What are the Methods to Remove Negative Reviews on the 'Japanese Telephone Directory Navi'?
Phone Book Navi is a telephone number information site where you can search for reviews and information related to a specific telephone number using the number itself, a name, or an address. If you receive a call from an unknown number, you can view information and reviews related to that number. Among these reviews, there may be negative ones such as “Persistent solicitation from a home tutor. The person in charge is XX” or “It was a solicitation call for an investment scheme that seemed like a scam”. In such cases, there is a risk that users who search for the phone number on search engines or Phone Book Navi may come across these negative reviews. If negative reviews are posted on Phone Book Navi, is it possible to request the removal of such reviews? Also, under what circumstances should you consult a lawyer?
What is Phonebook Navi?
Phonebook Navi allows you to enter a phone number, name, or address into the search bar and view information related to that phone number. Reviews of Phonebook Navi can be viewed not only on the website but also through the smartphone app. By downloading the free Phonebook Navi app to your smartphone, you can display the caller’s information by comparing it with the Phonebook Navi database when you receive a call from a phone number not registered in your phonebook. Therefore, if negative reviews are posted on Phonebook Navi, there is a risk that users who are trying to identify the source of the call through search engines like Google and Yahoo or Phonebook Navi, or users who have downloaded the Phonebook Navi app, may see these reviews and refuse to answer or block calls from that phone number.
What are Negative Reviews Posted on Telephone Directory Navi?
When you search for a phone number on Telephone Directory Navi, you can check information such as the business name and address associated with that number, as well as reviews. Among these reviews, there may be negative ones that could be considered defamatory. What kind of negative reviews are posted on Telephone Directory Navi? Below are some examples of possible negative reviews.
Reviews saying “Persistent solicitation from a home tutor. The person in charge is XX”
This is a case where a review saying “Persistent solicitation from a home tutor. The person in charge is XX” has been posted. If you repeatedly make persistent solicitation calls, you may end up having such a review posted. However, there may have been a misunderstanding between the person in charge and the person who received the call, resulting in the posting of the review. Posting such negative reviews can pose a risk of adverse effects, such as not being able to get people to answer sales calls.
Reviews saying “It was a solicitation call for an investment story that seemed like a scam”
This is a case where a review saying “It was a solicitation call for an investment story that seemed like a scam” has been posted. Such reviews can also provide useful information for users trying to identify the source of the incoming call. However, depending on the perception of the poster, it may have been perceived as a scam solicitation even though it was not. In such cases, if a review saying “It was a solicitation call for an investment story that seemed like a scam” is posted, the business associated with that phone number may suffer damage, such as a decrease in the number of people answering the phone or being blocked from incoming calls due to the review.
Other groundless defamatory posts or posts causing damage to reputation
On Telephone Directory Navi, posts of defamatory reviews or reviews causing damage to reputation against specific businesses or individuals may be made, exceeding the scope of information and reviews about phone numbers. Such reviews should be deleted, just like defamatory posts or posts causing damage to reputation on anonymous bulletin boards like 5ch (formerly 2ch). For information on how to request the deletion of posts on 5ch (formerly 2ch), please refer to the article below.
https://monolith.law/reputation/deletionrequest-for-2chand5ch[ja]
How to Request Removal for Violation of the Telephone Directory Navigation Site Terms of Use
If you believe there is a post that violates the Telephone Directory Navigation Site Terms of Use, you can report it by clicking the “Report Inappropriate Review” button located at the bottom right of the review.
When you click the “Report Inappropriate Review” button at the bottom right of the review, the following screen will appear, where you can describe the specific content of the inappropriate information and send it.
According to Article 5 of the Telephone Directory Navigation Site Terms of Use, measures such as deletion of posted information can be taken if there is a claim from someone claiming to be the rights holder that the posted information infringes on their rights.
The actions prohibited by Article 8 of the Telephone Directory Navigation Site Terms of Use are as follows:
(1) Collecting information for profit or other use of this service
(2) Copying, reproducing, transferring, distributing, or storing the posted information or other content in this service without our prior written consent, or using it for these purposes
(3) Disclosing information obtained through the use of this service to third parties at will, obstructing the operation of this service, damaging our credibility, or actions that may do so
(4) Providing or disclosing false information about oneself, other users, or third parties
(5) Defaming other users or third parties
(6) Damaging or infringing on the intellectual property rights, property, honor, privacy, or portrait rights of other users or third parties
(7) Intentionally manipulating rating scores
(8) Actions that lead to criminal behavior or may do so
(9) Actions that violate laws, regulations, public order and morals, or may do so
(10) Actions that promote unfair discrimination against others and damage their honor or credibility
(11) Proposing personal buying or transferring
(12) Posting information about killing people, injuring people, or cruel acts
(13) One or more users posting the same or similar sentences in the postable places in this service, or listing multiple unrelated or weakly related words, or posting excessively long sentences or a large number of words or the same URL, or other actions that we judge as spam
(14) Unlawfully rewriting or deleting posted information stored in our equipment
(15) Sending or posting harmful computer programs or scripts such as viruses, or leading to harmful pages
(16) Actions that put a burden on our or others’ servers, or interfere with the operation of this service or the network or system, or actions that may do so
(17) Other actions that hinder this service or may do so
https://www.telnavi.jp/agreement/ [ja]
According to these terms of use, it seems that the review stating “Persistent solicitation from a home tutor. The person in charge is 〇〇” can be requested for deletion as it is an act that “infringes on the privacy of a third party” under Article 8, Paragraph 1 (6).
