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What is the Method to Delete Posts on 2channel (2ch.sc)?

Internet

What is the Method to Delete Posts on 2channel (2ch.sc)?

2channel (2ch.sc) is a new “2channel” established in 2014 by Hiroyuki Nishimura, distinct from the previously existing 2channel (2ch.net). If a post that constitutes defamation is made on a 2channel (2ch.sc) thread, there are two methods to have it removed: using the deletion request thread within 2channel (2ch.sc), or resorting to a provisional disposition by the court. Both methods have their quirks, as explained below:

  • Using the deletion request thread means that your request will be made public. If the deletion request does not conform to the standards set by 2channel (2ch.sc) in terms of content and format, you will not receive assistance, and it will simply be publicized that you “want it deleted”.
  • Using a provisional disposition requires various know-how, and it is thought to be practically difficult unless you are a lawyer who regularly handles reputational damage measures.

These are the issues at hand.

We will explain the overall picture of how to delete posts on 2channel (2ch.sc).

2channel (2ch.sc) and 5channel (5ch.net)

Please note that this article explains the deletion process specifically for 2channel (2ch.sc). It can be quite confusing, but 2channel (2ch.sc) is a bulletin board site with a URL that starts with “http://***.2ch.sc”. It is a separate entity from the previously existing 2channel (2ch.net).

The once largest Japanese internet bulletin board site, 2channel (2ch.net), underwent a dispute over management rights around 2014 and has since changed its name and URL (domain) to 5channel (5ch.net). Mr. Hiroyuki Nishimura, the operator of 2channel (2ch.net), lost the management rights of 5channel (5ch.net) in this dispute and subsequently established “2channel (2ch.sc)”. The details of this history, as well as the differences between 2channel (2ch.net) and 5channel (5ch.net), are explained in the article below.

https://monolith.law/reputation/difference-between-2ch-and-5ch[ja]

Furthermore, to add to the confusion, there are also a group of sites referred to as “copy sites”, such as “Log Speed”, which may appear similar to 2channel (2ch.sc) at first glance, but their URL (domain) is neither “2ch.sc” nor “5ch.net”. These are not 2channel (2ch.sc), and the method of requesting deletion is different from that of 2channel (2ch.sc).

https://monolith.law/reputation/delation-of-scraping-site-roundup-website[ja]

This article explains the deletion process specifically for 2channel (2ch.sc), not for 5channel (5ch.net) or copy sites.

When Using the Deletion Request Thread

Deletion Bulletin Board and Deletion Guidelines

First, let’s discuss how to use the deletion request thread.

Within 2channel (2ch.sc), there are two bulletin boards named “Deletion Organization @ 2ch Bulletin Board” and “Deletion Request @ 2ch Bulletin Board”, each dealing with “Normal Deletion Targets” and “Important Deletion Targets” respectively.

http://macaron.2ch.sc/saku/[ja]

Also, please note that deletion requests via mail, phone, email, or any method other than the bulletin board are not accepted. Both bulletin boards, like other 2channel (2ch.sc) bulletin boards, are publicly accessible. This means that when a deletion request is made, the fact that “a deletion request has been made” will be visible to general 2channel (2ch.sc) users.

  • Not following the deletion request format set by 2channel (2ch.sc)
  • It is clear that it will not be deleted according to the deletion criteria set by 2channel (2ch.sc)

If you make such a deletion request, you may receive criticism from 2channel (2ch.sc) users, which could potentially reignite the issue. If you are making a deletion request yourself, you should thoroughly read the deletion guidelines and,

  • Understand the correct format for making a deletion request
  • Understand why the problematic post should be deleted

before making a request.

What is the Deletion Guideline of 2channel (2ch.sc)?

