An Attorney Explains How to Delete Posts on Host Clubs (Host Love)
Host Love (hereinafter referred to as Host Love) is a bulletin board site specializing in nightlife establishments such as host clubs and cabarets. It receives a wide range of posts, from reviews of shops and staff to unrelated chit-chat.
Unfortunately, Host Love is not without its share of reviews that constitute defamation or invasion of privacy. If you discover a post that slanders you or leaks your personal information, you would naturally want it removed as soon as possible.
Therefore, in this article, a professional lawyer will explain how to delete posts on Host Love. The explanation is provided in a way that is easy to understand, even for those who are not familiar with the law, so please take a moment to read it.
Overview of Hosurabu
Hosurabu is an information exchange site for the nightlife industry. Initially launched in 2001, it was specifically designed for host clubs. However, it has since evolved to cater to various sectors such as the water trade, adult entertainment, and general discussions. With over two million monthly users, the site also features dedicated forums for all 47 prefectures in Japan, showcasing its local aspect. (※Usage is not permitted for individuals under 18 years old.)
What constitutes a removable post on Hostlove?
It’s not uncommon to stumble upon defamatory reviews when searching threads on Hostlove. If you can prove that a post violates the site’s terms of use or is illegal, it can be removed. The two types of content that can be subject to removal on Hostlove are ‘defamation’ and ‘invasion of privacy’.
Potential defamation on Hostlove
Given the high number of users involved in the nightlife industry, the site often sees instances of defamation. For example, there may be cases of defamatory comments against fellow workers or rival establishments, or instances where rival establishments post negative reviews to tarnish the reputation of competing businesses. Furthermore, as it is a service industry, there is also the possibility of receiving complaints from customers about the establishment’s response.
Due to the large number of users on Hostlove, complaints or dissatisfaction expressed against an establishment can directly affect customer traffic. It can be said that it is necessary for the establishment to take measures against defamation and damage to reputation on Hostlove.
Invasion of Privacy
For instance, a host’s regular or infatuated customer may engage in stalker-like behavior, such as posting pictures of the host’s girlfriend on the site. The exposure of personal information on the internet can often have a significant impact on daily life. If the company finds out, it may no longer be possible to continue working as before.
There is also the possibility of employees leaking customers’ personal information. If posts like “I served celebrity XX the other day, but they were stingy” are made, it could lead to a significant image downfall, especially in the case of idols or actresses.
Furthermore, there are cases where corporate executives use the service for entertainment. If posts like “The president of XX company came the other day and told me about his affair” are made, it could lead to a loss of trust from employees, damage the company’s image, and potentially harm sales and performance.
How to Remove Posts from Hostlove for Violating Terms of Service
The guidelines for requesting removal from Hostnavi are as follows:
Hostlove Removal Request Guidelines
About Personal Names, Addresses, and Affiliations
- Those intended for personal identification through defamation
- Information already made public on SNS or phone books
- Information of value
- Information of public interest
Phone Numbers
Even if some personalitys are hidden or suggestive strings are used, all phone numbers are subject to removal.
Exceptionally,
- Clearly public ones
- With the poster’s handle or host information
- Can be confirmed at the link destination
Such information will not be removed.
Email Addresses and Host Information
Only when it is clear that the intent is malicious and aimed at attack, or when it is judged that the purpose is to expose it to the public without any explanation of the purpose, it will be subject to removal.
About Defamation
Anything other than descriptions that are in line with the purpose of the board and have public interest, or descriptions about the facts from direct stakeholders or victims, will be removed if they contain information that can identify individuals.
Private Life Information
Private life information without public interest and private information of third parties will be removed uniformly, even if they do not contain defamation and cannot identify individuals.
As stated above, the criteria for removal are quite specific. The often-mentioned “public interest” means “for the benefit of society in general”. Posts intended to damage the reputation of rival stores are not considered to be of public interest.
How to Request Removal from the Site
Requests for removal from the site can be completed by filling out the contact form. Click on “× Removal Request” at the bottom of the top page. In the contact form, you need to fill in:
- The 14-digit number of the target URL (thread)
- The target response number
- The reason for removal (noted from the guidelines)
Fill in these three items. In the reason for removal, describe in 500 personalitys or less how the target post violates the guidelines.
Removal will be done within 96 hours. Since there is no specific contact about the result, if the review is still public even after more than a week, you can assume that the removal has failed.