Examples of Removal Requests Based on Illegality
Regarding Article 8, Paragraph 1, Item (6) of the Telephone Directory Navi Site Terms of Use, which refers to “acts that damage or infringe on the intellectual property rights, property, honor, privacy, or portrait rights of other users or third parties,” it is necessary to consider defamation (infringement of the right to honor). What are the requirements for defamation? The requirements for defamation are as follows:
- Publicly
- Pointing out facts
- Defaming someone’s honor
For example, if a review is posted stating, “It was a phone call soliciting an investment story like a scam,” such a statement has a specific meaning, and the act of proposing an investment story like a scam is subject to certain legal regulations. The business operator who is believed to be making such a call will argue that it is disadvantageous for them to be perceived as such, and that they are not soliciting fraudulent investment activities. However, even if the requirements for defamation are met, please note that defamation does not occur if the following conditions are met:
- There is public nature
- There is public interest
- It is true or the truthfulness is recognized
Not only the above example, but also other defamatory reviews and rumor damage reviews need to be examined for defamation. However, removal negotiations based on such claims and legal arguments may be difficult without a detailed understanding of the law. Consulting with a lawyer with extensive knowledge can often lead to smooth removal. The requirements for defamation are explained in detail in the following article.
https://monolith.law/reputation/defamation[ja]
Removal by Provisional Disposition
If a review on Phone Book Navi is not removed even after reporting it through their reporting form, you will need to request removal through the courts. Reviews on Phone Book Navi can be removed not only through litigation procedures but also through a procedure called provisional disposition. Litigation often takes 3-12 months to proceed smoothly, and in some cases, it can drag on for more than a year. On the other hand, if you request a provisional disposition from a lawyer who is familiar with reputational damage, it can often be done in about 2-3 months from the request to removal.
The flow of provisional disposition is as follows:
- Filing for provisional disposition
- Examination (a procedure similar to oral argument)
- Payment of security deposit
- Issuance of provisional disposition order
- Execution
In the case of provisional disposition, it is necessary to submit not only legal arguments but also evidence to prove those arguments. For example, if a post states “It was a phone call soliciting an investment story like a scam,” you would submit as evidence:
- Documents describing the investment scheme
- Manuals related to telephone solicitation
- Documents proving that you have obtained licenses and registrations related to financial business
And argue that “The business operator in question has obtained licenses and registrations related to financial business and is not soliciting fraudulent investment stories.” However, making such arguments and proving them may be quite difficult without the help of a lawyer. For more details on provisional disposition for removal, please refer to the article below.
https://monolith.law/reputation/provisional-disposition[ja]
Identification of Posters through Provisional Dispositions
If baseless defamatory reviews or damaging rumors are frequently posted over a long period of time, it is possible to request a lawyer to make a disclosure request for sender information. A disclosure request for sender information is a procedure based on Article 4, Paragraph 1 of the Japanese Provider Liability Limitation Act. Through this procedure, you can request the disclosure of information such as the IP address, name, and address of the poster of defamatory reviews or damaging rumors. There may be individuals who harbor resentment towards specific businesses or individuals and post unfounded rumors or defamatory reviews on Telephone Book Navi. If the IP address of such a poster is known, it may be possible to identify the poster. The procedure for identifying the sender is as follows:
- Request for information disclosure to the content service provider
- Application for provisional disposition for disclosure of sender information
- Identification of the transit provider
- Application for provisional disposition to prohibit deletion of sender information to the transit provider
- Lawsuit for disclosure of sender information
- Identification of the sender based on the court’s judgment
Once the poster has been identified through the above procedures, you can claim damages from the poster for the attorney’s fees and compensation required for the identification. For more details on the disclosure request for sender information, please refer to the following article.
https://monolith.law/reputation/disclosure-of-the-senders-information[ja]
Summary
Phone Book Navi is a highly convenient site that allows you to search for phone numbers and identify where the call originated from. However, it is not guaranteed to be free from defamatory reviews or rumors based on misunderstandings or malice. For malicious reviews, you can report them through the report form. If the review is not removed even after reporting, there may be cases where it is better to request deletion or identify the poster through the court. Legal claims such as defamation are very difficult to handle without the assistance of a lawyer. If you are troubled by defamatory reviews or rumors, it is important to consult with a lawyer who has extensive expertise.
Category: Internet
