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👍 | VISSEL KOBE formulates SNS guidelines "Do not admit unprovoked slander"


Photo J1 Kobe players and staff promoting the formulation of guidelines for the membership exchange site (SNS) = Ibuki no Mori Stadium, Nishi-ku, Kobe City ⓒ VISSEL KOBE

VISSEL KOBE formulates SNS guidelines "Do not admit unprovoked slander"

 
If you write the contents roughly
The guidelines clearly state prohibited acts such as slander, defamation, and privacy infringement, and will respond to such posts with a determined stance.
 

On the 1th, J7 Kobe devised guidelines for discriminatory remarks and slander on the membership exchange site (SNS) ... → Continue reading

 Kobe newspaper


Wikipedia related words

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Policies

right > Moral rights > Policies

Policies(Privacy,British: Privacy) Is a legal matter that does not reveal personal matters unnecessarilyProtectionrightIs[1].personal informationIn the context of protection, others are in control自己Refers to the right to request correction / deletion of information (active privacy right).English privacy TheKatakanaIt is written and may be translated as private rights in Japanese.

Definition and transition of privacy

The concept of privacy in the legal system is alreadyCommon law"It was used as a tort law right in the sense of freedom not to disclose information about an individual's private life and freedom not to be invaded by others in the territory belonging to private affairs."[2]

Privacy was theorized as a legal right in 1890, when an American lawyerSamuel D. WarrenLouis_BrandeisIs the "right to privacy" (The Right to Privacy) Is published in the Harvard Law Review.They call privacyRight to be alone"(The right to be let alone)[3].. One of the interpretations of "let me stay alone" is that if you want to be isolated, you can choose it, and in a private space like your own home, you will be investigated or snooped by others. Can be interpreted as being able to escape from things[4].

In 1960, William L. Prosser categorized privacy into the following four types in a treatise entitled "Privacy" (Four classifications of Prosser): Invasion of private life, disclosure of private facts, misleading public disclosure, plagiarism (name, portrait, etc.)[3].

After that, with the advent of the information society, the right to privacy came to have a positive meaning (Positive privacy), Alan Westin, in his 1967 book "Privacy and Freedom," described the right to privacy as "the right to control information about oneself."[5][6]..This definition is one of the most popular theories of privacy.[7].

Kyoto UniversityKoji SatoIs based on this theoryRight to control personal informationThe right to advocate and define "the right of an individual to pursue the purpose of judging that he or she is good as a morally autonomous being, to communicate with others, and to select the scope of disclosure of information related to his or her existence. "It was adopted[8][9]..He is also a constitutional scholar at the University of Tokyo.Nobuyoshi Abe"The right to privacy is the right to control information about oneself with the development of the information society" (Information privacy rights) Is perceived as[10].

Although the right to privacy in Japan varies depending on the theorist[11]In Japanese constitutional law, the right to control self-information is the most powerful interpretation of the right to privacy.[12]..Privacy rights in Japan are not limited to self-information control rights and the above-mentioned right to be alone.Right to self-determination,Right to quiet privacyIs presented[11]..The right to self-determination means "the right of an individual to decide on certain personal matters without interference from public authority".[13]To explain the right to privacy of tranquility with an example, "The benefit of not being disturbed by listening to a big broadcast even though you do not want to hear it on the train or bus"[11].

Privacy issues

Main issues

The issues of the privacy debate can be categorized as follows:[14] :

  1. The right to be let alone
  2. The option to limit the access others have to one's personal information
  3. Concealment, that is, the option to conceal any information from others
  4. Control over others' use of information about oneself
  5. States of privacy
  6. Personhood and autonomy
  7. Self-identity and personal growth
  8. Protection of intimate relationships

Regarding "privacy status", Alan Westin defines four privacy statuses (or experiences): solitude, intimacy, anonymity, and reserve.[15].."Familiarity" here refers to an intimate and relaxing relationship between individuals.[15], "Collateral" means that a psychological barrier can be created against unwanted infringement, which guarantees a state in which the desire to limit the transmission of information about oneself is respected. doing[15].

Regarding "humanity and autonomy," Jeffrey Reiman described privacy as if he had the right to self-determine his physical and psychological substance and moral rights.[16].

Privacy is sometimes understood as a prerequisite for establishing "self-identity and personal growth." Irwin Altman states that privacy barriers define the boundaries between the surroundings and the self and help define them as the self.[17]..Hyman Gross also suggests that without privacy, one cannot express himself freely and cannot tackle self-discovery and self-criticism.[18]

Privacy of the dead

Regarding the right to privacy of the deadThe United States of America-The United KingdomIn the law, along with defamation, therebyBereaved familyIt is said that you cannot sue unless you have been invaded by privacy.on the other hand,Germanyな どEuropeAlthough the law recognizes the personality rights of the dead themselves, the case law and theories are divided into two.FranceThe law isImprove Your Social LifeIt is said that those who photographed individuals in various places without consent will be punished for infringing their private lives.[19].[Question]In Japan, infringement of the personality rights of the bereaved family (defamation, etc.)Lawsuit-JudgmentThere are many examples leading to[20].

Conflict with other human rights

When dealing with privacy rightsFreedom of expression,Freedom of the press,Right to knowOthers such ashuman rightsConflict / collision with[1]..In addition to the "after the banquet" trial described below, in recent years,Misato YanagiThe novel "Fish swimming in the stoneThe woman who became the model for the characters inPublicationAppeal for injunctionCivil actionAndMakiko TanakaThe magazine "The divorce of the eldest daughter ofWeekly Bunshun"ButPrivacy invasionWas sued,Tokyo District CourtAttracted attention in cases such as the case where the company decided to suspend the publication of a temporary disposition (however, the high court canceled this provisional disposition decision).[21].

Internationalization of privacy rights

OECD 8 Principles

1980 years,Organization for Economic Co-operation and Development (OECD)The Board recommends privacy guidelines, in which the following principles (OECD 8 Principles), Which had a great influence on the personal information protection systems of each country in the world.

  • Principle of collection restrictions
  • Data content principles
  • Principle of clarifying purpose
  • Principle of usage restrictions
  • Safety protection principles
  • Principle of disclosure
  • Principle of individual participation
  • Principle of responsibility

The "Privacy Guidelines" were revised on July 2013, 7 and published on September 11, 2013, but the "Privacy 9 Principles" remain unchanged.[22] [23].

EU Data Protection Directive

European UnionIn 2, two years after its inauguration, in order to standardize the privacy-related legal system among member countries.EU Data Protection Directive(Formal name:Directive on personal protection related to personal data processing and free movement of the data[24]), Encouraging EU countries to develop legislation in accordance with this directive, and requesting that an organization be prepared to monitor the implementation of domestic law (Article 28).[24]..However, regarding the detailed implementation rules of domestic law, we only emphasize the voluntary code of conduct and ethical code of industry groups (Article 27).[24].

