What is the Method of Deleting Reviews on Rakuten Travel?
Rakuten Travel is a website where you can search for and book domestic and international travel plans and accommodation. Rakuten Travel also has a feature that allows users to post reviews, such as comments about hotels, enabling users to choose their hotel based on these reviews. Among these reviews, there may be negative comments such as “Staff A at XX Hotel is useless” or “The manager of YY Hotel appears on TV occasionally, but apparently has a criminal record”. In such cases, there is a risk that users searching for hotels or tours on search engines like Google and Yahoo, or within Rakuten Travel, may come across these negative reviews. If negative reviews are posted on Rakuten Travel, is it possible to request their removal? And in what cases should you consult a lawyer?
About Rakuten Travel
Rakuten Travel allows you to search and book hotels, inns, and tours based on keywords, maps, and dates. Additionally, you can write and read reviews (customer feedback) of accommodation facilities. If negative reviews about an accommodation facility are posted on Rakuten Travel, there is a risk that users who are searching for accommodation facilities or travel tours on search engines like Google or on Rakuten Travel may hesitate to stay at that facility.
What are the Negative Reviews Posted on Rakuten Travel?
When you search for accommodation facilities such as hotels and inns on Rakuten Travel, you can read reviews and ratings on services, location, meals, etc. Among them, there are negative reviews, including slanderous ones. What kind of negative reviews are posted on Rakuten Travel? Below are some examples of possible reviews.
Reviews Mentioning the Real Names of Hotel Staff
This is a case where a hotel guest posts a review saying, “Staff A at Hotel XX is too incompetent.” There may be a misunderstanding between the hotel guest and the staff, and such a review may be posted based on that misunderstanding. As a result of such negative reviews being posted, there is a risk of negative effects such as a decrease in the number of guests staying at the hotel.
Reviews Saying “The Manager of Hotel YY, Who Sometimes Appears on TV, Seems to Have a Criminal Record”
This is a case where a review saying “The manager of Hotel YY, who sometimes appears on TV, seems to have a criminal record” is posted. Due to the poster’s misunderstanding, there is a possibility that the person has been confused with someone else with a similar name or background who has a criminal record. In such cases, if a review saying “The manager of Hotel YY, who sometimes appears on TV, seems to have a criminal record” is posted, the hotel in question may suffer damages such as a decrease in the number of guests due to the impact of the review.
Other Groundless Slanderous Posts and Posts Causing Damage by Rumor
On Rakuten Travel, there may be cases where reviews that go beyond the satisfaction level of accommodation facilities, such as slander and damage by rumor against the facility or its staff, are posted. Such reviews should be deleted, just like slanderous posts and posts causing damage by rumor on anonymous bulletin boards like 5channel (formerly 2channel). For information on how to request the deletion of posts on 5channel (formerly 2channel), please refer to the article below.
https://monolith.law/reputation/deletionrequest-for-2chand5ch[ja]
How to Request Removal of a Review for Violation of Rakuten Travel’s ‘Customer Reviews’ Terms of Use
If you believe a review has been posted that violates the ‘Customer Reviews’ 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 and log in to Rakuten Travel, the following screen will appear. By clicking the ‘Report’ button on this screen, you can report an inappropriate review. However, as noted at the top, reporting a review does not guarantee its removal.
According to the Rakuten Travel ‘Customer Reviews’ Terms of Use, if a posted review is deemed to violate the terms, it can be removed. The following actions are prohibited under Article 7, Paragraph 1 of the ‘Customer Reviews’ Terms of Use:
(1) Including information that can identify a specific individual, such as the name of a hotel or transportation facility other than the one being reviewed, room number, or name
https://web.travel.rakuten.co.jp/portal/my/toukou.guideline_display[ja]
(2) Including evaluations, criticisms, or opinions about other posted reviews
(3) Posting false information
(4) Including content for commercial advertising purposes
(5) Violating laws or public order and morals
(6) Including defamatory, discriminatory expressions, or content that infringes on honor, privacy, copyright, etc.
