Is the Police Unresponsive Even After Filing a Complaint for Online Defamation? Explaining the Remedies

Online defamation is a significant issue in modern society, with countless cases of severe damage reported. Despite many victims reporting their grievances to the police, there are frequent reports that the police do not respond adequately to these complaints.

This article provides a detailed explanation of the reality that police reports of online defamation often lead to no action, and outlines the steps that can actually be taken to address the issue.

Will the Police Not Take Action Even If You File a Complaint About Online Defamation?

To address the question directly, the notion that “the police will not take action even if you file a complaint about online defamation” is not accurate. Defamation can constitute a crime under the Japanese Defamation Law or the Japanese Insult Law, and if the act is deemed criminal, the police will proceed with an investigation.

However, whether the police will actively engage in such cases is not always guaranteed. The police typically prioritize investigating cases with a higher degree of illegality. Many instances of defamation are often considered to have low illegality, and it is common for victims to receive little immediate response when consulting the police.

To encourage the police to take active measures, it is necessary to assert the high illegality of the incident.

Related article: How Did the Japanese Penal Code Change in Reiwa 4 (2022)? A Lawyer Explains the Stricter Punishment for Insult Crimes[ja]

Characteristics of Defamation That Prompt Police Action

When a complaint is filed for defamation, the police typically take action when the following personalityistics are present:

• Defamation that constitutes a crime
• Defamation that has caused specific harm

We will explain each of these in detail.

Defamation That Constitutes a Crime

Defamation that constitutes a crime includes “Criminal Libel” and “Insult” under Japanese law.

Criminal Libel (Japanese Penal Code Article 230, Paragraph 1)

• Established when publicly disclosing facts that damage someone’s reputation
• The statutory penalty is imprisonment for up to 3 years, confinement, or a fine of up to 500,000 yen
• However, in cases concerning the public interest (Japanese Penal Code Article 230-2), criminal libel does not apply

Insult (Japanese Penal Code Article 231)

• Established when someone is insulted publicly without the disclosure of facts
• Due to stricter penalties, the statutory punishment is “imprisonment for up to 1 year, confinement, or a fine of up to 300,000 yen”

When consulting with the police, be prepared to present evidence that suggests the defamation could constitute a crime, such as screenshots of the posts or URLs of the websites where they are published. This is because a detailed explanation of the content of the posts that may fall under criminal libel or insult is required.

Defamation That Has Caused Specific Harm

In cases where specific harm has occurred due to defamation, there is an increased likelihood that the police will initiate an investigation. Especially in the following situations, the act may be deemed malicious, and the police may take action:

• Personal attacks against the victim are being repeated
• Information related to the victim’s privacy, such as family or address, is being disclosed without consent
• The posts include threats against the victim or their family
• Baseless information that significantly lowers the victim’s social reputation is being posted

When seeking advice for damages, it is necessary to bring documentation that proves the type and extent of the harm incurred and to provide a detailed explanation.

Methods for Mobilizing the Police in Response to Defamation and Slander

While we have explained the circumstances under which the police will take action against defamation and slander, in any case, it is necessary for the victim to take concrete actions. Here, we introduce four examples of methods to mobilize the police.

Submit a Complaint in Addition to a Damage Report

To initiate a public prosecution for crimes related to defamation and insult, a mere damage report is insufficient. It is necessary to submit a complaint that indicates the victim’s intent to seek specific prosecution and punishment.

While a damage report is a document to report the facts of a crime to investigative authorities, a complaint is a document that clearly demands the prosecution and punishment of the offender. If you wish to request the police to investigate defamation and hold the offender legally responsible, please submit a complaint in addition to the damage report.

Consult with the Cybercrime Consultation Desk

Investigations related to defamation are conducted by the cybercrime divisions of prefectural police departments. Even if your local police station does not accept your consultation, there is a possibility that an investigation into defamation can be initiated by directly consulting with the cybercrime consultation desk. Therefore, if you are facing issues with defamation, consider consulting with the cybercrime consultation desk.

The National Police Agency’s cybercrime consultation desk can be checked at the following link.

Consultation Desk for Cybercrime Cases[ja]

Collect Evidence that Shows the Extent of the Damage

To clearly demonstrate the damage caused by defamation, it is very important to collect concrete evidence. By submitting evidence of the damage, the police can pursue the investigation with more certainty.

Gathering the following materials and bringing them to the police for consultation is effective:

• URLs or screenshots of the defamatory posts
• URLs or screenshots of the poster’s account information
• Evidence of specific damages caused by the defamation (such as business ledger documents)
• Documents showing the psychological impact of the defamation (such as a doctor’s diagnosis)

Preparing these materials in advance and presenting them at the time of consultation with the police will help you clearly communicate the situation of the damage and prompt appropriate action. When taking screenshots, make sure to record the date and time. For advice on what specific evidence to collect, it is recommended to consult with a lawyer.

Request a Lawyer to Handle the Response

When there are limitations to the police’s response in removing defamatory posts or pursuing the offender’s responsibility, enlisting the help of a lawyer can be effective. A lawyer can represent all procedures related to illegal defamation, from requesting the removal of posts to identifying the poster and claiming damages.

Furthermore, legal measures such as provisional injunctions can be expected to resolve issues with operating companies that refuse to remove posts or disclose information. Utilizing legal knowledge and experience, a lawyer can assist in the swift resolution of defamation damages.

Summary: Consult a Lawyer Before Seeking Police Action for Defamation

It is often difficult for the police to initiate an investigation into defamation, but the likelihood of an investigation progressing increases if you can gather sufficient evidence and file a criminal complaint. Even if the police do not start an investigation, by engaging a lawyer, you can expect proactive support such as the removal of posts, identification of the poster, and claims for damages.

When dealing with the harm caused by defamation, it is crucial to consult not only the police but also a lawyer as soon as possible.

Guidance on Measures by Our Firm

Monolith Law Office is a law firm with extensive experience in IT, especially 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 these “digital tattoos.” Please refer to the article below for more details.

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