How to Remove Malicious Reviews on Rakuten Market
Rakuten Ichiba is an online shopping site. A wide variety of products, including food and home appliances, are sold on Rakuten Ichiba. The site features a review and word-of-mouth function, allowing users to write and check reviews about products. Among these reviews, there may be negative ones such as, “I was dealing with store manager A (real name) about a return, but they were rude and really annoying,” or “I received a product completely different from what I ordered, and they didn’t handle the return.” In such cases, there is a risk that users searching for products on search engines like Google or on Rakuten Ichiba may come across these negative reviews. If negative reviews are posted on Rakuten Ichiba, is it possible to request the removal of such reviews? Also, in what cases would it be better to consult a lawyer?
What is Rakuten Ichiba?
Rakuten Ichiba is an online marketplace where a wide range of products, from food to home appliances, are sold. Users can purchase these items online. Rakuten Ichiba also features a review and rating system, allowing users to make purchasing decisions based on these reviews. However, there is a risk that if negative reviews are posted on Rakuten Ichiba, users who are searching for products to purchase on search engines like Google or on Rakuten Ichiba itself may see these reviews and decide not to buy the product.
Understanding Negative Reviews Posted on Rakuten Market
When you search for a product on Rakuten Market, you can see the product’s photos, basic information, and reviews. Among these reviews, there are negative ones. What kind of negative reviews are posted on Rakuten Market’s products? Below are some examples of possible negative reviews.
Reviews Criticizing the Store Manager by Name
This refers to reviews such as “I was dealing with Store Manager A (real name) about a return, but he was rude and really annoyed me.” There may have been a misunderstanding between the online store manager and the user, leading to such a negative review. If such a negative review is posted, the online store may suffer adverse effects, such as a decrease in sales.
Reviews Criticizing the Shop for Mistakes in Ordered Products
This refers to reviews such as “I received a completely different product from what I ordered, and they didn’t handle the return.” If the shop shipped a different product and didn’t handle the return, that’s a problem. However, there’s also a possibility that the user mistakenly ordered and didn’t realize it, and the shop was not at fault. In such cases, if a review stating “I received a completely different product from what I ordered, and they didn’t handle the return” is posted, the online shop may suffer damage, such as a decrease in the number of orders and sales.
Other Groundless Defamation and Rumor Damage Posts, etc.
There is also a possibility that reviews may be posted on Rakuten Market that go beyond the scope of word-of-mouth and reviews about online shops and products, and amount to defamation and rumor damage against specific online shops and products. Such malicious reviews should be deleted, just like defamatory and rumor-damaging posts on anonymous bulletin boards like 5channel. For information on how to request the deletion of posts on 5channel (formerly 2channel), please refer to the article below.
https://monolith.law/reputation/deletionrequest-for-2chand5ch[ja]
How to Request Removal for Violations of the “Everyone’s Review” Terms of Use and Posting Guidelines
If you find a post on Rakuten Market’s “Everyone’s Review” that you believe violates the Terms of Use or Posting Guidelines, you can report it by clicking on “Report Inappropriate Review” at the bottom right of the review.
When you click on “Report Inappropriate Review” at the bottom right of the review and log in to Rakuten Market, the following screen will appear, allowing you to report the inappropriate review to Rakuten.
According to the notes on the above screen, if a review is reported for the following reasons, measures such as deletion may be taken without prior notice to the reviewer or user.
- Content that defames others
- Multiple posts of the same content made maliciously by the same person
- Content for commercial advertising purposes
- Content that violates laws or public order and morals
- Content that infringes on personal information, other people’s rights, or privacy
- Other content that Rakuten deems inappropriate
The actions prohibited by Article 5 (Prohibited Actions) of the “Everyone’s Review” Terms of Use on Rakuten Market are as follows.
(1) Posting a review that includes the following content
Article 5 of the “Everyone’s Review” Terms of Use (excerpt)
・Content that defames our company, service providers, or third parties
・Content that leads to or promotes criminal activity
・Content that violates laws
・Content that includes commercial advertising purposes
・Content that includes specific political or religious claims
・Content that unjustifiably damages the reputation of the service provider or causes credit anxiety
・Content that infringes or may infringe on the copyright, honor, privacy, or other rights of our company, service providers, or third parties
・Content that includes discriminatory expressions
・Vulgar, harmful, crude, or other content that causes disgust to others
・Other content that violates public order and morals
・Other content that our company deems inappropriate (omitted)
According to Article 5, Paragraph 2 of the “Everyone’s Review” Terms of Use[ja], Rakuten Inc. is allowed to take measures such as deletion of reviews that violate the above.
Also, according to the posting guidelines, posts that defame others or posts that contain information that can identify individuals are prohibited.
