Consultation Destinations and Countermeasures for the Rapidly Increasing Incidents of Revenge Porn

Revenge porn refers to the act of publishing sexual photos or videos on the internet with the intent to harass or seek revenge. The incidence of revenge porn has been increasing year by year, becoming a serious social issue. However, if you fall victim to such an act, you might find yourself wondering, “Where should I seek advice?” or “How should I respond?”

This article provides a detailed explanation of the current state of revenge porn, where to seek advice, and how to handle the situation. Please use it as a reference.

The Escalating Impact of Revenge Porn

With the proliferation of social media and anonymous message boards, the incidence of revenge porn has also been on the rise. We will introduce the current state of revenge porn victimization based on the National Police Agency’s “Response to Stalker Cases and Violence by Spouses in Reiwa 4 (2022)[ja]“.

The trend in consultations and other related matters concerning revenge porn (private sexual images) is as follows:

The types of consultations include the following:

• Images were published
• Threatened with the publication of images
• Images were sent to the victim
• Images are in possession or were taken by someone
• Other (such as the possibility that the perpetrator possesses images)

The gender of the victims shows that 13.5% are male and 86.5% are female, indicating that women are overwhelmingly more affected. In terms of age groups, those under 19 account for 27.5%, those in their 20s for 42.0%, and those in their 30s for 13.5%, with the highest number being in their 20s and a gradual decrease observed in the 40s and above.

As the table shows, the damage caused by revenge porn is increasing year by year. However, it is important to remember that the figures that come to light are only a fraction of the true number, as there are individuals who are unable to come forward due to shock or shame.

Reference: Response to Stalker Cases, Violence by Spouses, and Child Abuse Cases in Reiwa 4 (2022)[ja] 

What Constitutes Revenge Pornography?

In response to the Mitaka stalker murder case in October of Heisei 25 (2013), where the perpetrator uploaded sexual photos and videos of the victim to adult websites, the Japanese Act on the Prevention of Damage Caused by the Provision of Private Sexual Image Records was enacted in Heisei 26 (2014). This law is also known as the Japanese Revenge Porn Prevention Act.

The acts that fall under revenge pornography are as follows:

1. Providing private sexual image records through electronic communication circuits in a manner that allows the identification of the person depicted to an unspecified or large number of people (Article 3, Paragraph 1).
2. Providing private sexual image records to an unspecified or large number of people, or openly displaying them (Article 3, Paragraph 2).
3. Providing private sexual image records or the physical media containing such records through electronic communication circuits with the purpose of causing the acts described in 1 and 2 (Article 3, Paragraph 3).

Private sexual image records refer to data of images or videos as listed below:

1. The appearance of a person engaged in sexual intercourse or similar acts.
2. The appearance of a person involved in the act of touching someone else’s sexual parts (referring to genitals, anus, or nipples, the same applies to this item and the next) or being touched by another person in a manner that arouses or stimulates sexual desire.
3. The appearance of a person who is not wearing all or part of their clothing, where the sexual parts of the body (referring to genitals or their surrounding area, buttocks, or chest) are exposed or emphasized in a way that arouses or stimulates sexual desire.

If you would like to learn more about the law on revenge pornography, please refer to the following article.

Related article: What is the Revenge Porn Law? Explaining the Content of Penalties and Response Methods![ja]

The Risks of Ignoring Revenge Porn

Once an image is disseminated on the internet, it will not disappear naturally unless it is deleted. Instead, there is a risk that the image may be copied and spread even further, exacerbating the damage.

Particularly, if the image is accompanied by personal information such as a name or address, the individual’s identity can be exposed. It is crucial to act swiftly if you become a victim of revenge porn.

How to Respond if You Are a Victim of Revenge Porn

If you fall victim to revenge porn, what should you do? Here, we will explain the specific steps you should take.

Collecting Evidence of Harm

When revenge porn is discovered, many people may want to delete it immediately. However, deleting the content can result in the loss of evidence, which may prevent you from filing a criminal complaint or taking other legal actions. Furthermore, when seeking removal through legal procedures, it is necessary to preserve evidence for the court to review.

As evidence of the harm, it is crucial to take screenshots showing the URL and the date and time, record videos, and document the posting dates and times of images to ensure that you have proof to present.