The deletion guideline of 2channel (2ch.sc) is quite complex, so it’s impossible to explain the whole picture. However, in general, the handling varies greatly depending on whether the subject is a private individual, a celebrity, or a corporation.

http://info.2ch.sc/guide/adv.html#saku_guide[ja]

General Private Individual Information is Subject to Deletion

According to the definition on 2channel (2ch.sc), individuals are classified into the following three categories:

Group One
Politicians, celebrities, professionals, convicted criminals
Group Two
Individuals involved in professional activities related to the board’s purpose and who may face responsibility issues
Individuals who sell or provide copyrighted or creative works or activities for a fee
Parties involved in incidents causing harm to others
Group Three
All individuals who do not fall into the above two categories

http://info.2ch.sc/guide/adv.html#saku_guide [ja]

And for this Group Three, in other words, those who are neither politicians nor have a criminal record, nor are amateur creators, etc., in the full sense of being a general private individual, the following are stipulated as subject to deletion:

  • Descriptions that identify individuals, descriptions written with the intent to attack
  • Telephone numbers
  • Email addresses intended for attack
  • Privacy information that could potentially cause harm

Please refer to the deletion guidelines above for strict rules.

Posts About Celebrities Are Less Likely to Be Removed

However, in the case of the above definitions, either type one or two, the conditions for deletion are quite strict. For example,

  • For ‘convicted criminals’, posts that are public or have informational value will not be deleted
  • Similarly, in the case of doujinshi authors and the like, posts that include ‘factual descriptions by direct parties or victims’ will not be deleted

That’s the general idea.

However, this is merely the deletion standard set by 2channel (2ch.sc) and it does not mean that ‘posts that do not conform to this standard cannot be legally deleted’. For instance,

  • Arrest or criminal history information can be deleted if certain conditions, such as a certain period of time passing, are met, as it infringes on the ‘interest of not hindering rehabilitation’
  • Even in the case of doujinshi authors and the like, if the ‘facts by the victim’ are false, they can be deleted on the grounds of defamation

That’s the legal conclusion. In other words,

  • Although it may not be a target for deletion under the 2channel (2ch.sc) deletion guidelines and cannot be deleted upon request
  • It is illegal under the law, and can be deleted using the provisional disposition procedure mentioned later

That means there is a realm where,

For more details on the deletion of arrest articles and criminal history information, please refer to the articles below.

https://monolith.law/reputation/delete-arrest-history[ja]

https://monolith.law/reputation/necessaryperiod-of-deletion-arrestarticle[ja]

Corporations, Organizations, and Public Institutions: Deletion Generally Not Possible

For corporations, organizations, and public institutions, in other words, entities other than individuals, the deletion guidelines of 2channel (2ch.sc) are even stricter, and the principle is to leave them as they are.

For corporations and organizations, the treatment varies depending on the category, but please understand that the principle is to leave them as they are. In the Society/Events category, all criticisms, defamations, information published on the Internet, and unclear data sources outside the Internet are left as they are.
In other categories, if there is a relevant issue to the purpose of the bulletin board, it contains information of public interest, the corporation/company is involved in an incident that has some impact on the outside, etc., it is left as it is. In the Academic category, we will strictly judge this.

http://info.2ch.sc/guide/adv.html#saku_guide [ja]

These standards can be said to be quite strict. For example, criticism of so-called black companies should be realistically deletable as defamation as long as the content is false, but as mentioned above, the principle on 2channel (2ch.sc) is to leave them as they are, so even if you request deletion, you will basically not get a response. In the case of defamation against a company, the method of requesting deletion itself can hardly be used, and you will have to consider only the provisional disposition procedure mentioned later from the beginning.

For more details on whether criticism of black companies is defamation and can be deleted by provisional disposition procedure, please refer to the articles below.

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

https://monolith.law/reputation/illegal-posting-black-companies-in5ch[ja]

Case of Deletion through Provisional Disposition Procedures in Court

Deletion through provisional disposition procedures is speedy and practical.

Provisional Dispositions are Extremely Swift

As mentioned above, there are cases on 2channel (2ch.sc) where, despite the content being illegal and theoretically removable under the law, it cannot be removed through the deletion request thread. In such cases, the only option is to seek removal through the courts.

Generally speaking, and not limited to 2channel (2ch.sc), the process of removal through the courts is possible not through litigation (trial), but through a procedure called a provisional disposition. The advantage of a provisional disposition is that it is significantly faster than litigation.

In litigation, once the document (complaint) is completed and filed, the first hearing is about a month later. The interval between hearings is also about a month, and it takes about a month from the end of the hearings to the issuance of the judgment. Therefore, from the time of requesting a lawyer to the time of deletion, it takes at least several months, and if it drags on, it can take about a year.

