What Crimes Can Occur on X(Twitter)? Explaining Past Incidents and Offenses

X(Twitter) has become one of the major social networking services in the modern era, due to its ease of disseminating and collecting information, and the simplicity of connecting with people around the world.

However, this ‘ease of use’ has led to a serious problem where numerous crimes, including defamation and other offenses, occur on X(Twitter). You may unknowingly become a perpetrator or victim of these crimes.

In this article, we will explain what actions on X(Twitter) could potentially lead to criminal offenses, using specific precedents.

Reasons Why Defamation and Crimes are Prone to Occur on X(Twitter)

The reasons why defamation and crimes are prone to occur on X(Twitter) can be attributed to the ease of posting and the high spreadability of the platform.

On X(Twitter), you can easily post what you think or want to say with just one click of the post button. It is thought that this ease of expressing stress and frustration can easily lead to defamation. Additionally, the ability to post anonymously is also a factor that accelerates such posts.

The high spreadability is largely due to one of X(Twitter)’s features, “repost (retweets)” and “likes”. By “reposting (retweeting)” or “liking” other people’s posts (tweets), the post (tweet) is spread to your own followers, and this can be infinitely spread by being repeated.

While this high spreadability is recognized for its positive significance in accelerating information distribution, it is also true that it has become a breeding ground for defamation and crimes due to its ease of posting and the fact that it is more likely to be seen by many people.

So, what specific crimes have been problematic on X(Twitter) in the past?

Crimes on X(Twitter) ①: Threats to Celebrities

In this article, we will discuss the crime of threatening celebrities on X(Twitter).

What is the Crime of Threatening?

The crime of threatening is defined in Article 222 of the Japanese Penal Code (刑法第222条). It is a crime that is committed by literally threatening and intimidating the other party. However, if the purpose is to steal money or goods, it constitutes the crime of extortion or robbery, not the crime of threatening.

(Threatening) Article 222: A person who threatens another by announcing that they will harm their life, body, freedom, honor, or property shall be punished by imprisonment for up to two years or a fine of up to 300,000 yen. 2. The same shall apply to a person who threatens another by announcing that they will harm the life, body, freedom, honor, or property of a relative.

Arrested on Suspicion of Threatening an Idol with Murder

In February 2014, a company employee (then 33 years old) was arrested on suspicion of threatening Anna Tachibana of the idol group “Alice Juuban” (then 21 years old) by posting a message hinting at murder on X(Twitter).

Specifically, the suspect referred Tachibana, who was wearing a red costume at a performance, as a “carrot” and posted messages on X(Twitter) such as “I’ll chop you up with a special knife” and “I’ll drink all the red juice that comes out.” He also posted a picture of a Japanese sword-like object piercing a picture of Tachibana on his blog, and carried out these actions almost every day, sometimes up to 10 times a day, eventually starting to announce the date and time of the planned murder.

Agnes Chan Threatened, Sent to Prosecutors

In September 2015, a junior high school third-year boy was sent to prosecutors on suspicion of threatening singer Agnes Chan (then 60 years old) by posting a murder threat on her official X(Twitter) account.

Specifically, he admitted to posting messages such as “I’ll stab you with a knife and kill you” and “If you don’t admit to child pornography, your Agnes mansion will be covered in blood. Please admit it now.”

Crimes Committed on X(Twitter) ②: Stalking

The second crime committed on X(Twitter) is stalking.

What is the Japanese Anti-Stalking Law?

The Japanese Anti-Stalking Law was enacted on November 24, 2000 (Gregorian calendar year), with the aim of “punishing stalking behavior, implementing necessary regulations against stalking, and establishing measures to assist victims, in order to prevent harm to individuals’ bodies, freedom, and honor, and to contribute to the safety and peace of the public’s life”.

The “stalking behavior” regulated by this law refers to repeatedly “following and other similar behaviors” and “unauthorized acquisition of location information” against the same person. However, the particular issue on X(Twitter) is “following and other similar behaviors”.

According to Article 2, Paragraph 1 of the Japanese Anti-Stalking Law, “following and other similar behaviors” are defined as actions taken with the purpose of satisfying feelings of love, other positive feelings, or resentment for not having these feelings fulfilled, against a specific person or their family, including the following:

• Following, lying in wait, watching or loitering around the residence, forcing oneself into the residence
• Declaring that one is being watched
• Demanding meetings or relationships
• Violent behavior
• Silent phone calls, continuous phone calls, letters, faxes, emails, SNS messages after refusal
• Sending filth
• Defaming
• Infringing on sexual modesty

Those who commit stalking behavior are subject to penalties such as imprisonment for up to one year or a fine of up to 1 million yen.

Arrested for Stalking a High School Girl, Violating the Japanese Anti-Stalking Law

In January 2017 (Gregorian calendar year), a university hospital doctor (then 34 years old) was arrested on suspicion of stalking a high school girl. He repeatedly posted (tweeted) that he was following and watching her, and posted posts (tweets) such as “The inside of ○○-chan’s (Japanese honorific for young girls) skirt is mysterious and I appreciate it every night. Grateful to the divine wind?”

Crimes Committed on X(Twitter) ③: Obstruction of Business

We will explain the crime of obstruction of business that occurred on X(Twitter).

What is Obstruction of Business?

Obstruction of business refers directly to the crime of obstructing business through “false rumors” or “deception” (Japanese Penal Code Article 233), but the name of the crime changes depending on the method of obstruction. For example, if “force” is used, it becomes the crime of forcible obstruction of business (Japanese Penal Code Article 234), and if a “computer… is damaged”, it becomes the crime of computer damage and other obstruction of business (Japanese Penal Code Article 234-2).