If a country other than the EU does not meet the standards of this Directive, the Directive prohibits the transfer of personal data within the EU to that country or any company in that country (Article 25, paragraph 1).[24]..Therefore, countries outside the EU were also encouraged to establish a personal information protection system, and Japan was also encouraged to adapt the personal information protection legislation to this directive.[24].

As of 2016, the EU is newEU data protection regulationsConsidering adoption[25].

APEC CBPR

Asia Pacific Economic Cooperation (APEC)But in 2004APEC Privacy PrinciplesIn November 2011, it is a system to certify that the efforts for cross-border personal information protection of companies, etc. conform to the APEC privacy principle.APEC Cross-Border Privacy Rules(Cross Border Privacy Rules, CBPR) adopted[26][27].

PIAInternational Standardization Committee ISO In April 68, TC2008 (Financial Services Expert Committee) published a standard document as ISO4 (Financial services Privacy impact assessment).

Personal information protection management system

Personal information protection management system(PMS, Personal information protection management systems)[28]Is a management system that businesses have to protect personal information, and is a foundation.Japanese Standards AssociationBy the original plan ofJIS Q 15001(Personal Information Protection Management System-Requirements) Was formulated.

Japan Institute for Promotion of Digital Economy and Society (JIPDEC)Was judged to have built a personal information protection system conforming to JIS Q 15001 in an operational state.business personOn the other hand, JIPDECRegistered trademarkIsPrivacy markIs allowed to be used.

The latest version of JIS Q 2016 as of 2006, including planning (Chapter 15001), implementation and operation (Chapter 4.3), inspection (Chapter 4.4), and review by business representatives (Chapter 4.7), is so-called.PDCA cycleIt can be interpreted that the level of personal information protection will be continuously improved by turning.[29].

It is a management system created in 1999 following the precedent overseas, and the same idea regarding the protection of personal information was fully enforced from 2005.Law concerning the protection of personal information(Hereinafter, "Personal Information Protection Law") can also be seen.

Right to privacy in the United States

In the United States, in 1890, two lawyers, Samuel D. Warren and Louis C. Brandeis, began advocating for privacy rights.[30], They wrote in the treatise "1868 Introduced the May 5 Newspaper Law, arguing that French law already recognizes right to privacy[31].

Right to privacy in Japan

History

1887 in JapanNewspaper regulationsAdopted a truth proof system and established a provision using the translation of "private bank"[31]..On the other hand, the right to privacy is found in Kojiro Yamazaki's "Newspaper Moral Theory" (1929) and Senichi Harumura's "Newspaper Legal Theory" (1933).Second World WarIt has been introduced for some time, and in these books, the right to privacy was considered to be different from the "private bank" of the newspaper regulations.[30].

After the war"After the Banquet" trialSince the word privacy was used in the Tokyo District Court decisionMoral rightsIt is recognized as a word and has become established as a word[21], Case law in this case[32]Privacy isIndividualDemand that things about your personal life and that it is hidden from others and not interfered withrightWas said to be. The "after the banquet" case was the first case in Japan to claim privacy rights.[31]The plaintiff and the litigation agent do not dare to file a defamation proceeding because they think that it is necessary to incorporate the right to privacy as a right in Japan, and insist only on the infringement of the right to privacyLawsuitWas raised[30].

The Constitution of JapanHas no explicit provisions,Article 13(Respect for individuals) Is understood to be guaranteed.Civil Code Article 709It is also a matter related to.

Personal Information Protection Law

Personal Information Protection LawAs a guarantee of more active privacy rights2003 (15) Established on May 5,2005 (17) It was fully enforced from April 4st.The law isDatabaseThe management of the above personal information (personal data) is also stipulated.

My goal ispersonal informationThe purpose is to protect the rights and interests of individuals while giving consideration to their usefulness. The philosophy is that "personal information should be handled carefully under the philosophy of respecting the personality of individuals, and its proper handling is shown in the figure. Must be. "(Article 3 of the law).The content is in line with the above recommendations of the OECD Council.

The purpose of this law is personal information on the database (personal data:Article 2 of the same law) Is a law that optimizes management and guarantees positive privacy rights.The purpose is mainly to exclude causes that are not caused by one's will (eg, criminal cases, etc.) or the use of information by a third party due to one's ignorance, and in short, there is harm that is not useful to oneself. It excludes various acts.However, due to lack of understanding of the purpose of the law, "I can't make a class list / graduation album", "I refuse to provide personal information to medical institutions", "A railroad company has confirmed the safety of my family even though a railroad accident occurred. Examples of overreactions such as "will not respond"National Life CenterReported to[33].

Internet real name system

YouTube,Facebook,GoogleWith the real name system of the InternetSlanderMany companies think that the number will decrease, but some have questioned the effect.[34].

Korea's Internet real name system failed

Full-scale introduction of the Internet real name system (restricted identity verification system) in 2007 South KoreaIn, malicious writing decreased by 40% immediately after the introduction, but three years later, it decreased by about 3% compared to the time of introduction, and cybercrime doubled in some years, so no clear effect was obtained.[35]..According to the Korea Communications Commission's announcement, the percentage of malicious posts fell from 13.9% to 13%, down 0.9%.[36][34]..Yanagi Bunju's "Enforcement and effect of Internet real name system in South Korea』によると、ウェブサイトDCINSIDEの掲示板における制限的本人確認制の導入前後の書き込みは、誹謗の割合が26.8%から23.4%に,悪口は5.1%から2.1%に減少した。また、ウェブサイトDAUM、DCINSIDE、MONEYTODAYでは悪性コメントが占める割合が15.8%から13.9%に減少し、程度によって分類する場合、重度悪性コメントは8.9%から6.7%に減少し、軽度悪性コメントは6.8%から7.2%に増加した [37].. In August 2012, the number of cyber attacks surgedFreedom of expressionIt was decided unconstitutional for infringing the Internet, and the Internet real name system was abolished in about 5 years.[38][39].

Research on Internet real name system

Carnegie Mellon UniversityAccording to the results of a continuous analysis by Daegon Cho and Allessandro Acquisti, the real name system significantly reduced comments using rants and radical expressions.In a survey six months after the enforcement, abuse decreased from 6% to 5.58% overall, and radical expressions increased slightly to light users, but decreased significantly among middle users and heavy users, 3.26% ​​overall. Decreased from 29.27%[40].