In contrast, with a provisional disposition, once the document (petition) is completed and filed, the first hearing is a few days to a week later. The interval between hearings is also about a week, and the decision (which has almost the same function as a judgment) can be issued as early as the next day. Therefore, from the time of requesting a lawyer to the time of deletion, it can be as short as within a month, and even if it drags on, it only takes about 2-3 months.

The perception that “using the courts is time-consuming and not very practical in terms of quickly removing harm” applies to litigation, but it can be said that provisional dispositions are an extremely swift procedure.

Special Characteristics of Provisional Dispositions Against 2channel (2ch.sc)

However, provisional dispositions against 2channel (2ch.sc) require various know-how that can be quite challenging unless you are a lawyer who regularly handles these procedures.

Acquisition of Singapore Corporate Registration

Firstly, as a general rule, when conducting court procedures such as lawsuits and provisional dispositions, it is necessary to submit the corporate registration of the opposing company to the court as proof of qualification. 2channel (2ch.sc) is said to be operated by a Singapore corporation called “PACKET MONSTER INC, PTE.LTD” (the reason for stating “is said to be” will be explained later). Therefore, the corporate registration of the Singapore corporation “PACKET MONSTER INC, PTE.LTD” is required as proof of qualification.

If the corporation is in Japan, its registration can be obtained at the Legal Affairs Bureau, and at least lawyers regularly obtain such registrations. But how should the corporate registration of a Singapore corporation be obtained? This is also a piece of “know-how”. Incidentally, the method of obtaining registration from abroad (Japan) for a Singapore corporation has changed in recent years, and if you do not keep up with these changes, you will not know the latest method of obtaining registration.

Preparation of Petitions such as Non-Examination Petitions

Next, when taking provisional measures against 2channel (2ch.sc), in addition to the documents always necessary for deletion provisional measures, such as “why the targeted post can be said to be illegal” and “why it should be deleted”, it is necessary to create a petition that includes the following contents and submit it along with its evidence (documents).

  • International Jurisdiction: The reason why a Japanese court should handle the provisional disposition, despite the opposing party being a foreign corporation, i.e., a Singapore corporation.
  • Domestic Jurisdiction: Assuming that a Japanese court has international jurisdiction, why the Tokyo District Court should be in charge. The substantial management rights of 2channel (2ch.sc) are with Mr. Hiroyuki Nishimura, as “PACKET MONSTER INC, PTE.LTD” is a paper company, and his address before moving to France was in Tokyo, so the Tokyo District Court should have jurisdiction, is the argument.
  • Non-Examination Petition: The argument that provisional disposition procedures should be carried out without calling “PACKET MONSTER INC, PTE.LTD” to court, as it takes a long time for foreign delivery.
  • Delivery Petition: This is quite specialized, so I will omit it.
  • Certificate of Qualification: How the corporate registration of a Singapore corporation is structured, and that the attached registration documents are official.
  • Absence of Representative: This is quite specialized, but as of December 2019, the representative of “PACKET MONSTER INC, PTE.LTD” is disqualified. Despite this, the provisional disposition procedures should be carried out.

The creation of these documents is highly specialized. For example, there are websites that state, “The deletion provisional disposition against 2channel (2ch.sc) takes time because the opposing party is a foreign corporation and it takes time for delivery, the procedure of sending documents and evidence to the opposing party.” However, this statement is incorrect as explained above. In the deletion provisional disposition against 2channel (2ch.sc), as explained above, a “non-examination petition” is possible, and there is no need for foreign delivery. Although it is highly specialized and unavoidable, in the provisional disposition against 2channel (2ch.sc), a large number of such know-how is required, and if they are lacking, the court will not accept the procedure, or it will take unnecessary time, causing problems.

Preparation of Petition for Absence of Representative

Also, the above-mentioned “absence of representative” is a new problem that arose in 2019. The principle is that if the representative is disqualified, provisional dispositions cannot be made against that company. However, by creating a petition with certain arguments, this problem can be avoided. There are probably several patterns of petitions regarding the absence of a representative, and it is believed that they are shared among law firms dealing with reputation management. One of them is the one that our firm created jointly with a foreign-affiliated firm immediately after this problem arose. In this way, the special personalityistics of provisional dispositions against 2channel (2ch.sc) and the know-how to solve them are being updated daily.

