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How to Remove Defamatory Posts on 'suki-kirai.com'

Internet

How to Remove Defamatory Posts on 'suki-kirai.com'

“suki-kirai.com” is a website where you can vote for your favorite celebrities and share your likes and dislikes about them. However, we have heard that many people are suffering from defamatory comments posted on this site.

In this article, we will explain the legal measures to remove defamatory comments on suki-kirai.com.

What is Suki-Kirai.com?

suki-kirai.com[jn] is a website operated by the “Suki-Kirai.com Management Office”. It allows users to vote whether they “like” or “dislike” celebrities and famous people, and share their opinions through comments.

The top page of the site states:

A place where everyone’s true feelings gather.

Is that celebrity really popular?

The only site in Japan where everyone’s true feelings gather.

suki-kirai.com[jn]

There are three types of rankings: “Popularity Ranking”, “Unpopularity Ranking”, and “Trend Ranking”. Each ranking displays photos of the top five individuals, and you can view up to 99th place.

At the bottom of the screen, the “New Comments” section displays photos of celebrities and the time the latest comment was posted, such as “1 minute ago” or “2 minutes ago”. The celebrities who have received comments are displayed here.

Like? Dislike? Ranking

Like? Dislike? Ranking

For example, if you click “like” for actress A, you will see:

“Likes: 53.85% (10736 votes), Dislikes: 46.15% (9202 votes)”

At this point, you can see the number of votes and the ratio. If the “dislike” votes exceed the majority, the “Unpopularity Ranking” will be displayed.

Like? Dislike? Comments

On suki-kirai.com, you can view the 20 most recent comments posted for each individual, and you can also react to each opinion with “good” or “bad”.

The comment section allows you to select:

  • Show all
  • Show only likes
  • Show only dislikes

Although you might think it’s enough to just talk among those who like the same thing, the default display is “Show all”, so many people end up seeing offensive comments, slander, and hate speech involving racial or ethnic discrimination.

Since voting on suki-kirai.com is completely anonymous, it is possible for one poster to impersonate multiple people, which can lead to a scandal without the person’s knowledge. This can be particularly damaging for newcomers and young celebrities, and if left unchecked, it could potentially be a fatal blow.

So, how can we remove these malicious comments?

How to Deal with Defamation in Comments on suki-kirai.com

How to Deal with Defamation in Comments on Suki-Kirai.com

To request the removal of an article, typically, you can:

  • Request removal from the site operator or server operator
  • Request the site operator or server operator to implement measures to prevent transmission
  • Request removal through the courts

These are the three methods available.

Request for Comment Removal to the Operator of suki-kirai.com

While suki-kirai.com does not have a set of terms and conditions, it is designed not to reflect continuous comments made in a short interval. Also, when posting a comment,

Are you trying to write comments that are defamatory, threatening, obscene, disruptive, or repetitive?
Please check again to make sure you’re not hurting someone or causing discomfort.

This message is displayed. If you are violating these precautions, there is a way to apply to the operator.

Utilize the Report Button

Utilize the Report Button

The easiest way is to click the “Report” button next to the date and time of each comment. If you think a comment violates these precautions, report it using this button.

When you click, the comment may temporarily disappear from the page you are viewing. However, it seems that it does not necessarily mean that it will be completely deleted by reporting, as it will be displayed when you refresh the page.

Report via Email to the Operator

If the issue is not resolved by pressing the report button, there is a link written as “About this site” at the bottom left of the top page of suki-kirai.com, and if you proceed to that page,

Operator Information

Operator: suki-kirai.com Operation Office

Email Address: suki.kira.info@gmail.com

About suki-kirai.com[jn]

It is described as above. At this point, send an email to the above email address, including your name, contact information, and the comment you want to delete. Also, specify as concretely as possible which part of the comment violates the “precautions” (comments that make you feel uncomfortable, comments that violate the law, disruptive behavior, obscene images, personal information, etc.). To make it easier to identify the relevant comment, it is a good idea to add the URL and posting date and time.

However, just because you have made this application does not mean that the operator is obliged to comply with the deletion, and like the above report, it does not necessarily mean that it will be deleted.

Request for Transmission Prevention Measures to suki-kirai.com

A request for transmission prevention measures is a method of requesting the deletion of comments based on the “Japanese Provider Liability Limitation Act”. This method involves describing clear rights infringements and other matters using a prescribed format (commonly known as the Teresa format), and enclosing necessary documents such as the requester’s identification with the request.

Reference: Website for Information Related to the Japanese Provider Liability Limitation Act[jn] (Provider Liability Limitation Act Guidelines Discussion Council)

If a request for transmission prevention measures is made and it is clear that the information in question infringes on the rights of others, the provider is required to voluntarily take transmission prevention measures to avoid liability for damages under the Japanese Provider Liability Limitation Act. Therefore, there is a high possibility that they will respond to requests for comment deletion.