Keio University OfTatsuo Tanaka・ Empirical research by Satoshi Hamaya "Does the Internet Divide Society?According to, subscribe to newspapers, watch TV wide shows, orFacebook,TwitterThe use of social media such as, does not affect the user's "extreme opinion", net blogs tend to moderate the user's opinion, and net news and TV news tend to intensify the user's opinion. It was.If the use of the Internet makes opinions more radical, the younger people who are familiar with the Internet are likely to become more radical, but the opposite is true, the older people tend to have more radical opinions, and at least at present, the Internet causes radicalization of opinions. I wasn't.Younger people use the Internet more actively, and older people use newspapers and television, but the difference between traditional and online media was irrelevant to the extremes of opinion.[41].By continuing to educate and raise awareness of participants (especially young people), it is possible to make the Internet a constructive discussion space.

economist·International UniversityGLOCOMLecturer Shinichi YamaguchiBurningWhile it is widely known, only about 1% of the respondents have "written once" or "written more than once" who have actually been involved in the flames, and "written once". Since there are more than twice as many people who "have written more than once" than those who "have written", it is said that a very small number of people are actually involved in the flame multiple times.[42]..Also, from the online questionnaire survey conducted in April 2018,Analyzing that "there are more aggressive people on the Internet than in the real world" but "a large number of people with extreme opinions are sending out"did.This kind of bias in online public opinion shows a similar tendency in a survey of the United States, and is considered to be a universal phenomenon.It is said that the characteristics of the net are linked to "strengthening the transmission power of people who originally have extreme opinions", and the owners of extreme opinions deny others from above on the net, or in large numbers I write it because I think that I am right and the owner of the dissenting opinion is wrong (because I think that I am justice), so I am using the real name system.FacebookEven above, it is not uncommon for people to write abusive miscellaneous words by revealing their faces and names in the comment section of news and celebrity posts, and it is expected that the effect of the real name system will be weak.[36].

Korean case study on privacy

Overview

1962 ToResident Registration NumberWas introduced, and a common number system that met the four conditions of lifelong number, compulsory numbering, number printing on cards, and private use was permeated into daily life.[43][44].Net that does not require a common number (former: Anti-Juki Net Liaison Committee)According to a local interview report interviewed by Takashi Shiraishi and Mr. Takashi Shiraishi, privacy infringement, information leakage, and spoofing cases occurred frequently, including 2007 million cases of unauthorized access and information leakage from 2015 to 2. However, there has been no major opposition to the numbering system itself. In 2012, South Korea's largest opposition Democratic Party, Jin Sung-mi, said, "It's difficult to completely reconsider because I've been used to using numbers for 50 years and I'm used to it."[44][45].

インターネット OfSlander 社会 問題Since 2007Internet real name systemWas introduced.It is not obligatory to always write in the real name, but it is obligatory to strictly verify the identity at the time of user registration for bulletin boards and portal sites with many users. "Restricted identity verification system"Also called[46]..Immediately after the identity verification was performed, the number of malicious writings decreased, but three years later, it reached the level before the introduction, and no clear effect was obtained.[35][36]..In addition, personal information was leaked one after another, and Lee Jung-hwan, a reporter for the Korean media magazine "Media Onul," filed a lawsuit against the constitution of the Internet real name system.It was decided unconstitutional in August 2012, and the Internet real name system will be abolished in about 8 years.Became[44].

