How to Request the Deletion of Posts on 5chan (formerly 2chan)
“2channel” was established in 1999 as a personal website by Hiroyuki Nishimura, known as “Hiroyuki”.
By 2009, the user population had exceeded 11 million, making it the largest anonymous electronic bulletin board in Japan. However, as it grew, various people began to post, and it became a bulletin board where many threads and posts with strong defamatory content gathered.
Due to its strong domain power, when negative content about individuals or companies is posted on “2channel”, it tends to rise to the top of search results, which has often been problematic. Defamation against oneself or one’s company remains in the past logs of the bulletin board indefinitely, and this appearing in search results has caused continuous damage. There are not a few consultations about whether it is possible to somehow erase this.
2channel (2ch.sc) and 5channel (5ch.net)
The Emergence of the Two Sites
Originally, there was only one 2channel. However, in 2014, after the effective management rights of the site were transferred to Mr. Jim Watkins, a rights dispute arose between him and Mr. Hiroyuki Nishimura. As a result, the original “2channel” became “2channel (2ch.net)”, and the “2channel” newly established by Mr. Nishimura became “2channel (2ch.sc)”. Thus, there came to be two “2channel” sites.
During this rights dispute, in Japan, the trademark rights were held by Mr. Nishimura personally, while the registration authority for the “2ch.net” domain was managed by “Race Queen Inc”, the management company of “2ch.net”. This created a complex situation where the trademark rights and domain management authority were separated.
Subsequently, Mr. Watkins transferred “2channel (2ch.net)” to “N.T. Technology Inc.”. To avoid unnecessary disputes over rights, the company changed the name to “5channel” and also changed the domain name to “5ch.net”.
As a result,
- 2channel (2ch.sc) is operated by “PACKET MONSTER INC, PTE.LTD” (a Singaporean corporation)
- 5channel (5ch.net) is operated by “Loki Technology Inc” (a Philippine corporation)
These are the current operators. The details of these circumstances are explained in detail in the following article.
https://monolith.law/reputation/difference-between-2ch-and-5ch[ja]
Distinguishing Between Posts on the Two Sites
2channel (2ch.sc) is a mirror site (copy site) of 5channel (5ch.net), so the posts are basically the same. However, separate posts are also possible.
How to Distinguish Between Posts
Look at the ID display of the bulletin board posts and see whether the end is “.net”.
The IDs assigned to posts on 2channel (2ch.sc) are, as shown in the image above, either those that do not end with “.net” or those that do.
- If it does not end with “.net”, it is a post on 2channel (2ch.sc)
- If it ends with “.net”, it is a post on 5channel (5ch.net) that has been reprinted on 2channel (2ch.sc)
You can distinguish them in this way.
It is Necessary to Distinguish Between Posts When Making a Disclosure Request
Even though there are now two sites, 2channel (2ch.sc) and 5channel (5ch.net), their influence has not diminished. If you find a post that defames you or your company, you should promptly request its deletion. If you want to identify the individual who posted the defamation on the bulletin board, you need to make an IP address disclosure request (sender information disclosure request), just as before.
When making a deletion request, you don’t need to worry about this distinction. You simply need to make a deletion request to the site where you want to delete the defamatory post. However, when making an IP address disclosure request (sender information disclosure request), you need to distinguish which bulletin board the post is on and decide which one to request. In other words, posts with an ID ending in “.net” are,
- Firstly, made to 5channel (5ch.net)
- Then reprinted on 2channel (2ch.sc)
Therefore, only 5channel (5ch.net) holds the poster’s IP address. If you make an IP address disclosure request to 2channel (2ch.sc), it turns out that 2ch.sc does not hold the poster’s IP address in the first place. Many of the cases we consult on involve confusion between the two, so caution is needed.
Also, in the case of “copy sites” and “roundup sites” that are based on posts from 2channel and 5channel, the story is different. These are explained in detail in the following article.
https://monolith.law/reputation/delation-of-scraping-site-roundup-website[ja]
Three Methods for Requesting Deletion on 5channel (5ch.net)
As mentioned above, 2channel (2ch.sc) is a mirror site (copy site) of 5channel (5ch.net). Therefore, we will first explain how to request the deletion of defamatory or negative posts on 5channel (5ch.net). Requests for deletion of posts in current threads or past logs on 5channel (5ch.net) are made as follows.