Requesting the Removal of Relevant Videos and Images

Once sufficient evidence has been gathered, we proceed with the request to remove revenge porn. Directly submit a removal request to the SNS, bulletin boards, or video sites where the images or videos have been posted. There are several methods to get content removed, including:

• Requesting the site operator or administrator to remove the content
• Having the content removed based on legal proceedings

If the post qualifies as revenge porn, many sites will generally comply with the removal request due to the serious nature of the harm caused. However, some sites may not respond to removal requests.

In particular, when requesting removal through legal proceedings, it is necessary to assert that your rights have been infringed upon in accordance with the law. If you wish to have the content removed swiftly, it may be wise to consider hiring a lawyer. For more information on removal requests, please refer to the article below.

Related Article: “Requests for Removal of Defamation and Copyright Infringement on Aggregate Sites”[ja]

Demanding Compensation and Consolation Money

When claiming damages from the other party, it is essential to identify the perpetrator. A request for disclosure of sender information may enable you to identify the opposing party.

A request for disclosure of sender information is a procedure to obtain the perpetrator’s information (such as name, address, and telephone number) from the content provider (the business operator providing internet connection services). Even if you know who the perpetrator is, without evidence, there is a risk that they may deny involvement. In such cases, a request for disclosure of sender information can be used to confront them with evidence.

For identification purposes, it is necessary for the content provider to have saved logs, but some providers only store logs for a short period, such as a few months. It is crucial to act as early as possible.

Related article: What is a Request for Disclosure of Sender Information?[ja]

Filing a Complaint for Defamation and Related Offenses

It is possible to file a complaint against someone for offenses such as violations of the Japanese Anti-Revenge Porn Law or defamation. If revenge porn is committed, the perpetrator may not only be in violation of the Japanese Anti-Revenge Porn Law but could also be liable for defamation, distribution of obscene materials, and, if the images involve individuals under 18, the public display of child pornography.

Related article: About Defamation on YouTube Against Individuals or Companies[ja]

How to Remove Posts Related to Revenge Porn

If you find yourself in a situation where nude or sexually explicit photos have been posted, you may wonder how to have them removed. Here, we will introduce specific methods for deletion.

Requesting Removal via Web Form

When requesting removal individually or with a lawyer, you will submit a removal request through a web form. If there is no form available, you may need to directly email the company or send a content-certified mail (a postal service that certifies the details of who sent what document to whom and when, by means of a transcript) as an alternative approach.

The main media outlets and their respective removal request portals are as follows:

Google: Remove a page hosted on your site from Google

Yahoo!: For those who wish to file a declaration under the Japanese Provider Liability Limitation Law[ja]

X (formerly Twitter): Safe use of X and sensitive content

Facebook: Help Center

Request for Deletion Based on Transmission Prevention Measures

We submit requests for transmission prevention measures to site operators and providers. Transmission prevention measures involve the requested site operators or providers removing images or posts from the internet. The process for a request for transmission prevention measures is as follows:

1. Notify the perpetrator that the site operator/provider has been requested to take transmission prevention measures.
2. If there is no objection within 7 days (or within 2 days for revenge porn), the post will be deleted.

If the perpetrator objects, the decision to delete will be made by the site operator/provider. For more information on requesting transmission prevention measures, please refer to the article below.

Related Article: How to Write a Request for Transmission Prevention Measures Under the Japanese Provider Liability Limitation Law[ja]

Request for Deletion through Provisional Disposition

If a request for deletion is not addressed by the opposing party, we will file for a provisional disposition for deletion with the court. A provisional disposition in the context of a deletion request is a procedure where the court issues a temporary order for the deletion to website operators or providers.

The process for a deletion request through provisional disposition is as follows:

1. Filing a petition for deletion with the court
2. Review and examination (interview) of the petition by the court
3. Payment of security deposit (money provided as security)
4. Issuance of a provisional disposition order by the court

While it is possible to carry out a request for deletion through provisional disposition on your own, the process requires specialized knowledge and can be time-consuming. Therefore, it is recommended to proceed through a lawyer.