Case study

  • Resident Registration NumberIntroduced (1962)Park ParkIn the attempted assassination of the president, in order to identify the North Korean spy who was allegedly the mastermind, he was given a resident registration number and required to carry proof of nationality.[47].
  • Resident Registration CertificateIssued (1968)— As of 2015, the name, resident registration number, date of birth, current address, issue ward office name, etc. are listed on the front side, and there is a fingerprint stamping column on the back side.[47].
  • Introduced Internet real name system on political sites during election campaign period (2003)— According to Article 82, Paragraph 6 of the "Public Offices Election Act," identity verification with a real name is required when writing about elections on a bulletin board operated by a news organization that has a strong influence on public opinion formation.[46][34][48]..In South Korea, the online election campaign started from the 2002th presidential election in 16.[49].
  • "I-PINEnforcement (2006)Resident Registration NumberIntroduced I-PIN (Internet Personal Identification Number) due to a series of leaks[43].
  • Introduced Internet real name system (July 2007, 7)— Introduced a "restricted identity verification system" in the "Act on Promotion of Information and Communication Networks and Information Protection". Of "Akpur (malicious writing)"社会 問題Actress Jeong Da-Bin and singer YuniSlanderReceived an incident such as committing suicide in[50], Only those who can confirm their identity can write.Conducted for public institutions such as national institutions and local governments, and portal sites with an average daily visitor of 1 or more[51][48][34]..It also applies to comments on news articles and "knowledge in" where users answer user questions.Use of search, webmail, blog, club service, etc. is not applicable.The methods of identity verification include "credit card authentication" that verifies the identity with various card information such as credit card numbers, and "official certificate" that is an encrypted electronic document issued by a government consignment agency.Websites subject to the Internet real name system are obliged to take measures to ensure that they are who they say they are and that their personal information is not leaked.[51][52]..The site administrator is maliciousSlanderWas posted,LibelIf there is a person who wants to sue for damages such as privacy infringement, personal information such as the name and address of the person who attacked will be disclosed.[50].
  • Changed the regulation target according to the popularity of the site with the Internet real name system (2008)— 10 annual visitors have also been expanded to regulation.In addition, we took measures to change the target site according to the replacement of popular websites.[53][34].
  • (2008)— 1860 million members from corporate auction sitesResident Registration Number, Name, address, etc. leaked due to hacking[54].
  • Internet real name systemYouTubeExcluded (April 2010)YouTubeThe number of visitors per day exceeded 10, and it became a real name system application site from April 2009, but the operating companyGoogle South KoreaOnly for nationality usersUploadIt has blocked its function and avoided the application of the law.GoogleBlog"In Google serviceFreedom of expression"The absence of the laws and democratic procedures of a particular country is far from Google's principles, and it is not possible to run a business that complies with the laws of that country and benefits employers." Expressed disobedience to the real name system.Cho Hae-gun, the head of the Network Ethics Team of the Korea Communications Commission, said, "Internet address abroad (domain) Is not applied to the real name system, but it was pointed out that it is a painful logic that causes reverse discrimination from domestic registered sites.[55][56].
  • (2010)— ChinesehackerArrested after illegally obtaining information on 7 million members from seven shopping sites.From 650 other sitesResident Registration Number2000 million personal information including the leaked.Also, from the member information of the credit card company "Hyundai Capital"Resident Registration NumberA hacker who stole 175 million people threatened the company and 1 millionウ ォ ンRequest[54].
  • (2011)— 3500 million people from portal sites “Nate” and “Cyworld”Resident Registration NumberPersonal information such as is stolen[54].
  • Internet real name systemNew York TimesCriticized (September 2011, 9)— In an article entitled “Naming Names on the Internet,” Korea's Internet real name system is described as a “lousy idea.”Anonymous not only protects personal information, but also claims to be an indispensable means for insiders to express their opposition to politics and reveal corporate secrets, such as the Arab state's anti-government demonstrations. "The Internet real name system can be one way to form a better Internet culture, but anonymity is not the cause of all the problems and incidents that occur online," he said.[57].
  • Introduced Internet "shutdown system" (November 2011, 11)— 16 hours from midnight to 0 am for adolescents under 6 years oldonline gameThe use of was prohibited.Game companies are obliged to take measures to forcibly exclude access from youth based on registration information[58]..Violations will result in imprisonment of up to 2 years or a fine of up to 1 million won (about 75 yen).Deaths triggered by online games andゲ ー ム 中毒From parents with children diagnosed asonline gameMany complaints have been received and it has become a serious social problem.Female Family DivisionProposed and promoted the bill.Resident Registration NumberThe modern age of forcibly banning plagiarism and entertainmentProhibition LawTechniques that seem to be, the legitimacy that only online games are applicable among many entertainments, overseas services are not covered, only Korean products, games for educational purposes such as Go, chess, shogi, etc. are also covered. , Various problems were pointed out[59].. "online gameSovereign countryThe Korean game industry was called, but in 2015, the Korea Economic Research Institute analyzed that the introduction of the shutdown system brought about a market shrinkage of 1 billion won (about 1600 billion yen).“The Korean game industry has been overtaken by China due to over-regulation,” said Wei Jong-hyun, a professor of business administration at Chuo University.[60]Choi Tae-young, a psychiatrist at the Catholic University Hospital in Daegu, said, "It is wrong to equate Internet addiction with game addiction." "Scientific diagnostic criteria have not been established." "Social, environment, game itself, home environment. , There may be various causes such as psychological factors, especially due to family problems. ”It is necessary to establish accurate treatment guidelines and propose strategies to prevent poisoning. Said.The Game Culture Foundation established the "Game Immersion Counseling Center" at Chung-Ang University Hospital in Korea, and took measures such as expanding the problems that had been dealt with at the consultation level to the specialized treatment level.[58].
  • Internet real name system is unconstitutional (August 2012)Resident Registration NumberWas leaked in large numbers, it was easy to spoof, it was difficult to identify the person, and it was judged that the Internet real name system was ineffective, and the law was amended in the direction of abolition.[46]..In the decision, the Constitutional Court said, "The disadvantages have become rather large." "There is a high possibility that Internet users will give up the expression itself because they are worried about regulations and punishments associated with their identity exposure."IP addressPursuit, criminal punishment, damages, etc. can be fully realized. "[61][62]..In 2011, the Korean government was considering abolishing the real name system of the Internet because it does not apply to overseas SNS, so it acts disadvantageously only for Korean companies and may damage the image of an IT powerhouse.[63].
  • (2014)— From three major credit cards (KB Kookmin Card, NH Nonghyup Card, Lotte Card), about 3 million people, about twice the population of South KoreaResident Registration NumberEtc. leaked.An employee of a subcontractor copied it to a USB memory and took it out and sold a part of it.[54]..Customers flooded banks to confirm that their deposits were safe[45].
  • Constitutional decision on Internet real name system during elections (July 2015, 7)— Judging that it is constitutional against Article 82, Paragraph 6 of the Public Offices Election Act, which stipulates that the real name should be confirmed when posting a statement that supports or opposes a candidate or political party on the homepage or bulletin board of the news media during the election campaign period. .. In the 2012 Internet real name system unconstitutional decision, it was pointed out that it is desirable to abolish the Internet real name confirmation system of the Public Offices Election Act.Since then, small and medium-sized news outlets have had the negative effect of temporarily closing bulletin boards during the actual election period.The Constitutional Court said, "The public interests such as fair elections obtained to confirm the real name are far greater than the disadvantages such as hesitating to post the sentence and reducing the number of users."[64].

Cases of Western countries regarding privacy

Overview

Case study

Electronic ID card = eID card

  • Japanese flagEstonia:Estonian eID cardIssuance started (January 2002)
  • Belgium: eID card started (2003)— You are always required to carry your cellphone when you are 12 years old.5 types depending on age and nationality.Personal information such as face photo, gender, first and last name, place of birth, issue date, etc. are described.Two types of digital certificates, "for authentication" and "for signature", are built into the IC chip so that they can be used on the Internet.[65].
  • Japanese flagUSA: Genetic testing service "23andMeLaunched (2006)— Provided by private companies for general consumersGene diagnosis[66].
  • Japanese flagUSA: "US Genetic Information Discrimination Prohibition Law" enacted (2008)— Official name “Genetic Information Non-Discrimination Act: GINA”.Established at the federal level.Discrimination regarding health insurance based on genetic information (decision of enrollment eligibility and insurance premiums, etc.) and discrimination by employers (employment, dismissal, job allocation, promotion and demotion decisions, etc.) were prohibited.[66].
  • Japanese flagAmerica:GoogleAnnounces the number of censorships by governments (2010)— From July 2009, 7 to December 1, 2009YouTubeAnnounced the number of cases requested by the government for censorship.Caller information disclosure requestBrazil3663 cases,America3580 cases,The United Kingdom1166 cases,India1061 cases,France864 cases,イタリア550 cases,Germany458 cases,スペイン324 cases,Australia155 cases,アルゼンチン98 cases,ポーランド86 cases,Japan44 cases, South Korea44 cases,スイス42 cases,カナダ41 cases,イ ス ラ エ ル30件。情報の削除はブラジル291件、ドイツ188件、インド142件、アメリカ123件、韓国64件、イギリス59件、イタリア57件、アルゼンチン42件、スペイン32件、オーストラリア17件、カナダ16件、日本は10件以下。中国は「?」となっていた[67].
  • Japanese flagAmerica:Edward SnowdenReveals National Security Agency (NSA) Surveillance Program (June 2013)[68][69]
  • Completion of database system for stolen smartphones (November 2013, 11)— Announced by the Cellular Telecommunications and Internet Association (CTIA), an international organization for mobile wireless communications.Communication carriers from all over the world can participate[70].. As of 2014, smartphone theft may lead to murder, and measures that transcend national boundaries are desired.[71].
  • Japanese flagUSA: Tax refund spoofing fraud occurs frequently (2015)— Due to the leakage of personal information due to cyber attacksUnited States Internal Revenue ServiceUnauthorized access to (IRS) and tax refund fraud occur frequently. Stopping 300 million cases but damaging 1 people[72].
  • Japanese flagNetherlands: Smartphone theft documentary video is a hot topic (December 2016, 12)— Published by Anthony van der Meer, a student at a film school in the Netherlands[73][74].
  • Japanese flagAmerica:GoogleRegistered a patent for "drone flight path" setting technology that protects privacy (February 2017, 2)GoogleIs for privacy protectionDroneRegistered a flight technology patent (registration number: US9262929) with the United States Patent and Trademark Office.Includes information such as population density, events, traffic congestion, buildings, no-fly zones, detailed information on the area, locations of hospitals and zoos where drone flights should be avoided, performance / sports competition schedules, and requests for drone flight bans by local residents. However, prepare a database and set a flight route that minimizes invasion of privacy.In addition, there are various ways to move and reach the destination accurately.deviceIs to be installed[75].
  • Japanese flagUK: Facial recognition system misidentifies 2300 criminals (September 2017-May the following year)— South Wales police falsely believe that 2470 (about 2297%) of the 92 people who first matched their physiognomy could be criminals, as a result of a face-to-face verification test in the soccer Champions League final. Reported that it was confirmed. 2000 people were arrested from 450 IDs in XNUMX months, but none were mistaken arrests.[76].
  • Japanese flagPoland: Started eID card conversion nationwide (January 2018)— The identification cards of about 3800 million Polish citizens will be stored in the cloud and displayed on the screen of mobile phones using the code sent by text message.[77]..It must be available to Polish nationals over the age of 18, the ID must be valid and the mobile phone SIM card must be registered in Poland.Can be used even if it is not a smartphone[78].