However, in the case of suki-kirai.com, good results cannot be expected. This is because, normally, a “Request for Transmission Prevention Measures” is sent by mail to the operating company, but since the address of the operator of suki-kirai.com is unknown, it ends up being sent by email, which is almost the same as reporting to the operator by email.

Requesting Removal Through the Courts

Requesting Removal Through the Courts

If the comments cannot be removed by the methods explained so far, it becomes necessary to take legal action known as “requesting removal through the courts”.

In requesting removal through the courts, when asking for the removal of defamatory comments, instead of a “lawsuit (litigation)”, we use a procedure called “provisional disposition”, which can secure a state similar to winning a lawsuit before the formal trial, and which finishes in a shorter period than a lawsuit.

In order for the provisional disposition for article removal to be granted, it is not enough to simply claim, “I am being inconvenienced by this article”. You must assert, “This article is infringing on my rights such as my right to reputation”. Once the provisional disposition is granted, the relevant article is removed.

The provisional disposition for article removal is a simplified court procedure and a convenient method where a provisional judgment is quickly made. However, in order to file a lawsuit, you must know the address of the other party. As mentioned earlier, suki-kirai.com does not disclose operator information, so normally you cannot file a lawsuit. Therefore, we identify the operating company through a bar association inquiry, which only lawyers can perform, and make it possible to file a lawsuit.

Identifying the Operating Company Through Bar Association Inquiry

As we explain in detail in another article on our site, a bar association inquiry is a system that only lawyers can use. It allows you to make an “inquiry” for information through the “bar association” to a third party other than the opposing party in a dispute (Japanese Attorney Act Article 23-2).

It is unlikely that ordinary people will be able to obtain information about the operating company simply by making inquiries through contact forms and the like.

The bar association is an organization to which lawyers and law firms belong. If a lawyer requests the bar association, saying, “I am handling this case, and I need this third party to answer this question in order to resolve it, so I would like you to make an inquiry in the name of the bar association”, the bar association will conduct a bar association inquiry. Since this is an inquiry in the name of the bar association, not just a single lawyer, there is a high probability of getting a response.

If you can identify the operating company through this bar association inquiry, you will be able to file a lawsuit against the operating company.

Filing a Provisional Disposition Order for Removal

The process for a provisional disposition for removal is as follows:

  1. Filing for provisional disposition
  2. Examination (held at intervals of 1-2 weeks)
  3. After the court’s “security decision”, payment of security money (deposit)
  4. Issuance of provisional disposition order

When you file for a provisional disposition with the court, first, a procedure called “examination” is conducted, where both parties attend and make their arguments, similar to oral arguments in a regular trial. While the dates for oral arguments in regular court proceedings are held once every 1-2 months, the dates for provisional disposition examinations are set at intervals of 1-2 weeks, ensuring that the proceedings are concluded promptly without undue delay.

As a result of the examination, if the infringement of rights is recognized and the court issues a “security decision” to remove the article, you deposit a certain amount of money as “security money (deposit)” with the Legal Affairs Bureau, and the court issues a provisional disposition order for article removal. Then, the other party usually complies with the removal without going through a formal trial, so the goal of having the posted article removed is achieved.

While a regular lawsuit takes at least half a year to a year or more to reach a conclusion, a provisional disposition can reach a conclusion in as short as about a month or at most 2-3 months.

If the party who received the provisional disposition order does not comply with the removal, there is a method of filing for “indirect enforcement”. If the application is granted, the court can order the other party to pay the amount ordered by the court until the comment is removed. This is a method of psychologically forcing the performance of the obligation (removal of the comment) by ordering the other party to pay money through indirect enforcement.

Summary: Consult a Lawyer for the Removal of Reviews on suki-kirai.com

As we have explained, there are several ways to remove defamatory comments from suki-kirai.com, such as using the ‘Report’ button on the site, making a request through the ‘Contact Us’ form, or applying for a provisional injunction to remove the comments through the courts. However, it is fair to say that the chances of having the comments removed are higher if you consult a lawyer and make a request based on legal grounds, rather than making a request through the ‘Contact Us’ form yourself.

Furthermore, when you are defamed and your reputation is damaged, or your personal information is exposed, it is important to respond quickly and remove the target comments as soon as possible to prevent them from spreading. In particular, dealing with defamation and reputational damage on the internet requires knowledge of IT, so we recommend consulting with a lawyer experienced in this field and taking action to remove the comments.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with extensive experience in both IT, particularly the internet, and law. In recent years, overlooking information related to reputational damage and slander spread on the internet can lead to serious harm. Our firm provides solutions for managing reputational damage and online crises.

Managing Attorney: Toki Kawase

The Editor in Chief: Managing Attorney: Toki Kawase

An expert in IT-related legal affairs in Japan who established MONOLITH LAW OFFICE and serves as its managing attorney. Formerly an IT engineer, he has been involved in the management of IT companies. Served as legal counsel to more than 100 companies, ranging from top-tier organizations to seed-stage Startups.

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