(Defamation and Obstruction of Business) Article 233: A person who spreads false rumors or uses deception to defame another person’s credit or obstruct their business shall be punished by imprisonment for up to three years or a fine of up to 500,000 yen.

(Forcible Obstruction of Business) Article 234: A person who uses force to obstruct another person’s business shall also be punished as in the preceding article.

(Computer Damage and Other Obstruction of Business) Article 234-2: A person who damages a computer or electromagnetic record used for another person’s business, or gives false information or improper instructions to a computer used for another person’s business, or by any other method, causes the computer to perform actions contrary to its intended use, or prevents it from performing actions in accordance with its intended use, and thereby obstructs another person’s business, shall be punished by imprisonment for up to five years or a fine of up to 1,000,000 yen.

The issues that could arise on X(Twitter) are ① false rumors, ② deception, and ③ forcible obstruction of business. ① to ③ are considered to be the following actions.

Arrested for Deception Obstruction of Business for Posting False Rumors During a Disaster

In 2016, after the Kumamoto earthquake, a man who posted a false rumor on X(Twitter) that “a lion has been released from the zoo near my house because of the earthquake” was arrested for deception obstruction of business against the zoo.

Junior High School Student Who Made a Murder Threat Was Taken into Custody for Forcible Obstruction of Business

A junior high school student (14 years old at the time) who posted a murder threat on X(Twitter) between November 4 and 6, 2016, saying “I’m heading to Fukuoka now. Children, be very careful of trucks. The murder game begins” and “I’ll aim for the time when school is out on the 7th,” was taken into custody for forcible obstruction of business on November 12 of the same year.

Crimes on X(Twitter) ④: Child Prostitution & Violation of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography

Child prostitution and violations of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography are also issues concerning crimes that can occur on X(Twitter).

What is the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography?

The Japanese “Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children” (Act on Punishment of Activities Relating to Child Prostitution and Child Pornography) was established and enforced in 1999 as a measure to protect children under the age of 18 from sexual exploitation such as prostitution, based on Article 34 of the international treaty “Convention on the Rights of the Child” ratified in 1994.

The Act on Punishment of Activities Relating to Child Prostitution and Child Pornography regulates acts such as “child prostitution” and “distribution of child pornography”. Among these, the “distribution of child pornography” (Article 7) is particularly problematic on X(Twitter).

This crime of distributing child pornography exists as a special law under the obscenity distribution crime (Article 175 of the Penal Code), and with the aim of particularly protecting children, the range of punishment is extremely wide, and the penalties are also enhanced.

(Obscene Distribution)
Article 175: A person who distributes, or publicly displays, obscene documents, drawings, electromagnetic records, or other items, or who distributes obscene electromagnetic records or other records by means of telecommunications, shall be punished by imprisonment for not more than two years, a fine of not more than 2.5 million yen, or a petty fine, or by a combination of these punishments.

(Distribution of Child Pornography)
Article 7: A person who distributes, sells, lends as a business, or publicly displays child pornography shall be punished by imprisonment for not more than three years or a fine of not more than 3 million yen.
2. A person who produces, possesses, transports, imports into Japan, or exports from Japan child pornography for the purpose of the acts listed in the preceding paragraph shall be punished in the same manner as provided in the preceding paragraph.
3. A Japanese national who imports into a foreign country, or exports from a foreign country, child pornography for the purpose of the acts listed in paragraph 1 shall be punished in the same manner as provided in the preceding paragraph.

Man Sent to Prosecutors for Posting (Tweeting) Obscene Images of a Girl

In November 2014, a man (then 52 years old) was sent to prosecutors for violating the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography (distribution) by posting (tweeting) obscene images of a young girl.

In this case, a male junior high school student who reposted (retweeted) the same image was also reported to a child consultation center for misconduct in violation of the same law.

Female Junior and Senior High School Students Sent to Prosecutors for Posting Their Nude Photos on X(Twitter)

In March 2016, four female junior and senior high school students aged 14 to 17 and a part-time working boy were sent to prosecutors for violating the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography (public display) by posting obscene images and videos of their lower bodies on X(Twitter), making them viewable by an unspecified number of people.

Reposting (Retweeting) on X(Twitter) Can Also Be Considered a Crime

On X(Twitter), not only original posts but also simple reposts (retweets) and likes can potentially be considered criminal acts.

Particularly, you need to be extremely careful when reposting (retweeting) or liking obscene images.

Reposting (Retweeting) or liking obscene images can be said to create a situation where your followers and an unspecified number of people can view these images. Therefore, it could potentially violate Article 175 of the Japanese Penal Code (the crime of distributing obscene materials) or the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography.

In 2014, there was a case where two men from Yokohama were sent to prosecutors on suspicion of violating the Child Pornography Act, among other charges, for making a girl’s obscene image public on the internet via reposting (retweeting). A 14-year-old boy at the time was also reported to a child consultation center.

When you repost (retweet) or like something, please take a moment to consider whether your action is truly appropriate.

Summary: Consult a Lawyer if There is a Risk of Crime on X(Twitter)

X(Twitter) is an extremely useful tool in today’s information society. However, if misused, it can easily become a weapon that severely harms others.

Not only the posts (tweets) you post, but also reposting (retweeting) or liking inappropriate images or content from others could potentially constitute a crime. Therefore, anyone can easily become a perpetrator or victim of a crime.

However, whether you are a perpetrator or a victim, as the situation escalates, it becomes increasingly difficult to resolve on your own. Therefore, if you find yourself involved in a crime on social media including X(Twitter), we recommend that you promptly consult a lawyer with specialized knowledge.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise 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.