Latin American Case Studies on Privacy

Overview

Case study

China's case of privacy

Overview

Asia UniversityAccording to Nobuhiko Tanaka of the Graduate School of Asian and International Business Strategy, there is a tendency in China to "judgment based on the magnitude of the actual impact" on privacy (hidden private), and basically the criterion is "whether it will be convenient or not". Suppose[80]."Realization of a comfortable and safe society prioritizes privacy" in Chinese societyconsensusIs uniqueIs trying[81].

As of 2019, in ChinaQR/Bar code paymentService ofAlipay,WechatIs widespread.If either app is charged with a certain amount of money, cash is almost unnecessary in daily life.When shopping, you can always monitor and record where, what, and how much you bought in real time, but you may be the victim of fraudulent activity or the seller may make a mistake. I feel that the effect of preventing this is more important, and I am relieved to provide personal information.[80].

Alibaba group OfSesame Credit(Zima Credit)AlipayIn addition to the payment history of, points are given to educational background, work history, asset holding status such as private cars and housing, and social relations.The credit rating is rated in the range of 350 to 950 points, which is used as a basis for judging credit and interest rate preferential treatment, and is also disclosed to the person himself / herself. 950-700 is "best credit", 699-650 is "excellent credit", 649-600 is "good credit", 599-550 is "medium credit", and 549-350 is "credit gap (slightly inferior)".By clarifying your rank, you have the advantage of being treated as a "trustworthy customer", and it is also used on marriage information sites and employment.[81].

In these cases, Japan, which is negative to the disclosure of personal information, prioritizes "what should be" that "privacy is a basic right and should be protected".Western countriesUnlikeIt has a great influence on the rapid development and spread of IT companies and web services.[80].The government and private companies are working together to collect and analyze the credit information of all the people, and the movement to change people's behavior by leveraging credit is accelerating.If you have low credit, you cannot do anything, but if you have high credit, you will intentionally build a society that is very comfortable to live in.Raise[81].. In April 2016State Council(Equivalent to the Cabinet) announced "Opinions on Guidance on Construction of Personal Credit System", and if there is a bad history, the use of aircraft and high-speed rail is prohibited, and you have to use conventional lines and buses to move. We took extremely strict measures, which made it difficult to hide our previous history.[81].. The policy is to "establish a social credit system" in 2020.[82].

Japan Institute of International AffairsVisiting researcher and contemporary Chinese researcherToshiya TsugamiThe public surveillance is not limited to China,Edward SnowdenIt is also done in the United States like the accusation ofIndiaHowever, he pointed out that similar movements can be seen.It is not a simple thing for the monitoring and control of the people, but it is a big movement aimed at correcting it, starting from the recognition that "China's biggest flaw is not keeping rules and promises", led by the government The place to proceed is the patternistic (PatriarchRighteous)Chinese Communist PartyIt seems that "a fair economy and society that is so convenient, efficient, safe, and honest does not look stupid" is attractive.[83].

PrivacyBurningAnd the difference between private companies and the government's speculation has surfaced.[82], The future is unknown.On the other handReinforcement of excessive monitoring system,Religious persecution,Human rights violationsIs a problem.

On the internet in ChinaGreat firewallCensorship system called (Hong KongMacau(Excluding special administrative regions)There is[84][85],"The name published on the net can be a nickname, and real name authentication with an ID card is required to obtain an account."Is adopted.Blacklisting those who disagree with the policy, deleting accounts, prohibiting re-registration, etc.Wechat(Chinese versionLINE) And video comments, the site administrator monitors the writing in real time.Tightened regulations such as fines for violating managers[86][87].. As of April 2018, access will be blocked by groups critical of the Chinese government, etc.Tiananmen IncidentNews that is inconvenient for authorities such asFacebook,TwitterSuch asSocial MediaSite, adult site,YouTubeOn video sites such as, Japanese sitesFC2,Nico Nico Dougaな ど[85].. As of 2018, the Chinese government has hired at least 5 employees to carry out censorship, and it is estimated that a large number of social media operators post 5 million parent government comments annually.[88].

In addition,From 2009Boys love,CustomsArrests and prison sentences of novel writers and personal site contributors with the theme of[89][90][91]。2018年にはボーイズラブ小説作家が、7000万部で15万元(245万円)を売り上げたとして、性犯罪や殺害罪よりも重い10年6か月の判決を受け(女児監禁で懲役1年半、強姦で懲役3~5年、妻殺害で懲役6~7年)、「表現の自由の侵害」「同性愛差別」などの反論があがった[92]..Article 367 of the Chinese Criminal Code stipulates that "literature and works of art of artistic value, including pornography, are not considered obscene materials," but there is no objective indicator of which works are art.If the number of views exceeds 2, it will be a "crime of obscene material transmission" regardless of whether it is original or reprinted.There is no domestic AV, and possession and viewing are prohibited.[93][89].Socialist countryAccording to the family view, couples are obliged to "give and raise the next generation of children to the nation," and couples who cannot give birth, such as homosexuals, are not allowed because they cannot fulfill their obligations.[94].In China, homosexuality is prohibited from being expressed in Internet programs as "abnormal sexual relations"..Also, on the Chinese version of TwitterWaverIn 2018, deleted posts about homosexuality all at once, causing a big backlash[95].

