Defamation and Threats on the Internet

When we think of intimidation, we might imagine a burly, menacing man making threats. According to the Ministry of Justice’s “Heisei 30 Crime White Paper” (2018), out of the total number of people arrested for criminal offenses in Heisei 29 (2017), about 2,800 were arrested for intimidation. It’s possible that many of these offenders fit the stereotypical image we have in mind.

On the other hand, according to the National Police Agency’s report on “Cyber Threats and Related Issues in Heisei 30” (2018), there were 310 cases of cyber intimidation in Heisei 29 (2017). This includes middle school students and the elderly, as there is no need for the perpetrator to confront the victim directly.

When using the internet, it’s easy to get carried away and use harsh language, which can turn defamation into intimidation. Since it’s not a face-to-face conversation, anyone can post threatening messages, and there is a possibility of being arrested for intimidation. In this article, we will explain the patterns of intimidation on the internet, the penalties for intimidation, and how to respond if you are either the perpetrator or the victim of intimidation.

Conditions for the Establishment of Threatening Crimes

Defaming others on the internet with threatening words may lead to the establishment of a threatening crime.

1. A person who threatens another by announcing an intention to harm their life, body, freedom, honor, or property shall be punished by imprisonment for up to two years or a fine of up to 300,000 yen.
2. A person who threatens another by announcing an intention to harm the life, body, freedom, honor, or property of a relative shall be treated in the same manner as the preceding paragraph.

Japanese Penal Code Article 222 (Threatening)

If you make a post that falls under the above, there is a possibility of being punished for a threatening crime, which is a non-complaint crime, even if the victim does not file a criminal complaint.

Notification of Harm

In order for a threat to be legally recognized, there must be a “notification of harm,” meaning that the intent to cause harm must be communicated.

Whether or not something qualifies as a “harmful threat” is determined objectively. Therefore, even if a victim feels threatened, it may not legally constitute a threat. This judgement can vary depending on the situation. For example, if a young, robust man says, “I’m going to hurt you,” it would be perceived differently than if a small child said the same thing. The level of fear felt by the victim in these two scenarios would be objectively different.

In the former case, it would be considered a “notification of harm,” while in the latter case, it would not. However, this distinction does not apply on the internet. It is impossible to distinguish whether a post is made by a violent man or a child.

As a result, among those apprehended for making threats in cyberspace, there are middle school students and elderly individuals.

Methods of Threatening

In order for a crime of intimidation to be established, an “announcement of harm” is necessary. But what methods are included in this “announcement”?

Legally, there are no specific restrictions on the methods of announcing harm for the crime of intimidation. Firstly, if you directly tell someone, it is an “announcement”. Secondly, if you send a letter (threatening letter), it is also considered an “announcement”.

Therefore, if you send a threatening message directly to someone via LINE or email, such as “I’ll spill your secrets” or “Don’t think you’ll get off easy”, it is an “announcement” and constitutes a crime of intimidation.

Even posts on the internet can be considered an “announcement of harm” if they are sufficient to instill fear in the other party. For example, if you post on the other party’s social media or your own blog, or if you post on an internet bulletin board like “2channel”, and if that is an “announcement of harm”, there is a possibility that a crime of intimidation can be established. On the internet, it is easy to commit a crime of intimidation, so you must be very careful with your posts.

About the Object of Threats

Under the Japanese Penal Code Article 222, the object of threats is limited.

Life
A threat to life refers to a threat of harm to life, such as a death threat. Therefore, making statements like “I will kill you” or writing “Consider your life over” could potentially constitute a crime of intimidation.
Body
A threat to the body refers to the intent to assault, to harm the other person. For example, saying “I will hit you” or writing “Don’t think you’ll get off easy” could potentially constitute a crime of intimidation.
Freedom
A threat to freedom refers to restraining the other person’s body. For example, saying “I will confine you” or writing “I will kidnap you” could potentially constitute a crime of intimidation.
Honor
A threat to honor refers to the intent to publicize a dishonorable fact about the other person. For example, writing “I will expose your affair” or “I will publicize your wrongdoing” could potentially constitute a crime of intimidation. In this case, even if the fact you intend to publicize is true, it could still be considered a threat, so caution is necessary.
Property
This refers to hinting at infringing on the other person’s property. For example, writing “I will take all your money” or “I will burn your house down” could potentially constitute a crime of intimidation.

