How to Identify the Poster of Reviews on 'Japanese Tabelog' and the Average Cost of Legal Fees
Many of you may have used “Tabelog” to find delicious restaurants in your neighborhood, right? The 5-star rating and reviews from users play a significant role in deciding whether to patronize a restaurant. From the perspective of the listed restaurants, positive reviews are welcome, but they also have to consider the risk of defamatory comments being posted.
In this article, we will explain how to identify the posters of defamatory comments on Tabelog and the cost associated with it.
What is Tabelog?
Tabelog is Japan’s largest gourmet website, designed with the concept of “fail-safe restaurant selection”. When choosing a restaurant, many people often find that relying solely on the restaurant’s official website can lead to disappointment, as the actual experience may not meet their expectations. Tabelog has greatly contributed to reducing this common gap by featuring user reviews.
As of May 2020, the site is used by over 118.46 million people per month, lists more than 900,000 restaurants, and has over 35.1 million user reviews, making it an incredibly large-scale site. Given its scale, it is also possible to discover hidden gems that do not have their own websites.
While anyone can access and view restaurant information on the site, an account is required to post reviews. Reviews are evaluated based on five categories: “Food & Taste”, “Service”, “Atmosphere”, “Cost Performance (CP)”, and “Alcohol & Drinks”. In order to be useful to others, users are also required to provide a written description in their reviews.
Since taste varies from person to person and it’s natural for opinions about a restaurant to be divided, both positive and negative reviews are accepted. The site is operated by Kakaku.com, Inc.
Examples of Defamation that Can Occur on Tabelog
On Tabelog, negative posts are allowed, making it a site with a high risk of defamation. For example, the following types of reviews can be considered.
Defamation Against Staff, such as Customer Service Attitude
- The attitude of a staff member named XX was the worst
- The staff of this restaurant eat the food left by customers behind their backs
- The chef is a three-time offender
- It can’t be helped that the staff’s customer service attitude is bad because they are Chinese
Defamation Against the Quality of the Food
- It’s not worth spending money on such a bad restaurant
- They use a lot of chemical seasonings
Defamation Regarding the Hygiene Management of the Store
- Flies were flying around the table
- Every time you eat the meat from this restaurant, you get a stomachache. They might be using rotten meat
Defamation Related to Personal Complaints or Troubles
- I was mistaken for another customer’s bill
- I lost my wallet and couldn’t find it. It must have been stolen
If such reviews are posted, it would be a great trouble for the restaurant. It could lead to a decrease in customers and a drop in sales.
Possible countermeasures are “requesting the removal of the review” or “identifying the poster of the review”. Identifying the poster can prevent further damage from the same person, making it an effective measure.
In the following, we will explain in detail the procedure for identifying the poster.
Procedure 1 for Identifying the Poster: Request for IP Address Disclosure
What is an IP Address?
The first step is to request Kakaku.com, the operator of Tabelog, to disclose the IP address of the terminal from which the poster made the post. An IP address is an identification number assigned to each computer that connects to the Internet. It serves a role similar to an address on the Internet.
The reason why the disclosure of the IP address is necessary is because Kakaku.com does not hold personal information such as the poster’s address or name.
Although membership registration is required to post reviews on Tabelog, personal information is not required at the time of registration because it is linked with external tools such as Twitter, Facebook, and LINE.
Therefore, it is necessary to first disclose the IP address and identify the terminal that made the defamatory review.
Request for IP Address Disclosure through Provisional Disposition Procedure
When requesting the disclosure of an IP address, it is necessary to go through a court procedure. This court procedure is not a lawsuit, but a provisional disposition procedure. Compared to a lawsuit, a provisional disposition procedure is faster, and usually, an order is issued from the court within 1 to 2 months. As the spread of reputational damage cannot be prevented while the review remains posted on the site, a faster provisional disposition is more appropriate than a lawsuit.
Even though it is not a lawsuit, a legal argument is necessary for a provisional disposition to be granted, so it is recommended to consult a lawyer, a professional in law. The average lawyer’s fee for a provisional disposition is,
For IP address disclosure, the retainer fee is about 200,000 to 300,000 yen, and the contingency fee is about 150,000 to 200,000 yen.
Since it is a procedure through the court, it cannot be a complete contingency fee system. Also, the average fee for requesting the removal of a review in addition to the disclosure of the IP address is,
For removal & IP address disclosure, the retainer fee is about 300,000 yen, and the contingency fee is about 300,000 yen.
https://monolith.law/reputation/reputation-lawyers-fee[ja]
However, the amount may vary depending on the length and content of the post, so please consider this as a reference.
Need to Prove and Demonstrate that the Post is Illegal
In order for a provisional disposition order to be issued, it is necessary to prove and demonstrate that the post is illegal.