Besides homosexuality, "elements of bones and undead skeletons"[96]"Supernatural powers" "SF" "Time travel" "Political issues" "Internal corruption of organizations" "Things that make the police and government feel incompetent (mystery by detectives)" "A humorous expression of a person who is considered to be a modern hero," "a story about a foreigner winning and a Chinese losing (a Chinese villain)," "something that raises questions about the national system," etc.There are many things that are regulatedYes[97][98][99],Monster hunterThere are also games such as discontinuation of sales and arrests at douujinshi conventions[100][101][102][103]..Also, as of 2018, only 34 foreign films are allowed to be released each year.[104][105].Strict guidelines are in place and disclosure is banned throughout China without government permission."Ghost Busters''Back to the future''Star Wars''Da vinci code] Etc. are not available for screening[106][107].. On June 2015, 6, the Japanese anime "Parasite''Attack on Titan''DEATH NOTE''Black Butler''PSYCHO-PASS''Sword Art Online''Tokyo Ghoul”, And punished the distribution company for providing harmful content, such as warnings and fines.[108][109][110][111]..Overseas worksTVBroadcast time is also strictly regulated, such as 30% or less[112][113].

さ ら に,From 2017 to 2018UighurThere is a rapid increase in the movement to detain a large number of people in camps and provide political re-education.UighurAnd other ethnic minoritiesMuslimHas a maximum of 100 million peopleIt is assumed[114]..The camp was hoisted at the vocational training center, barely touching the ground, and did not sleep for four days.Chinese Communist PartyForcing them to praise, disconnecting from overseas families, etc.HanIs strengthening the control of.Chuo UniversityTeacher'sNaoko MizutaniIs about 10 in 1 including major citiesUighurIs presumed to have been put in a camp, but it is difficult to get behind the scenes because accurate information cannot be released abroad due to the government's blocking of information.US Department of StateNauert spokesman said, "WeUighurWe are concerned about the large-scale detention of the company and the unprecedented level of surveillance.We call on China to suspend this measure and release detainees. "Ministry of Foreign Affairs of ChinaLu Kang spokesman said,Xinjiang Uygur Autonomous RegionSocieties are stable, their economies are developing, and they enjoy religious freedom.This is China's internal affairs and there is no right for foreign countries to interfere. "[115].