Firstly, the deletion guidelines of 5channel (5ch.net), known as the “5channel Deletion System,” outline three deletion systems for deletion requests via email.
Request for Deletion via Email
How to Write a Deletion Request Email
Emails requesting deletion should be sent to the following address: [email protected][ja].
When sending an email, please follow the guidelines set by 5ch.net for the subject, content, and attachments of the email.
When raising an objection, please include the following:
5ch.net Deletion System (http://qb5.5ch.net/saku2ch/[ja])
Subject: Deletion Objection
Content: URL
Response Number
Reason for Objection
If there are any materials to support your reason, please attach them
Materials for identity verification
These should be attached to the email
In your deletion request email, we recommend that you describe in as much detail as possible which posts correspond to which infringing actions (such as defamation, privacy infringement, etc.).
Also, when applying via email, you will be asked to submit materials for identity verification (such as a driver’s license or insurance card), so please remember to attach them.
Deletion Criteria on 5ch.net
You may find it a bit difficult to understand what exactly constitutes an “infringing action” to be included in the deletion request email. The “Deletion Criteria” set by 5ch.net are as follows. If you’re not sure what to write after looking at these criteria, you might consider consulting with an expert before sending the email.
Deletion will be determined based on whether or not the requested article can be handled.
5ch.net Deletion System (http://qb5.5ch.net/saku2ch/[ja])
1. Honor
Those that indicate facts that lower the social evaluation of an individual or corporation.
2. Privacy
Those that can be judged to infringe on an individual’s privacy, such as combinations of a person’s name (even initials that identify an individual), address, family names, phone numbers, etc.
3. Interest in living peacefully
Those that threaten harm to others.
For malicious death threats, they may be made public on the bulletin board.
4. Information with a realistic danger of causing harm to society
For example, methods of making bombs, information suggesting drug trafficking
As such, if the content of the post meets the criteria, such as defamation that infringes on the right to honor, it is supposed to be deleted upon request by email. However, in reality, it is rare for posts to be smoothly deleted even if a deletion request is made by email, and even if deletion does occur, it often happens quite some time after the email has been sent.
Also, please note that the target for deletion is basically on a response-by-response basis, whether it’s a current thread or a thread in the past log. In other words, you can make a deletion request for individual responses, such as “This response is defaming me and infringing on my right to honor,” but you generally cannot make a deletion request like “The entire thread is infringing on the right to honor, and I want the thread itself, which includes defamatory responses, to be deleted.”
Furthermore, it is stated that “In the case of information related to crimes and information related to corporations, as a rule, a provisional disposition is obtained through legal proceedings, and a judicial decision is awaited.” Also, “Deletion of records of past convictions and criminal history” will not be handled even if you send an email requesting deletion.
https://monolith.law/reputation/deletion-method-pastlog-of-5ch[ja]
Also, the following article explains how to request the disclosure of IP addresses related to posts on 5ch.net.
https://monolith.law/reputation/ip-address-disclosure-request-for-5ch[ja]
Provisional Measures by the Court
If your request for deletion via email is not met, or if you are dealing with a corporation, you may need to apply for provisional measures in court. Most likely, by this stage, you would consult with a lawyer, but let me briefly explain the process.
https://monolith.law/reputation/provisional-disposition[ja]
In a lawsuit against Loki Technology Inc, the operator of 5channel (5ch.net), it is necessary to obtain a decision for a provisional injunction for deletion against the Philippine corporation.
Even if the corporation is overseas, you can file for provisional measures in Japan, but you will need a certificate of qualification for the Philippine corporation. This certificate can only be mailed within the Philippines, so you will need to request it from a lawyer or similar professional in the Philippines.