The review in the above example, “I was dealing with store manager A (real name) about a return, and he was so rude and really pissed me off,” seems to be reportable as it falls under “Article 5, Paragraph 1(1) of the “Everyone’s Review” Terms of Use (omitted) that infringes or may infringe on the copyright, honor, privacy, or other rights of our company, service providers, or third parties” and “Posting information that can identify individuals” in the Posting Guidelines 1.
Examples of Removal Requests Based on Illegality
For the “Everyone’s Review” Terms of Use Article 5, Paragraph 1, Item (1), “Infringing or potentially infringing on the copyrights, reputation, privacy, or other rights of our company, service providers, or third parties…”, it is necessary to consider defamation (infringement of the right to reputation). The requirements for defamation are as follows:
- Publicly
- Pointing out facts
- Defaming someone’s reputation
For example, if a review is written stating, “I received a completely different product from what I ordered, and they did not handle my return,” then:
- The statement “I received a completely different product from what I ordered, and they did not handle my return” has a specific meaning,
- The act of shipping a different product from the order and not responding to a return request is subject to certain legal regulations, and being perceived as an online shop that engages in such behavior is disadvantageous for the shop in question,
- The shop in question does handle returns if they mistakenly deliver a product different from the order,
These are the arguments that would be made. However, even if the three requirements for defamation are met, if the following conditions are met, defamation does not occur, so please be careful.
- There is public interest
- There is public benefit
- It is true or the truthfulness is recognized
Not only the above example, but also other slanderous reviews and rumor damage reviews need to be considered whether they constitute defamation. However, removal negotiations based on such legal arguments and discussions may be difficult if you are not familiar with the law. Consulting with a lawyer with extensive expertise may increase the likelihood of smooth removal. The requirements for defamation are explained in detail in the following article.
https://monolith.law/reputation/defamation[ja]
Removal by Provisional Disposition
If you report an inappropriate review on Rakuten Market through their reporting form and the review is not removed, you can also request removal through the courts. Reviews on Rakuten Market can be removed not only through litigation but also through a procedure called provisional disposition. Litigation often takes about 3-12 months to proceed smoothly, and it can sometimes extend over a year. On the other hand, a provisional disposition, if requested through a lawyer experienced in handling reputational damage, often concludes within 2-3 months from the request to removal, making it a speedy process. The flow of a provisional disposition is as follows:
- Filing for provisional disposition
- Examination
- Payment of security deposit
- Issuance of provisional disposition order
- Execution
In the case of a provisional disposition, it is necessary to submit not only legal arguments but also evidence to support those arguments. For example, if a review is posted stating, “I received a completely different product from what I ordered, and they did not handle my return,” you would need to:
- Submit records of the relevant order
- Provide manuals related to return/exchange procedures
as evidence, and argue that “The online shop in question properly ships the ordered products, and in the unlikely event that a different product is shipped, they handle returns and exchanges.” However, making such arguments and proving them may be difficult without the assistance of a lawyer. For more details on provisional disposition for removal, please refer to the article below.
https://monolith.law/reputation/provisional-disposition[ja]
Identification of Posters through Provisional Dispositions
If there have been numerous posts over many years that amount to baseless defamation or damage to reputation, you can request a lawyer to initiate a procedure called a disclosure request for sender information. This procedure is stipulated in Article 4, Paragraph 1 of the Japanese Provider Liability Limitation Act. Through this procedure, you can request the disclosure of information such as the IP address, name, and address of the person who has posted defamatory reviews or reviews that cause damage to reputation. On Rakuten Market, there may be individuals who harbor negative feelings towards specific online shops, staff, or products, and post reviews that amount to baseless rumors or defamation. In such cases, if the information such as the poster’s IP address is known, it may be possible to identify the poster. The procedure for identifying the sender is as follows:
- Request for information disclosure to the content service provider
- Application for provisional disposition for disclosure of sender information
- Identification of the transit provider
- Application for provisional disposition to prohibit deletion of sender information to the transit provider
- Lawsuit for disclosure request of sender information
- Identification of the sender based on the court’s judgment
If you are able to identify the poster through the above procedures, you can claim damages from the poster for the attorney’s fees and compensation for emotional distress incurred in identifying the poster. For more details on the disclosure request for sender information, please refer to the following article.
https://monolith.law/reputation/disclosure-of-the-senders-information[ja]
Summary
Rakuten Ichiba is a convenient online shopping site where you can purchase products from various genres. Users can also post reviews and comments about products and online shops, allowing them to consider their purchases based on real information. However, there is a possibility that defamatory reviews or rumor damage reviews based on misunderstandings or malice may be posted. If you believe a review violates the “Everyone’s Review” terms of use or posting guidelines, you can report it as inappropriate. However, if the review is not removed even after reporting, there may be cases where it is better to request deletion or identify the poster through the court. Legal claims such as defamation may be difficult to handle alone without the help of a lawyer. If you are troubled by defamatory reviews or rumor damage reviews on Rakuten Ichiba, it is important to consult with a lawyer who has extensive expertise.
Category: Internet