Case study

  • (1950 eraXinjiang Uygur Autonomous RegionToHan OfSettlementStart policy.UighurReplied that the Han Chinese's power was strengthened in terms of politics and economy, and that religious policy was also oppressive.
  • "Doguchi book" distribution (1958 — Distributed to each household based on the “Doguchi Registration Management Ordinance”.The date of birth, place of birth, ethnicity, nationality, etc. of the entire family are registered.Legal basis for Chinese citizens with Chinese nationality[116].
  • Luggage inspection of X-ray inspection machines spreads on railways (1990 era[117]
  • Distribution of "Resident Identity Card" (1996)— An ID card issued to each adult Chinese citizen based on the "Resident Identity Card Ordinance".Name, gender, ethnicity, date of birth, address, 15-digit resident ID number, issue date, expiration date, number, face photo, and seal of the doorway registration agency of the person's place of residence are listed.All Chinese citizens will have a lifelong personal number[118].
  • HanbyXinjiang Uygur Autonomous RegionGreatly strengthened economic control over (1990 eramiddle)— Xinjiang is a treasure trove of resources such as oil and natural gas, and is flooded with immigrants from mainland China due to active public works investment by the central government.The Han Chinese population has grown by 90% ​​in the 20 years since 65, reaching nearly 2014 million in 900.[119].
  • Officially introduced the Internet (1994)[88]
  • Limited to 10 overseas movies released per year (1994)[105]
  • Ghulja Incident(November 1997)— By the Chinese governmentUighurThe crackdown on attempts to revive traditional culture continued, and it developed into a large-scale demonstration.PLAFired at the demonstrators, causing many casualties and quelling the demonstrators, but the demonstrators occurred again and developed into a violent incident.More than 200 dead and about 4000 Uighurs arrested.
  • "Golden shieldIntroduction of the plan (2000)[88]
  • Limited to 20 overseas movies released per year (2001)[105]
  • Enforcement of the new "Resident Identity Card" (January 2004)— All Chinese citizens with permanent residences are assigned a one-to-one, life-changing 18-digit identification number, and all Chinese citizens except military personnel are from the Public Security Bureau, which has jurisdiction over the permanent residence address. A resident ID card was issued.
  • "AlipayStarted (December 2004)Alibaba groupProvided byQR/Bar code paymentservice.
  • "World of WarcraftRemoved bones and skeletons from the game (November 2004)[96]
  • Xinjiang Uygur Autonomous RegionHotan CityProtest demonstration (March 2008)
  • Uyghur Mayhem 2009(July 2009-7, 5)GuangdongShaoguan CityTwo people at a toy factoryUighurDied and 120 people were seriously injuredHanUighurUighurs who were angry at discriminatory policies after the brawl caseXinjiang Uygur Autonomous RegionUrumqi cityThe case that became a mob in.197 dead, over 1700 seriously and slightly injured, over 2000 arrested (as of August 8)[120]..After the protest, Chinese security forces detained 43 Uighurs, including minors,Human Rights WatchAccused of "forced disappearance" in report[121].Japan Uyghur Union"1 people suddenly disappeared from the city of Urumqi," said Tur Muhammet.East TurkestanIs the most massive massacre and crackdown in 68 years since China occupied it. "[122]..The Chinese government has installed a large number of surveillance cameras, etc.UighurTightened against[115].
  • Body check started by railroad (2010s)[117]
  • Started real name system for tickets (February 2010, 2)Chinese Railway Department ScalperIntroduced in some trains and stations as a countermeasure[123].
  • online gameReal name system provisional start (August 2010, 8)[124]
  • CustomsThe author of a sauna-themed online novel arrested (September 2010, 9)[91]
  • Boy's love novel on the net bulletin boardReprintWas arrested (January 2011)[89]
  • Ticket real name system started on high-speed train (June 2011, 6)— ID or passport registration required[125].
  • Limited to 34 overseas movies released per year (2012)[105]
  • UighurA man drives into Tiananmen Square in Beijing and suicide bombs (October 2013)— Dozens of injured, including 5 dead and Japanese[119].
  • "WeChat PayStarted (December 2013)TencentProvided byQR/Bar code paymentservice.
  • Kashgar14 family members died in a nearby village (December 2013)— Living in the countryUighurFarmers do not speak Chinese and there is no escape.The place where they were gathering in preparation for the wedding was informed that it was a "suspicious rally," and they were stepped on by police officers and killed.It is said that the incident began when the relatives were furious when the policeman stripped off the veil covering the bride's face and raised his hand.[119].
  • China is the enemy's war game "Battlefield 4』Sales ban (December 2013, 12)— The Ministry of Culture of China has instructed to remove downloadable content, patches, and demonstrations in China within 24 hours, saying that “a cultural invasion of China will harm the security of the nation”[126].
  • The government started a system to quantify social credibility as a score (2014)[127]
  • Introduced real name system at online shop (March 2014, 3)— Announced "Internet Transaction Management Rules".If you open an online shop by yourself, you must have your real name.If a counterfeit product is purchased or found on the Internet, the person concerned can make a complaint to the website owner or the Bureau of Industry and Commerce Administration based on the rule.[128].
  • UighurA few people with cutleryHanKilled (March 2014)YunnanKunming City29 people were killed in front of the station.
  • UighurThree boys shot dead (April 3)Aksu district17-year-old who rode a motorcycle and ignored the signalUighurThree people quarrel with police officer and shot dead[119].
  • Boys loveArrested about 20 women who posted novels online (April 2014, 4)[90]
  • Tightening regulations on overseas works (November 2014)— ① Permission required for release ② Limited to 14% of the number of Chinese domestic dramas and movies newly uploaded in the previous year (30), and diversification of production countries and genres ③ Overseas dramas ・The movie must be healthy and improve people, etc.[113]
  • "Sesame CreditService started (2015)Alibaba groupAffiliated companiesAnt Financial Services GroupPersonal credit evaluation system developed by[127].
  • 38 Japanese animations are banned from publication (June 2015, 6)— "Parasite''Attack on Titan''DEATH NOTE''Black Butler''PSYCHO-PASS''Sword Art Online''Tokyo Ghoul38 works such as[108][109][110][111]
  • AlipayEquipped with electronic ID function (2016)— Can be usedHubei ProvinceWuhanonly.
  • Announced "Opinions on Guidance on Personal Credit System Construction" (December 2016)— Based on the accumulation of past credit data, we will implement measures such as prohibiting the purchase of tickets for more than 700 million passengers who have had problems such as vehicle damage or in-vehicle violence when using aircraft, railroads, trains, etc. ..State Council"Credit is the second ID in the future society. If you lose it, you will not be able to go out," he issued a strong warning.[81].
  • Enforcement of "Cybersecurity Law" (June 2017)— To protect “cyberspace sovereignty and national security”, we requested the information network operator to register the user's real name, and clearly stated the obligation to provide technical cooperation to public security agencies and national security agencies.[129]..It is stipulated that websites and apps that have a comment function, such as online bulletin boards and news sites, should be prohibited from writing in violation of Chinese law and should be deleted promptly even if there is a writing.[130].
  • To the train stationFace recognition systemEstablished (2017)— Used not only for security measures but also for face pass rides, etc.[131][132].
  • GuizhouBut"Sesame CreditConcluded a credit information usage agreement (January 2017)
  • Tightened Internet regulations (October 2017, 10)— Enforcement of "Internet User Public Account Information Service Management Regulations" and "Internet User Group Information Service Management Regulations".Bulletin board,BBS, Video comment,Wechat(Chinese versionLINE) Expanded regulations.Thorough real name system, collection and proper management of personal information, real-time monitoring of all public information, deletion of illegal content, account suspension of users who oppose moral remarks and policies, prohibition of registration again Requested evaluation of operator's credit record and blacklist management system by local government[87][86].
  • Started trial operation of "electronic ID card" (December 2017)Chinese Ministry of Public SecurityThe first research institute is proceeding as a national project.ChinaGuangzhouPublic Security Bureau,China Construction BankAbout 10 institutions, etc.GuangzhouNanshaToインターネットEstablished the "Cloud Federation" that combines police operations.According to thisWechatAdded the function to bring the existing ID card online as an electronic version.Upload "personal information" and "scan data of your own face" on your smartphone and use face recognition technology using AI. A function to delete all the data on the ID card when the ID is hijacked has been implemented, and an automatic deletion function has been provided in case the portable ID card is lost. There are two types, "lightweight version" and "upgrade version". The "lightweight version" is used for identification in daily life such as presenting identity at Internet cafes, etc., and the "upgrade version" is used for corporate registration, business scenes, etc. Used when stricter identification is required at[118]..When presenting an electronic ID card, the ID card cannot be called unless face recognition and voiceprint authentication are cleared.[133].
  • "Electronic ID" is available nationwide (January 2018)
  • AlipayFlooded with protests from users (January 2018, 1)Sesame CreditThe lawyer pointed out a mechanism to agree to the terms and conditions of providing and utilizing the personal information obtained by the company to others almost freely. On SNSBurningAnd the operating companyAnt Financial Services GroupIssued an apology statement saying, "It wasn't malicious, but it was stupid," and deleted the wording on the screen.[82].
  • Established "Hyakka Seishin Co., Ltd. (Shinren)" (January 2018, 1)— Use objective records such as past borrowings and repayments as credit informationPeople's Bank of ChinaAnd, the analysis of personal purchase history, friendship range, educational background, asset status, etc. is used as credit information.Alibaba group,TencentDue to the disagreement of eight credit information research companies such as, we established a nationwide unified private credit information research company that brings together industry groups and eight companies.The information to be collected is "at least appropriate", and only the information necessary for identity verification is used in addition to personal loan records, and its use is limited to economic activities such as money lending.It is prohibited to use the collected information for purposes unrelated to monetary lending, such as marriage and socializing (qualification examination for membership), and each time the collected information is used, the consent of the individual is required, and the information is 8 It was said that it would be updated annually[82].
  • GermanyResearcher Adrian ZenzXinjiang Uygur Autonomous RegionPointed out the camp (January 2018)[115]
  • Tightened Internet regulations (October 2018, 3)— Enforcement of "Mini Blog Information Service Management Regulations".National People's Congress Standing CommitteeDecided the real name registration policy of SNS in 2012, but there were some services where real name registration was not advanced.Post short sentences, photos and videosSocial MediaWe obliged the operating company to save the posted content within 6 months, and asked for confirmation of the poster's real name, ID number, and mobile phone number.Dispose of violating companies based on the law[134].
  • Wanted criminal arrested from 6 people by face recognition of surveillance camera (April 2018, 4)[135]
  • Announcement of overseas stolen cultural property database (April 2018, 4)— The purpose is to prevent the stolen cultural properties from overseas from being brought into China and distributed.The National Cultural Properties Bureau of China (Cultural Properties Bureau) supervises and manages the import / export and distribution of cultural properties suspected of being stolen overseas by the authorities that examine the import / export of cultural properties and the cultural property authorities of each province. I will instruct you to strengthen it. "[136].
  • Human Rights WatchCriticizes the Chinese Government (June 2018)— "Innocent Uighurs have been arbitrarily detained," criticizing the Chinese government.Called for the prompt release of the detained person[115].
  • Live-action movie "Winnie the PoohProhibition of publication (August 2018)— The ban was "Christopher Robin (Pooh and I became an adult) ”. 2013,Xi JinpingPresident of the People's Republic of ChinaBarack ObamaAn image of walking with the US president was posted with an image of Winnie the Pooh and Tigger walking side by side, Pooh =Xi JinpingThe image of the President of the People's Republic of China and the symbol of the rebels have blocked Chinese censorship from posting anything about Pooh's images, videos, references, and American comedians who tampered with the story. "Hollywood Reporter』Pointed out that China limits the number of overseas movies to 34 a year, because there are other movies that are likely to hit[137][104][138].
  • "Monster hunter world』Sales injunction (August 2018, 8)Tencent TheChange to gameIn addition, it was approved for sale in China in March. There were more than 3 million reservations, but they were fully refunded.It is extremely rare for a licensed video game to be banned.[139].
  • AFP communicationReported details of Uighur internment camp (October 2018)[114]
  • FemaleBoys loveA sentence of 10 years and 6 months in prison for a writer (November 2018)[93][95]
  • online gameTighter regulations (November 2018)— Limit the number of new Internet online game operators under national conditions to strengthen the prevention and control of myopia in children and adolescents.For home use, we encourage outdoor exercise and prohibit preschoolers from using it for more than one hour a day.School banned personal mobile phones, tablets and other electronic products[140].
  • Japanese backpackersXinjiang Uygur Autonomous RegionReported and talked about (November 2018, 11)— State-of-the-art cameras are installed about every 20m, and police officers armed with assault rifles stand at regular intervals.At the ticket gate, police officers cross-examined, checked baggage, registered passports, and took pictures.Baggage inspection when entering commercial facilities, bazaars, etc.UighurIn addition to that, presenting the ID,Face recognitionIs necessary.MosqueWas closed and did not function as a chapel, such as being converted to a commercial facility, and Uighur shops were either raising the Chinese flag or being barred.[141][142].