(7) Including inappropriate or obscene expressions
(8) Any other content that our company deems inappropriate
According to these terms of use, a review such as “Staff A at Hotel XX is useless” can be reported as it includes “information that can identify a specific individual, such as the name of a hotel or transportation facility other than the one being reviewed, room number, or name”.
Requesting Removal on the Grounds of Illegality
For the “defamatory, slanderous, discriminatory expressions, including defamation, privacy infringement, copyright infringement, etc.” stipulated in Article 7, Paragraph 1, Item (6) of the Rakuten Travel “Customer’s Voice” Terms of Use, you should consider defamation (infringement of the right to honor). The requirements for defamation are as follows:
- Publicly
- Pointing out facts
- Defaming someone’s honor
For example, if a review is posted stating, “The manager of the XX hotel, who appears on TV occasionally, seems to have a criminal record,” such a statement has a specific meaning content. It is disadvantageous for the hotel to be perceived as employing a manager with a criminal record. If the manager does not have a criminal record and it is argued that he is being confused with someone with a similar name who does have a criminal record. However, even if the requirements for defamation are met, if the following conditions are met, defamation will not be established, so caution is needed.
- There is public interest
- There is public benefit
- It is true or the truthfulness is recognized
Not limited to the above example, it is considered that other defamatory reviews and rumor damage reviews should also be considered for defamation. However, deletion negotiations based on such claims and legal arguments may be difficult if you are not familiar with the law. Consulting with a lawyer with extensive knowledge may allow for smooth deletion. 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 is not removed even after reporting it through the report button, you will need to request removal through the courts. Reviews on Rakuten Travel can be removed by a procedure called provisional disposition, without the need for a lawsuit. Lawsuits often take 3-12 months to proceed smoothly, and in some cases, they can take more than a year. On the other hand, provisional dispositions can often be completed in about 2-3 months if you consult with a lawyer who is experienced in dealing with reputational damage. The flow of provisional disposition is as follows:
- Application for provisional disposition
- Hearing (a procedure similar to oral argument)
- Payment of security deposit
- Issuance of provisional disposition order
- Execution
In the case of provisional disposition, not only legal arguments but also evidence to support those arguments are required. For example, in the case where it is written, “The manager of the XX hotel, who appears on TV occasionally, seems to have a criminal record,” you would submit as evidence:
- A document describing the manager’s background
- A document showing that a person with a similar name to the manager has a criminal record
And argue that “The manager of our hotel does not have a criminal record, and there is a risk of confusion with a person with a similar name who has a criminal record.” However, it is very difficult to make such arguments and prove them 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]
Identifying the Poster through Provisional Disposition
If defamatory reviews or rumors, without any basis, have been posted over many years, it is possible to request a lawyer to make a request for disclosure of sender information. The request for disclosure of 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 rumors. Rakuten Travel has established terms of use to prevent defamatory reviews, but there may be cases where someone who holds a grudge against a certain accommodation facility or staff posts baseless rumors or defamatory reviews. In such cases, if the poster’s IP address is known, the sender can be identified. 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
- Identify the transit provider
- Application for provisional disposition to prohibit deletion of sender information to the transit provider
- Lawsuit for disclosure of sender information
- Identify the sender based on the court’s judgment
Once the above procedures are completed and the poster is identified, you can claim damages from the poster for the attorney’s fees and consolation money required to identify the poster. For more details on the request for disclosure of sender information, please refer to the following article.
https://monolith.law/reputation/disclosure-of-the-senders-information[ja]
Summary
Rakuten Travel is a convenient website where you can search for and book accommodations and tours online. However, it is not entirely free from malicious reviews and reputation-damaging comments that may arise from misunderstandings or ill intentions. In such cases, it may be beneficial to report violations to Rakuten Travel, or to request the removal of posts and identification of the poster through the courts. Legal claims such as defamation are often handled more smoothly when entrusted to a lawyer. If you are troubled by defamatory reviews or reputation-damaging comments, it is important to consult with a lawyer who has extensive expertise as soon as possible.
Category: Internet
