<\/span><\/h3>\n\n\n\nDefamation is a crime that involves publicly presenting facts and damaging a person’s reputation, regardless of whether the facts are true or false (Japanese Penal Code Article 230). However, if the act involves facts related to the public interest and is intended for the public good, and if there is proof of its truth, then it is not punishable (Japanese Penal Code Article 230-2).<\/p>\n\n\n\nCases that constitute defamation (Japanese Penal Code Article 230)<\/td> Cases that do not constitute defamation (Japanese Penal Code Article 230-2)<\/td><\/tr> Publicly<\/td> Public nature<\/td><\/tr> Presenting facts<\/td> Public interest<\/td><\/tr> Damage to reputation<\/td> Truthfulness or reasonable truth<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\nHere, we introduce words and examples that constitute defamation.<\/p>\n\n\n\n
<\/span>Reviews Claiming “The Food at \u00e2\u0097\u008b\u00e2\u0097\u008b is Terrible”<\/span><\/h4>\n\n\n\nReviews on Google Maps or e-commerce sites are generally not considered defamation, but writing emotional, aggressive words or lies can lead to defamation.<\/p>\n\n\n\n
Reviews stating “The food at \u00e2\u0097\u008b\u00e2\u0097\u008b is terrible,” based on the reviewer’s actual experience, are not recognized as defamation. However, writing baseless facts such as “It’s strange that such terrible food gets high ratings” can pose a risk of defamation.<\/p>\n\n\n\n
Therefore, when writing a review, it is important to avoid being overly emotional and to write comments based on facts. Also, excuses like “I only wrote a rumor” will not hold up, so caution is necessary.<\/p>\n\n\n\n
<\/span>Spreading Rumors of an Affair<\/span><\/h4>\n\n\n\nSpreading facts about a colleague’s affair can potentially be defamation.<\/p>\n\n\n\n
Defamation is an act that publicly damages someone’s reputation, and if the facts are likely to become known to others, the requirements for defamation are met. Furthermore, an affair can lower social esteem, and even if the fact is true, it can still be considered defamation.<\/p>\n\n\n\n
If the fact of an affair is disclosed on social media or a blog, the information can be seen by anyone, fulfilling the “publicly” requirement and establishing defamation. Even if names are concealed, if information that can identify the person (such as company name, position, or initials) is disclosed, defamation can be established.<\/p>\n\n\n\n
Therefore, when disclosing information about someone’s privacy, it is necessary to fully consider the possibility of defamation.<\/p>\n\n\n\n
<\/span>Criticizing a Company as a “Black Company”<\/span><\/h4>\n\n\n\nSimply labeling a company as a “black company” does not necessarily constitute defamation. The reason is that the term “black company” is abstract and lacks concrete evidence.<\/p>\n\n\n\n
An example of criticism that could potentially constitute defamation is a post stating “a black company that does ~.” If the post is false, defamation is more likely to be established. On the other hand, if it is true, defamation is not established. Disclosing a company’s illegal activities is treated as information related to the public interest.<\/p>\n\n\n\n
For instance, a post claiming “power harassment is a daily occurrence” can be beneficial as a warning to other job seekers if it is true, and therefore tends to be excluded from defamation.<\/p>\n\n\n\n
<\/span>How to Respond if You Are Insulted<\/span><\/h2>\n\n\n\nIf you are subjected to an insult, the first step is to preserve evidence. Without evidence, it is difficult to pursue a charge of insult. Furthermore, it is essential to understand the definition and requirements of the crime of insult, as it involves publicly insulting someone.<\/p>\n\n\n\n
The key point of the crime of insult is whether the act is done “publicly.” Publicly refers to a state where an unspecified number of people or a large audience can recognize the act. Insults on internet forums or social media meet this requirement, but direct messages (DMs), private chats, or one-on-one interactions may not fulfill the “publicly” requirement. However, comments made to a specific few can be considered public if there is a possibility that the conversation could spread to outsiders.<\/p>\n\n\n\n