Japanese Penal Code Article 222

Threats against anything other than the above five will not generally constitute a crime of intimidation.

Individuals Subject to Threats (Threatened Parties)

Under the Japanese Penal Code (Article 222), the individuals who can be considered as victims of threats are also limited.

A threat is only considered a crime if it is directed towards 1) the ‘individual’ themselves or 2) their ‘relatives’, and involves a declaration of intent to cause harm.

For example, if someone posts a message saying, “I will kill your wife” or “I will kidnap your child”, they could potentially be charged with the crime of making threats. However, threats made against friends or acquaintances do not constitute a crime. Therefore, even if someone posts a message saying, “I will kill your lover”, it would not be considered a threat under the law.

However, pets are considered ‘property’. Therefore, if someone posts a message saying, “I will harm your cat”, it could be considered a threat against the individual’s property, and could potentially be considered a crime.

Threats Against Corporations

As a general rule, the crime of intimidation does not apply to corporations, as it fundamentally requires a threat of harm to an individual or their relatives.

However, according to legal precedents, even if the threat of harm is directed at a corporation, if it is perceived as a threat to the life, body, freedom, reputation, or property of an individual (such as a representative or agent of the corporation) who receives the threat, the crime of intimidation against that individual can be established.

For example, if someone posts a message threatening to “destroy your company” to a company representative, it is entirely conceivable that the representative would feel threatened in the same way as if the threat were directed at them personally.

Therefore, in such cases, the threat against the company could be interpreted as a threat against the life, body, freedom, reputation, or property of the individual who received the threat, potentially establishing the crime of intimidation.

No Need for the Victim to Feel ‘Fear’ in Threatening Crimes

Threatening crimes, or ‘kyohaku-zai’ in Japanese, are offenses that are established by ‘announcing harm that would cause fear to the other party’. However, it is not necessary for the other party to actually feel ‘fear’.

There is no attempted crime in threatening crimes. This is because the crime is considered ‘completed’ at the point of ‘threatening’. Therefore, it does not matter whether the other party was actually frightened or not.

Crimes like threatening crimes, which are naturally established when the problematic act is performed, are called ‘abstract danger offenses’. The idea is that the act itself is dangerous, so the danger arises and the crime is established at the point when the act is performed. The arson of inhabited buildings, etc., under Article 108 of the Japanese Penal Code, is considered a typical example of this. Therefore, even if the other party does not think ‘I’m scared’ when you send a threatening email to them or write a harmful announcement on their SNS, if the content is objectively something that would cause fear to people, the threatening crime is established.

The Relationship Between Threats and Other Crimes

Threats and Coercion

Threats and coercion are often confused, so let’s clarify the difference.

1. Anyone who threatens to harm life, body, freedom, honor, or property, or uses assault to make someone do something they are not obligated to do, or interferes with the exercise of rights, shall be punished by imprisonment for up to 3 years.
2. The same applies to anyone who threatens to harm the life, body, freedom, honor, or property of a relative, makes someone do something they are not obligated to do, or interferes with the exercise of rights.
3. Attempted crimes under the preceding two paragraphs shall be punished.

Japanese Penal Code Article 223 (Coercion)

Coercion is a crime that is committed when you threaten or assault someone to make them do something they are not obligated to do, or interfere with the exercise of their rights.

The major difference between threats and coercion is that coercion involves making someone do something they are not obligated to do or preventing them from exercising their rights. In the case of threats, these outcomes do not occur, and there is no intention to make someone do something.

In contrast, in the case of coercion, it is necessary to have the above-mentioned purpose and to make the other party do something they are not obligated to do or to interfere with the exercise of their rights. Therefore, there is an attempted crime of coercion.