Consultation Resources for Revenge Porn Victims

If you fall victim to revenge porn, there are three main resources you can consult. Choose the appropriate resource based on your situation as described below.

Safer Internet Association

One resource for revenge porn consultation is the Safer Internet Association. This organization plans and implements measures against the misuse of the internet. The Safer Internet Association offers free services to request the removal of images and videos posted on domestic and international websites.

You can contact them directly using the information below:

General Incorporated Association Safer Internet Association｜If You Are a Victim of Revenge Porn[ja]

Police

If you wish to have the perpetrator arrested or subjected to criminal penalties, contact the police. When reporting to your local police station, use the “Community Safety Division.” Additionally, there are two consultation desks for revenge porn: the “Cybercrime Countermeasures Desk” and the “Sexual Crime Victim Consultation Desk.”

When consulting with the police, you will need evidence of the harm done to you.

National Police Agency｜Consultation Desk for Cyber Incidents[ja]

National Police Agency｜Nationwide Common Number ‘#8103 (Heart-san)’ Connecting to Sexual Crime Victim Consultation Phones of Prefectural Police[ja]

Lawyers

Another option is to seek the assistance of a lawyer. Lawyers can help with the following:

• Requests to remove revenge porn from the internet
• Claims for damages

By hiring a lawyer, you can have them prepare the necessary complaint or accusation documents for the police, as well as handle negotiations for damage compensation on your behalf. If you are unsure or anxious about how to proceed, it is recommended to consult a lawyer for advice. When seeking consultation for revenge porn issues, it is advisable to engage a lawyer who specializes in IT and internet law.

Consultation Resources for Revenge Porn Victims Based on Different Situations

If you fall victim to revenge porn, some people may want to punish the perpetrator, while others may prefer to have the content removed without anyone finding out. Here, we introduce consultation resources for different situations for your reference.

If You Only Want to Remove Revenge Porn Images or Videos

If you only wish to remove images or videos, we recommend consulting with the Safer Internet Association. As a general corporate entity, the Safer Internet Association will not report your request to the police. If you want to resolve the issue quietly without others knowing, it is advisable to consult with the Safer Internet Association.

In 2023, the Safer Internet Association received 11,716 requests for content removal, of which 93%, or 10,848 cases, resulted in successful deletion.

If You Want to Identify the Perpetrator

To identify the perpetrator, you will need to file a request for disclosure of sender information. However, this process can be challenging for individuals due to the necessary procedures and document preparation. Therefore, it is recommended to consult with either the police or a lawyer.

If the case is clearly criminal, consulting with the police can lead to the identification of the poster as part of their investigation. If you want to discuss not only identifying the perpetrator but also removing images, claiming damages, and compensation, you should hire a lawyer.

If you want to learn more about identifying the poster, please refer to the article below.

Related article: Explaining the Procedures Required for Deleting Posts and Identifying Posters on 5ch[ja]

If You Want to Claim Compensation

If you wish to claim compensation, you must send a certified letter of demand after identifying the perpetrator and then proceed with litigation. This also requires specialized knowledge, so consulting with a lawyer is recommended.

If you are curious about the typical compensation amounts related to revenge porn, please refer to the article below.

If You Want to Seek Criminal Penalties Against the Perpetrator

If you want the perpetrator arrested and to seek criminal penalties, consult with the police. When submitting a complaint to the police, it is essential to have evidence such as images or videos. Gather evidence of the revenge porn victimization before consulting.

Summary: Seek Appropriate Counsel for Revenge Porn Victimization

The number of revenge porn cases has been increasing year by year. In response to this situation, the “Act on the Prevention of Damage Caused by the Provision of Private Sexual Images” (Japanese Revenge Porn Prevention Act) was enacted in Heisei 26 (2014).

Potential sources of assistance for revenge porn include the police, the Safer Internet Association, and lawyers, among others. Desired outcomes, such as punishing the perpetrator or simply removing the video, vary from person to person. It is important to first consider what you want to achieve and then choose the appropriate avenue for consultation based on your situation.

Guidance on Measures by Our Firm

Monolith Law Office is a law firm with extensive experience in IT, particularly in both the internet and legal fields. 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 ‘digital tattoos.’ Please refer to the article below for more details.

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