Illegal Posts Can Be Removed

With the right know-how, removing posts from 2channel (2ch.sc) is not impossible.

While dealing with 2channel (2ch.sc) does require certain specialized knowledge and skills, the principle of whether a post can be removed or not is based on the law. If the post in question is illegal, the court will allow it to be removed.

There are several patterns of what can be considered “illegal”, but the most common is defamation. Simply put, defamation occurs when:

  • The post in question unmistakably refers to a specific individual or company (identifiability)
  • The content of the post is specific (statement of fact)
  • The content is negative for the individual or company (reduction in social evaluation)
  • The content is false (untruthfulness)

Defamation is established when these conditions are met. The actual requirements for defamation are a bit more complex, and are detailed in a separate article.

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

In addition, claims of illegality often used in provisional dispositions against 2channel (2ch.sc) include invasion of privacy and infringement of personal honor.

https://monolith.law/reputation/privacy-invasion[ja]

https://monolith.law/reputation/defamation-and-infringement-of-self-esteem[ja]

Deletion is not difficult with the right know-how

As previously mentioned, provisional dispositions against 2channel (2ch.sc) require a certain level of expertise and know-how, which often leads people to believe that they are difficult. However, from the perspective of law firms that possess such know-how, it can be said that there are many cases where the difficulty level is actually lower than other sites. Provisional dispositions against 2channel (2ch.sc) can be conducted without summoning the defendant’s attorney, who is the operator of 2channel (2ch.sc), to court. In other words,

  • Provisional disposition for deletion on regular sites: The attorneys of both the party seeking deletion and the site operator present their arguments and evidence for and against illegality, and the court makes a judgment based on these arguments and evidence.
  • Provisional disposition for deletion on 2channel (2ch.sc): Only the party seeking deletion presents their arguments and evidence for illegality, and the court makes a judgment.

This is the structure. Of course, this does not mean that the court will recognize a post as illegal even if it is not, but it is generally advantageous for the party seeking deletion if the defendant does not present any counterarguments or evidence. Also, generally speaking, if the defendant makes a counterargument, a rebuttal is necessary, and therefore it often takes time to reach a resolution. In contrast, provisional dispositions against 2channel (2ch.sc), where the defendant does not make a counterargument, often conclude in a shorter period of time compared to provisional dispositions against other sites.

The aforementioned “know-how” is essentially “general know-how regarding provisional dispositions against 2channel (2ch.sc),” and is something that law firms that regularly handle provisional dispositions against 2channel (2ch.sc) should possess. It is faster and less risky to entrust such firms with your case, as they are less likely to stumble over problems that can be solved with “know-how.” Additionally, by not wasting man-hours on such issues, it is highly likely that costs can be kept down as a result.

Posting a Deletion Decision on the Deletion Request Thread for Deletion

Generally speaking, a ‘decision’ in a lawsuit plays a role similar to a ‘judgment’. By uploading a scanned PDF of a ‘provisional disposition decision’ issued by the court to the deletion bulletin board of 2channel (2ch.sc), the deletion of the relevant document will be carried out. In other words, although defamation against a corporation is ‘principally ignored’ under the deletion guidelines as mentioned above, if the court issues a provisional disposition decision for deletion, it will be deleted if the document is properly uploaded.

Just like in the case of deletion requests without using provisional disposition procedures, there are formal rules for deletion requests by uploading provisional disposition decisions. Even if you have obtained a provisional disposition decision for deletion, it will be ignored if you do not follow these rules, so caution is necessary.

Conclusion

As discussed above, the deletion of posts on 2channel (2ch.sc) can be quite tricky, whether you’re using the deletion bulletin board or the provisional disposition court procedure. It requires a certain level of expertise and can be quite challenging without it. However, on the flip side, deletion through the provisional disposition procedure can be possible and even easier than other sites if you have the know-how. There are also cases where the process can be completed in a short period of time.

It’s important not to assume that deleting posts on 2channel (2ch.sc) is difficult, nearly impossible, or that it requires a lot of time and money. Instead, it’s crucial to consult with a law firm that has the necessary expertise.

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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