Threats and Attempted Coercion

Where it gets complicated is the difference between threats and attempted coercion. In both cases, the person threatened did not do something they were not obligated to do.

In the case of attempted coercion, the threat is aimed at making the other party do something they are not obligated to do. For example, if you say, “If you don’t kneel down, I’ll kill you,” the message is “Kneel down.” If the other party does not kneel down, it becomes attempted coercion.

In contrast, a threat is simply a case of saying “I’ll kill you,” without any intention to make someone do something or interfere with the exercise of their rights. This is the difference between attempted coercion and threats.

If you post on the internet, “If you don’t do XX, I’ll kill you,” or “If you do XX, I’ll set fire,” and try to coerce or interfere with the exercise of rights, it constitutes not a threat but coercion or attempted coercion. The punishment for coercion is imprisonment for up to 3 years, even in the case of attempted crimes, which is heavier than threats, so you need to be careful.

Threats and Defamation

When it comes to crimes on the internet, many people think of defamation. So, let’s explain the relationship between threats and defamation.

Threats can also be established when you threaten to defame the honor of the other party or their relatives. Therefore, the relationship with defamation when such a post is made becomes an issue.

A threat is an act of threatening to defame someone’s honor. In contrast, defamation is a crime that is established when you actually defame someone’s honor. Therefore, in terms of time, threats come first.

When you threaten someone by saying “I will defame your honor,” a threat is established, and then, if you actually defame their honor, defamation is established at that point. In this case, threats and defamation are in a “concurrent crime” relationship, and the punishment is aggravated.

Specifically, the longer imprisonment sentence for defamation, which is 3 years, is taken as the standard, and 1.5 times that, or up to 4.5 years, is applied.

If you want to know what defamation is, please refer to the following article.

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

Threats and Forceful Interference with Business

Let’s also explain the relationship between threats and forceful interference with business.

Forceful interference with business is a crime that is committed when you show “force” or “intimidation” and interfere with the business of the target person. For example, if you post on a bulletin board like 2chan, “I will plant a bomb at the concert venue of XX,” there is a possibility that forceful interference with business will be established. And in this case, a threat to the target person is also established at the same time.

When threats and forceful interference with business are established, usually, two crimes are established by one post. In such cases, the two crimes are in a “conceptual competition” relationship, and you will be judged by the punishment for the heavier crime.

The punishment for forceful interference with business is imprisonment for up to 3 years or a fine of up to 500,000 yen, which is heavier than the punishment for threats, so if you interfere with the business of the other party by threatening, you will be judged by the crime of forceful interference with business.

Summary

There may be times when you get carried away or lose your temper on the internet, resulting in excessive slander or even threats. If a threat is deemed to be a criminal act, you may be identified by the victim, who could then demand compensation or even have you arrested. To resolve such issues as smoothly as possible, it is advisable to consult with a lawyer who has extensive experience in internet-related issues at an early stage.

Conversely, if you feel threatened and in danger, you should immediately save a screenshot or printout of the blog or bulletin board where the threat is being made. This is necessary for filing a criminal complaint later and to prevent the evidence of the threat from being deleted.

The longer a problematic post remains, the more people will see it, and it may be reposted on other bulletin boards or copied onto summary sites, potentially spreading without limit. Therefore, it must be deleted promptly.

To delete a post, you need to apply to the site’s administrator or management company. If they refuse to delete it voluntarily, you can apply for a provisional injunction in court.

In most cases of online defamation, simply deleting the article does not resolve the issue. This is because the same type of post may be repeated. It is necessary to identify the poster and hold them accountable.

You should request the site’s administrator or management company to disclose the sender’s information and identify the intermediary provider from the disclosed information. Then, you need to request the intermediary provider to disclose the sender’s information. However, since the intermediary provider is not obliged to disclose the information voluntarily, a lawsuit for the disclosure of the sender’s information is necessary. If you win the lawsuit, the court will issue an order to the intermediary provider to disclose the sender’s information, allowing you to obtain information such as the poster’s address, name, telephone number, and email address.

When threatened, respond calmly and firmly.