Loki Technology Inc does not have an office in Japan, nor does it have a main business representative. Therefore, the jurisdictional court would be the court that governs the plaintiff’s address in the case of a deletion request, and the Tokyo District Court in the case of a request for disclosure of sender information. If you do not live within the 23 wards of Tokyo, a different court would have jurisdiction.
https://monolith.law/reputation/jurisdiction-of-judgement[ja]
The Philippines is not a party to the “Service Convention” or the “Convention on Civil Procedure,” so it cannot directly request the service of documents related to civil litigation. All mail is sent via the Philippine Central Authority, so document exchanges would normally take several months. Therefore, in the case of a request for disclosure of sender information, you would seek the issuance of a provisional injunction without holding a bilateral examination. Currently, the Tokyo District Court does not require the translation of documents or service to the Philippines in cases involving only a request for disclosure of sender information.
On the other hand, in the case of a deletion request, a bilateral examination is required as no examination is allowed, so you must translate the application and submit it to the court, and go through the service process. In most cases, when you make a deletion request, sending a PDF of the original provisional injunction decision to the address used for the deletion request is considered service, and they will respond to the deletion.
Deletion Request by a Lawyer
The “5channel Deletion System” includes the following case:
3. Requests from lawyers recognized by 5channel
5channel will, in principle, respond to requests from lawyers who have been recognized as having a legal mind that respects freedom of expression, based on past requests received by 5channel, provided there are legitimate reasons.
In other words, 5channel (5ch.net) will sincerely respond to deletion requests from lawyers who understand the basic principle that “freedom of expression should be guaranteed to the maximum extent” on 5channel (5ch.net), considering the balance between “freedom of expression” and “infringement of rights”, rather than making deletion requests indiscriminately. In other words, if you consult with a “lawyer recognized by 5channel” and have them make a deletion request on your behalf, there is a high possibility that they will respond to the deletion request, even outside of court.
However, if you are seeking a request for disclosure of IP address, in other words, a request for disclosure of sender information, you have no choice but to sue in court.
Two Methods for Requesting Deletion on 2channel (2ch.sc)
Next, we will explain the methods for requesting deletion on 2channel (2ch.sc). Similar to the case with 5ch.net, the process is essentially the same whether the thread is current or from the past.
Using the Deletion Request Thread Yourself
On 2channel (2ch.sc), there is a method of requesting deletion from the administrator by using the “Deletion Request Thread”. Deletion requests through individual emails or other means are not accepted.
There are two types of deletion request threads: the regular deletion request thread and the dedicated thread for important deletion targets.
The regular deletion request thread is used when an individual’s name, address, affiliation, phone number, email address, or private information has been exposed. It should be noted that individuals and corporations are clearly distinguished, and the personalityistic of 2ch.sc is that “corporations are generally ignored”.
The dedicated thread for important deletion targets is used in cases such as:
- When important personal information such as an individual’s name or address has been exposed
- When discriminatory remarks have been made
- When a provisional disposition order has been issued by a court
- When a request for trolling has been made
Please note that unlike applying by email, using the deletion request thread means that the content will be “public”. Since the deletion request thread is public, the fact that you are applying for deletion will be widely known to third parties.
Therefore, by requesting deletion, you may attract public attention and generate further defamation, potentially expanding the damage or even causing a “re-ignition” if the situation was already inflamed. Moreover, even if the content is clearly defamatory to the person involved, deletion is rarely granted. Therefore, we recommend consulting with a specialist before posting on the deletion request thread.
Provisional Disposition in Court
Although we believe there are few people who would attempt to carry out a provisional disposition on 2channel (2ch.sc) on their own without consulting a specialist, we will briefly explain the procedure.
Since 2channel (2ch.sc) is operated by the Singaporean corporation PACKET MONSTER INC, PTE.LTD, you will need to request a certificate of qualification from Singapore.
In Singapore, commercial registration is managed by the Accounting and Corporate Regulatory Authority (ACRA), and requests can be made online. After completing the procedure and paying the fee, a PDF of the certificate of qualification will be sent to the registered contact address.
