Can Disclosure Requests Be Made for Verbal Abuse and Defamation in Online Games? Explaining the Legal Procedures to Identify the Offender

While communication among users in online games is becoming more active, defamation between users is becoming a serious issue. Verbal abuse and defamation within online games can also be subject to criminal penalties, such as charges for the crime of defamation, insult, or threats.

This article will discuss specific cases of crimes related to defamation in online games and explain the procedures for requesting the disclosure of sender information. We will also introduce how to deal with defamation experienced in online games.

Defamation in Online Gaming

As online gaming becomes more widespread, user interactions have become more active. However, this has also led to the emergence of defamation issues. We often encounter cases where individuals have been subjected to defamation, as well as instances where individuals seek advice after having made defamatory comments themselves.

A disclosure request is a legal procedure to identify anonymous posters, which can then be used to pinpoint the poster and take legal actions such as claiming damages or filing criminal charges.

For a disclosure request to be granted, certain conditions must be met: the defamation must diminish someone’s social reputation, be unfounded, and target a specific individual.

The Link Between Handles and Real Identities is Key

In online gaming, the connection between in-game personalitys and the actual players is a crucial point. If this link cannot be proven, it may be difficult to request disclosure on the grounds of defamation.

For example, in a case where personal information was exposed by an acquaintance made in an online game, the victim’s photo and the defamatory content were posted on X (formerly Twitter). The victim consulted a lawyer and filed a disclosure request against X (formerly Twitter). In such cases where personal information is exposed, the likelihood of a disclosure request being granted increases.

On the other hand, in a case where a player was expelled from a gaming group and defamed, the personality name was not linked to the person’s real name, and thus, the defamation was not recognized, and a disclosure request could not be made. In such situations, the only recourse may be to block the individual or report them to the game’s administration.

To take legal action against defamation in online games, it is essential that the personality name is clearly linked to the actual person.

Potential Criminal Penalties for Abusive Language in Online Games

In the heat of the moment during online gaming, it’s not uncommon for players to lose their cool and engage in abusive language through chat or voice communication. However, just because it happens in an online game does not mean that such statements are permissible.

In fact, abusive language and defamation within online games can lead to criminal charges and trials. Here, we will explain the criminal offenses of defamation, insult, and threat, which may be applicable in such cases.

Defamation Law

Article 230: A person who publicly presents facts and thereby damages the reputation of another person shall be punished by imprisonment with work for not more than three years or a fine of not more than 500,000 yen, regardless of whether the facts are true or false.

Japanese Penal Code Article 230[ja]

Statements such as “XX is cheating in games” or “XX is committing fraud against other players” could potentially constitute defamation if they lower someone’s social status.

If convicted of defamation, one may face imprisonment for up to three years or a fine of up to 500,000 yen. It is advisable to avoid making statements online that, even if true, could harm another person’s reputation.

Related article: About Defamation Law When Slandering Others or Companies on YouTube[ja]

The Crime of Insult

Article 231: A person who publicly insults another without stating facts shall be punished with detention or a petty fine.

Japanese Penal Code Article 231[ja]

Making derogatory or belittling remarks about someone online can potentially constitute the crime of insult. For example, statements such as “die,” “idiot,” “fool,” or “money-grubber” may fall under this category.

The difference between the crime of insult and defamation lies in the “presence or absence of stating facts.” Stating facts refers to whether specific details are indicated. Therefore, if the content is specific, it may constitute defamation, whereas if it is abstract, it may be considered an insult. Here, the “fact” does not necessarily have to be true.

When making statements online, it is important to be cautious as publicly insulting someone without stating facts can potentially lead to charges of insult. For more information on the crime of insult, please refer to the following article.

Related article: What is the Crime of Insult? Explaining Specific Examples of Words and the Difference from Defamation[ja]

The Crime of Threats

Article 222: A person who threatens another by announcing an intention to harm the life, body, freedom, reputation, or property of that person shall be punished by imprisonment for not more than two years or a fine of not more than 300,000 yen.