Please note that the removal decision is made by volunteers. Therefore, even in cases where there is a clear violation of the terms of use, it is possible that the case may slip through the monitoring check because it is done by volunteers.
Also, the content of the removal request will be published on the site as “Removal Request History”. If you are not careful about how you write, there is a possibility of secondary damage. It is recommended to refrain from writing content that can easily identify individuals.
How to Legally Request the Removal of Posts on Hostlove
Even if a request to remove a post from a site fails, it is possible to request the removal of illegal posts through the courts. We have explained that posts subject to removal on Hostlove can be divided into defamation and privacy infringement. These may be recognized as illegal for infringing on the right to honor or privacy.
Removal due to Defamation
Defamation refers to lowering the social evaluation of others or organizations by publicly indicating a certain fact. For example, if someone writes, “The president of XX company is having an affair” or “This shop is a rip-off,” it can damage the reputation of the company or shop, thus constituting behavior that lowers social evaluation.
The issue is whether the indicated matter is true or not. If it is true, the likelihood of defamation being established is low.
Defamation is stated in Article 230 of the Japanese Penal Code as, “A person who publicly indicates a fact and defames the honor of another person shall be punished with imprisonment for up to three years or a fine of up to 500,000 yen, regardless of the truth of the fact.” Thus, if defamation is recognized, there is a possibility of imprisonment. It is also possible to request removal in civil cases.
If you want to know more about the conditions for defamation, please see this article.
https://monolith.law/reputation/defamation[ja]
Invasion of Privacy
If personal information such as address and name is posted, it is possible to claim an invasion of privacy. If matters related to private life that are not disclosed to third parties are exposed to many eyes and the victim feels uncomfortable, there is a high possibility that an invasion of privacy will be recognized.
The difference from defamation is that the claim can be recognized even if it is true. Invasion of privacy is not listed in the Penal Code and can be said to be not a crime. However, it is possible to question civil liability, so it is possible to request removal on the grounds of invasion of privacy. The right to privacy is a right that has been recognized relatively recently, so it is not listed in the law, including the Civil Code. It is a right that has come to be recognized in precedents.
If you want to know more about the requirements for invasion of privacy, please see this article.
https://monolith.law/reputation/privacy-invasion[ja]
Requesting Removal Through the Courts: Provisional Disposition
When it comes to legal procedures through the courts, many people may imagine initiating a lawsuit. However, in the case of requesting the removal of online reviews, a procedure called provisional disposition, rather than a lawsuit, is used. In a nutshell, provisional disposition is a procedure similar to a swift trial.
If the court acknowledges that there is a basis for the claim, a removal order will be issued from the court to the site operator. Even though it’s a provisional disposition, it’s an order from the court, so in most cases, the site will comply with the removal. Provisional disposition is a procedure often used in practice because it allows for a quick response compared to a lawsuit.
However, in order to be granted a provisional disposition, it is necessary to legally assert and prove that the post is illegal, just like in a lawsuit. You need to convince the court by arguing and presenting evidence about what rights this post is infringing and why it can be said to be infringing. Such arguments can be difficult for laypeople, so you should consult with a lawyer who is experienced in dealing with online defamation.
https://monolith.law/reputation/provisional-disposition[ja]
How to Identify the Poster of a Host Love Message
In some cases, you may want to claim damages from the person who made the post. For example, if your daily life is disrupted because your face photo has been published. By going through the court process, it is possible to not only delete the post but also identify the poster, enabling you to claim damages.
In such cases, there is a set procedure of first requesting the site operator to disclose the IP address, identifying the provider, and then filing a lawsuit to disclose the sender’s information against the provider. Site operators often do not hold the personal information of the poster, so it is necessary to obtain the IP address first. Host Love is a bulletin board type site that can be used without registration, so it does not hold any information about the poster.
https://monolith.law/reputation/male-hostclub-specific[ja]
Summary
The two methods to remove posts from Hostlove are to ‘claim a violation of the terms of use and directly request the site for removal’ and ‘claim illegality and request removal through the courts’. When requesting removal from the site, you can complete the inquiry by filling in the necessary information on the inquiry form. However, removal is handled by volunteers called ‘removal personnel’, so it is not guaranteed that the post will be removed.
If you fail to remove the post by yourself, we recommend that you hire a lawyer to argue the illegality of the post to the court and obtain a removal order.
Category: Internet