As for the jurisdiction of the court, since 2channel (2ch.sc) provides services in Japanese for Japanese people, it falls under the category of “those conducting business in Japan”. Currently, Mr. Hiroyuki Nishimura is the main business operator. His address was in Chiyoda Ward, Tokyo until May 2015, after which he moved to France, and his whereabouts since then are unknown. Therefore, the jurisdiction falls under the Tokyo District Court. Given these circumstances, you will need to create a document in the form of a “petition” stating that “although the operator of 2channel (2ch.sc) is a foreign corporation, provisional dispositions for the deletion of posts on 2channel (2ch.sc) and requests for disclosure of IP addresses should be conducted in Japan”.
The principle of provisional disposition applications is bilateral examination. However, since it takes time to summon PACKET MONSTER INC, PTE .LTD, you will petition the court to issue a provisional disposition order without examination. This also requires the creation of a document in the form of a “petition”.
Once the deletion provisional disposition is decided, you will upload a file of the decision original in PDF format to a paid server. Since the decision original will be made public on the bulletin board, you should consult with a lawyer and black out any personal information you do not want to be known in advance.
Access the “Deletion Request Board” and enter the necessary information such as the target division (judgment/order), case number, applicant, email address, deletion target address, and reason for deletion (deletion provisional disposition decision). In the case of a sender information disclosure request, access the “Office Board” and enter the necessary information in the same way as a deletion request.
In the case of deletion, a volunteer operator will post “Deleted” in the thread where the deletion request was made. In the case of a sender information disclosure request, the sender’s information will be disclosed on the “Regulation Information Board”. Once you have obtained the IP address and timestamp, you will make a sender information disclosure request to the Internet provider.
Provisional Dispositions in Court are Feasible with the Right Know-How
As we have discussed in this article, websites like 2channel (2ch.sc) and 5channel (5ch.net) have certain ‘quirks’ when it comes to methods for requesting deletion or disclosure of IP addresses. If you attempt to navigate these procedures without prior experience or know-how, it can be quite challenging. Moreover, minor mistakes can lead to wasted effort or even risk causing a so-called ‘re-ignition’ of the issue.
However, these procedures are not necessarily difficult for those with experience and know-how. Based on our practical experience from past cases, we can say that using provisional disposition procedures in court for post deletion against sites like 2channel (2ch.sc) and 5channel (5ch.net) can often be ‘easier’ compared to other sites. For instance, provisional dispositions against 2channel (2ch.sc) can be conducted ‘without examination’.
- Normally, when seeking deletion through a court, both the party seeking deletion and the site operator exchange documents, and the court/judge determines ‘which argument is correct’
- In the case of 2channel (2ch.sc), as it is ‘without examination’, the operator does not counter-argue. The party seeking deletion unilaterally submits documents, and the court/judge determines ‘whether their argument is correct’
Therefore, there tends to be a higher likelihood of deletion being approved. If you can legally justify and prove cases of infringement on rights to honor or privacy, deletion from 2channel (2ch.sc) and 5channel (5ch.net) is by no means impossible.
https://monolith.law/reputation/defamation[ja]
https://monolith.law/reputation/privacy-invasion[ja]
Furthermore, in the case of bulletin board sites like 2channel (2ch.sc) and 5channel (5ch.net),
- Often, only a URL is posted on the bulletin board with the intent of ‘look at this article’
- The problematic content is written at the linked destination
In such cases, there are issues of ‘illegality of the link’. We explain this point in detail in the following article.
https://monolith.law/reputation/hyperlinks-and-defamation[ja]
Summary
Large-scale bulletin boards such as 2channel (2ch.sc) and 5channel (5ch.net) are sites that attract a lot of attention on the internet, and the information posted on them can easily spread. Therefore, it is desirable to remove defamatory content and personal information as quickly as possible.
Of course, as we have introduced in this article, there are cases where you can request deletion on your own and resolve the issue. However, consulting with a lawyer not only reduces the risk, but also potentially keeps costs down and shortens the time it takes to delete the content. If you want to delete the content as soon as possible or definitely identify the individual at Tokyo Company, we recommend consulting with a specialist at an early stage.
Also, there may be some people who have given up, thinking that “it’s difficult to delete articles from 2channel (2ch.sc) and 5channel (5ch.net)” or “so even if defamatory content is posted on the bulletin board, it can’t be deleted”. It’s important to first consult with a lawyer or similar professional and carefully consider whether deletion is actually possible.
Category: Internet
