all deletion requests simply because of negative reviews, the site would become devoid of negative evaluations that users should be aware of. This would render the site useless, and no one would use it. Therefore, the likelihood of voluntary deletion requests being granted is very low. For example, in the case of the “Job Conference” mentioned above, the current situation is that only a fraction of a percent of requests are granted, depending on the time. Therefore, using the site’s deletion request feature is not very realistic.

Filing a Petition with the Court and Obtaining a Provisional Disposition

Therefore, you should consider requesting the deletion of reviews through legal means. Legal requests for review deletion are made by filing a petition with the court and obtaining a provisional disposition. In order to obtain a provisional disposition, it is necessary that a right to be protected (the right to be preserved) is being infringed. Specifically, the post must be infringing on the legal rights of the company. The most likely scenario on a job review site is defamation. We explain in detail what constitutes defamation in the following article.

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

In summary, defamation is established by:

  • Publicly
  • Indicating facts
  • That defame a person’s reputation

Therefore, during the provisional disposition, we identify that defamation has occurred due to the post.

Understanding the Overview of the Provisional Disposition Procedure

The application for a provisional disposition to the court is made by submitting a petition and evidence. The petition is filed with the court that has jurisdiction over the domicile of the administrator or the victim who is the petitioner. The petition should include information about the parties involved, the infringed rights (such as defamation), and the reasons why deletion should be expedited. This petition is accompanied by a list of the articles to be deleted, evidence, and a copy of the commercial register if the other party is a corporation. Once the petition is filed, an interview with the petitioner is conducted by the court, and the details are explained to the judge.

Afterwards, a bilateral examination date is set to hear from both parties, and the court makes the final decision on whether to accept the deletion request. In some cases, the court may order the provision of security, in which case you will need to deposit money with the Legal Affairs Bureau. When making a deposit, you create a deposit certificate, and you will receive a copy of it, which you submit to the court. After that, a provisional disposition order is issued, and you receive a certified copy of the decision, which you send to the site administrator to request deletion. The deletion process can take about one to two months if the procedure goes smoothly.

We explain the procedure for deleting articles in the event of defamation or rumor damage in the following article.

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

Summary

In this page, we have discussed the methods of removing negative reviews about a company posted on job search websites. Due to the nature of reviews, they cannot be immediately removed just because they are negative. However, if they are false or defamatory, they can be removed. Whether you are claiming a violation of the terms of use and requesting the site to remove the review, or applying to the court for a provisional disposition, it is necessary to proceed in an appropriate manner. It is advisable to consult with a lawyer to smoothly proceed with the removal request.

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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