On the other hand, when requesting the removal of a review, it is possible to succeed in removal by proving and demonstrating not only illegality but also violation of the site’s guidelines. In this case, you make the removal request directly to the site without going through the court.
For example, Tabelog’s guidelines state that “posts about events that are difficult to verify and have a negative impact on the restaurant are prohibited.” Therefore, if you cite this rule, there is a high possibility that a speculative post stating “they use a lot of chemical seasonings” will be removed. Also, there is a rule that “it is prohibited to criticize, defame, or ridicule other users, whether specific or unspecified, even if it is subjective, and to criticize individuals related to the restaurant.” Therefore, a review stating “the attitude of a staff member named XX was the worst” is nothing but content that identifies an individual, so there is a high possibility that it will be removed.
Of course, even if you prove that it is illegal, the site will likely comply with the removal without going through a court.
For more detailed explanation about requesting the removal of Tabelog reviews, please read this article.
https://monolith.law/reputation/tabelog-review-delete[ja]
Also, many lawsuits have been filed for removal requests against Tabelog. If you want to know more about specific cases, please read this article.
https://monolith.law/reputation/lawsuit-against-tabelog[ja]
On the other hand, in cases where the poster is identified, it is not enough to prove and demonstrate a violation of the site’s rules, but it is necessary to prove that it is illegal. To prove that it is illegal, you need to argue why the post is illegal and present evidence to prove it. It is difficult for a layperson to make such arguments, so you should consult a lawyer who is strong in online defamation.
Procedure for Identifying the Poster 2: Prohibition of Log Deletion
Once an IP address is obtained, it is possible to identify the provider that supplied the internet connection to that device. For example, if it’s a fixed line, it would be NTT, and if it’s a mobile line, it would be providers like Docomo. This log is used to identify the personal information of the poster, but providers do not keep these logs indefinitely. Particularly in the case of mobile lines, the duration varies by company, but logs are often deleted after about three months.
Since the deletion of logs makes it impossible to trace personal information, it is necessary to issue a provisional disposition to the provider, instructing them not to delete the logs.
However, in many cases, it is sufficient to notify the provider without going through the courts, saying, “We are about to file a lawsuit for the disclosure of the poster’s identity, so please keep the logs.” The average attorney’s fee for this notification is estimated to be around 100,000 yen.
Tabelog also has a smartphone app. It is assumed that many people open the app on their smartphones while on the go and search for delicious restaurants. As mentioned earlier, in the case of mobile lines, logs are deleted early, so it is wise to issue a notification in advance.
Procedure 3 for Identifying the Poster: Request for Disclosure of Name and Address
Once the log has been successfully saved, a lawsuit is filed against the provider to request the disclosure of the poster’s (technically, the line subscriber’s) name and address. In the case of a request for disclosure of name and address, a lawsuit must be filed, not a provisional disposition. Information such as addresses and names is important personal information, so it is necessary to protect the privacy rights of the poster.
For example, even if the content is “using a lot of chemical seasonings,” if it is true, the request for privacy protection of the poster may prevail, and there is a high possibility that defamation will not be established. The market price for attorney fees in this case is said to be,
A retainer fee of about 300,000 yen, and a contingency fee of about 200,000 yen
https://monolith.law/reputation/indetify-poster-jpnumber-attorney-fee[ja]
as stated.
Step 4 in Identifying the Poster: Claiming Damages
If you win the lawsuit in Step 3, you can obtain the poster’s information. Once the poster has been identified, it becomes possible to claim damages against them. You can claim for the costs incurred in hiring a lawyer, such as investigation fees, and for compensation for actual damages caused by defamation. In particular, restaurants and other food service businesses are greatly affected by word of mouth, so there is a high possibility that financial damages such as a decrease in sales have occurred. Therefore, there are not a few situations where you might consider claiming damages.
If you receive a sufficient amount of compensation, it is also possible to recover all the costs incurred in hiring a lawyer. However, it is uncertain whether you can receive such an amount, and there is also a possibility that a claim for damages may not be recognized in the first place.
In this series of procedures, it is expected that at least 1 million yen will be incurred in lawyer’s fees. Please note that it is not easy to receive this amount of compensation, and there is also a not-so-low probability that you will end up losing money in the end.
Summary
We have explained the methods to identify the poster of a review on Tabelog and the average cost of attorney fees. To identify the poster of a defamatory review, three procedures are necessary: a provisional disposition for IP address disclosure, a notice to prohibit log deletion, and a request for name and address disclosure to the provider. Furthermore, if you wish to claim damages, you must also file a damage claim lawsuit.
Since multiple legal procedures are required, we recommend seeking the assistance of a professional lawyer when proceeding.
Category: Internet
