An In-Depth Guide to Using Lawyers to Remove Defamatory Posts on the Internet

In the realm of the internet, there has been an increase in reputational damage and defamation on anonymous forums such as 5channel (formerly 2channel) and social media platforms like X (formerly Twitter). While it is possible to remove posts that cause reputational harm on the internet if they violate site terms of use or legal requirements, the process can be complex and challenging to handle on one’s own without experience.

At Monolith Law Office, we have a wealth of experience in successfully removing individual posts and entire threads across various sites, thereby preventing the spread of reputational damage to our clients.

Therefore, in this article, we will explain how to delete online posts that cause reputational harm by enlisting the help of an attorney, based on the knowledge accumulated at our firm.

For a comprehensive overview of our reputational risk management strategies, click here

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

Methods for Requesting Content Removal Outside of Court in Japan

There are primarily two methods to remove defamatory online posts in Japan: “requests for removal outside of court proceedings” and “requests for removal through litigation.”

As for the methods of requesting removal outside of court, one can either submit a request online through the removal request forms available on various sites, citing a violation of the terms of service, or send a written request for a takedown by submitting a document that asserts the illegality of the post.

Regarding the former method, the approach varies from site to site. For detailed explanations, please refer to the following articles specific to each site:

Methods for Requesting Post Deletion on 5channel (formerly 2channel)

How to Delete Posts on Bakusai.com

Is it Possible to Delete Comments on Suki-Kirai.com? Explaining the Legal Measures Available

A Lawyer Explains How to Delete Posts on Hostlove (Host Club Love)

In this article, we will first explain the latter method, which involves requesting measures to prevent transmission.

Requesting measures to prevent transmission is a procedure where the site administrator or provider, upon receiving a request, may stop the transmission of information if they determine there is a reasonable cause to believe that the requester’s rights are being infringed upon, effectively resulting in the same outcome as a deletion. However, whether to delete the content is at the discretion of the site administrator who receives the request, so removal is not guaranteed.

When sending a request for measures to prevent transmission, the site administrator’s address and contact information are necessary. This information can be obtained through a Whois search or, if you are an attorney, by requesting disclosure through a form designated for attorneys.

When Defamation Becomes Illegal Under Japanese Law

When requesting measures to prevent transmission, it is necessary to specify which part of the content violates which law or infringes upon any rights.

Posts that damage reputation are often recognized as illegal acts. Particularly problematic are posts that constitute defamation. So, when does defamation occur?

Defamation, as a rule, is established when facts that lower a person’s social evaluation are posted. However, if the posted facts are true, or if there is a legitimate reason or basis to believe them to be true, defamation may not be established.

Therefore, to determine whether a defamatory post constitutes defamation, we primarily consider the following two points:

1. Whether the facts lower social evaluation
2. Whether the facts are true or there is a legitimate reason or basis to believe them to be true

For more details on the requirements for establishing defamation, please refer to the article below.

Related Article: What Are the Conditions for Suing for Defamation? Explaining the Recognized Requirements and the Going Rate for Compensation

On internet forums and social media, posts claiming someone is “committing illegal acts” or “having an affair” are common. Generally, such facts can be said to lower a person’s social evaluation. Therefore, if the claims of illegal acts or affairs are completely false, and there is no legitimate reason or basis to believe them to be true, the defamatory posts can constitute defamation.

After demonstrating that a particular post damaging reputation is an illegal act such as defamation, one would proceed to request the site administrator or hosting provider to take measures to prevent transmission.

How to Request Content Removal Through Litigation in Japan

Negotiating with site administrators outside of court can lead to a swift resolution when they agree to remove content.

However, if they refuse to comply with the removal request, further negotiations are unlikely to resolve the issue. In such cases, it becomes necessary to enforce the removal of the post through a court-ordered request.

Provisional Injunction Procedures

In addition to regular lawsuits, there is a legal procedure in Japan known as a provisional injunction. This process is faster than a regular lawsuit, typically reaching a conclusion within one to two months. If a provisional injunction to remove content is granted, the site administrator is legally obligated to comply with the deletion order, and they usually do so.

For more details on provisional injunctions for content removal requests, please refer to the following article:

Related Article: The Importance of ‘Provisional Disposition’ in Defamation Countermeasures

Main Action Lawsuits

While it is standard practice to proceed with a main action lawsuit if a provisional injunction is granted, in practice, it is common not to pursue a main action lawsuit for removal injunctions because the objective is often achieved through the provisional measure.

Conclusion: Consult a Lawyer for the Removal of Defamatory Online Posts

Anonymous message boards and social media platforms allow for easy posting, which can unfortunately make them breeding grounds for defamation and reputational damage.

When it comes to requesting measures to prevent transmission, applying for provisional injunctions to remove posts, or seeking disclosure of sender information to identify posters, legal expertise is essential, making it difficult to handle without the assistance of an attorney.

Dealing with online defamation and reputational damage requires specialized knowledge in IT, so we recommend consulting with an attorney experienced in this field.

Guidance on Measures Provided by Our Firm

Monolith Law Office is a legal practice with extensive experience in both IT, particularly the internet, and legal matters. In recent years, overlooking information related to reputational damage and defamation spread online can lead to serious consequences. Our firm offers solutions for managing reputational risks and handling online crises. Please refer to the article below for more details.

Areas of practice at Monolith Law Office: Reputational Risk Management for Listed Companies and Others