Japanese Penal Code Article 222[ja]

Even within an online game, statements such as “I will kill XX on MM/DD” constitute threats and can be subject to the crime of threats. If prosecuted, one may face imprisonment for up to two years or a fine of up to 300,000 yen.

It is crucial to always maintain calm and measured speech in online games and to take appropriate action if a problem arises. For more detailed information on the crime of threats, please refer to the following article.

Related article: Extreme Online Posts Can Constitute Threats: Are Statements Like “I’ll Kill You” or “Die” Considered Threats?[ja]

Procedure for Requesting Disclosure of Defamation in Online Games

To claim damages against someone who has disseminated defamatory information, it is first necessary to identify the sender.

A common misconception about the procedure for requesting disclosure of sender information is that the sender can be identified (their address, name, etc. disclosed) with a single request. However, in reality, reaching the sender’s information requires a two-step process as follows:

• Request to the site administrator
• Request to the internet service provider

Request to the Site Administrator

First, a provisional disposition is requested from the operator of the online game for the disclosure of the sender’s communication logs. Online game operators often have information such as the sender’s IP address and the time of transmission, so the IP address is usually disclosed first.

Through the request for disclosure of sender information, the following information (communication history logs) about the sender is disclosed:

• The sender’s IP address
• Identification number of the mobile device’s internet connection service user
• SIM card identification number
• Transmission time (timestamp)
• Port number combined with the IP address

Typically, instead of initiating a main lawsuit, a procedure for provisional disposition is used. This is because the communication logs of the transit provider are only stored for a few months, and there is a risk that the logs will be deleted during the course of a lawsuit.

Request to the Internet Service Provider

Next, the ‘transit provider’ (internet service provider) is identified based on the IP address disclosed through the provisional disposition procedure, and a request for disclosure of sender information is made to them.

In this procedure, the following information about the sender, who is the provider’s subscriber, is disclosed:

• Address
• Name
• Email address

Requests for disclosure to the provider are less likely to be recognized as necessary for preservation, so in principle, it is necessary to initiate a main lawsuit.

Additionally, before or at the same time as the disclosure procedure, it is possible to apply to the court for a provisional disposition order to prevent the deletion of sender information by the transit provider.

As such, identifying the sender within an online game requires going through multiple stages, and it is important to follow the appropriate procedures at each stage. For more details, please refer to the following article.

Related article: What is a Request for Disclosure of Sender Information? A Lawyer Explains the New Procedures Established by the Amendment[ja]

Summary: If You Experience Defamation in Online Games, Consult a Lawyer

With the proliferation of online gaming, communication between users has become more active, but this has also led to the rise of defamation as a significant issue. Defamation and abusive language within online games are serious problems, and our law firm often sees cases where not only adults but also minors such as middle and high school students seek legal advice.

If you are subjected to defamation, it is necessary to request the disclosure of the anonymous offender’s information. However, this process does not guarantee the identification of the sender with a single request.

First, you must request the disclosure of the sender’s communication logs from the online game provider through a provisional disposition. Subsequently, you must request the disclosure of the sender’s personal information, such as address and name, from the intermediary provider. These procedures require multiple steps, and it is crucial to follow the appropriate process at each stage.

Furthermore, statements made within online games may constitute crimes such as defamation, insult, or threats. Therefore, it is essential to first consult with a lawyer to take the appropriate measures.

Guidance on Measures by Our Firm

Monolith Law Office is a law firm with extensive experience in both IT, particularly the internet, and legal matters. In recent years, information related to reputational damage and defamation spread online has caused serious harm as a ‘digital tattoo.’ Our firm provides solutions to combat these ‘digital tattoos.’ Please refer to the article below for more details.

Areas of practice at Monolith Law Office: Digital Tattoo[ja]