Japanese case of privacy

Focusing on the law and cases that have become a hot topic, the date of judgment is used for trials directly related to privacy, the date of enforcement is used for law, and the date of occurrence is used for events indirectly related to legislation and amendment.Surveillance cameraEquipment such asSECOMFor companies such as, refer to their respective articles.

Meiji (January 1868, 10-July 23, 1912)

Taisho (July 1912, 7-December 30, 1926)

  • The so-called "Old Shonen Law" was enacted (April 14, 4)— The definition of "boy" is under 18 years old, and the death penalty is 16 years old or older.

Showa (December 1926, 12-January 25, 1989)

  • "Juvenile lawEstablished (July 1948, 7)—The “Old Juvenile Law” enacted in 1922 (Taisho 11)GHQUnder the guidance of, the definition of "boy" was raised from under 18 to under 20.Also,Family courtWas set up and the boy was first sent there to decide whether to be a detective or a protective measure.[144][145]..Article 61 of the Juvenile Law does not allow the coverage of "articles or photographs in newspapers or other publications" that identify the perpetrator, such as name, for crimes committed by juveniles, but there are no penalties and the Internet is not included.[146].
  • Tokyo is "Junk Prevention OrdinanceEstablished and expanded nationwide (1962)Ordinance TheLocal governmentIn the countrylawVoluntary law established separately.MunicipalitiesNames, prohibitions / regulations, penalties, etc. differ greatly from one to another.Initially enactedGren Corps (Fools Corps)The emphasis was on the prevention of violence by, but nowScalper,Idiot,Stalker,Pink villadistribution,For sale,violence,Steal,Peep,Visitor,scout, Stinking acts are also prohibited.
  • Mishima Yukio"After the banquet』Case (judgment on September 1964, 9)— Japan's first privacy rights trial. "Privacy infringement" became a buzzword[147],Every day broadcastingAccording to the program deliberation room of, the notice of "This story is fiction" became popular.[148].
  • Previous department inquiry case(Judgment on April 1981, 4)Kyoto CityNakagyo WardLongCriminal historyThe case that disclosed.When a company and a male employee were in conflict over dismissal, a lawyer at the company referred to the ward office for a criminal record and responded.Mayor of KyotoEmployee male pays 500 million yen to the local government for negligenceRestitution for DamagesI filed a trial seeking such things.He was ordered to pay damages of 25 yen, saying that the local government that responded indiscriminately had negligence without considering the reason for needing an inquiry and the necessity of answering.Supreme Court"The criminal record is directly related to the honor and credit of a person and deserves legal protection that it is not disclosed unnecessarily." "Special caution is required in handling bar association inquiries." As an example where a criminal record is allowed to be answered, "The existence of a criminal record is an important issue in a lawyer, etc., and there is no other way to prove it unless you refer to the mayor of the municipality to get an answer. Was mentioned[149][150].
  • Norio Nagayama serial shooting case(Judgment from October 1968, 10 to November 11, 11, April 5, 1990)— A 19-year-old boy wants revenge on societyUS Navy-Yokosuka Navy FacilityInvaded and stoleHandgunThe case where four people were shot dead.From the beginning of the arrestReal name coverageWas done. April 1990, 4Supreme CourtDeath penaltyThe judgment is finalized.The Supreme Court set out the criteria for selecting the death penalty in the first appeal decision.After World War IIThe death penalty was confirmed for the juvenile delinquency that occurred in the Showa era.
  • Non-fiction "reversal" caseTrial (decision on April 1981, 4)— What happened in 1964InjuryCovered the caseChihiro Isa OfNon-FictionThe person whose real name was mentioned in the work "Reversal" said, "I don't want to be known.PreviousWas written and suffered mental distress, "and charged a consolation fee of 300 million yen.Civil actionThe incident that caused.Supreme Court ThePrevious department inquiry caseIt should be legally protected that "the facts about the criminal record should not be disclosed" and "the peace of social life should not be impaired or the rehabilitation should not be hindered (by disclosing the facts about the criminal record)". recognized.Furthermore, compare "legal interests in which facts related to criminal records are not disclosed" and "necessity to publish facts related to criminal records in a copyrighted work using real names", and seek compensation for damages only when the former is superior. Exceptionally, it may be permitted to publish the facts of the criminal record, etc.[151], Ordered the author to pay 50 yen.
  • Friday attack(Occurred on December 1986, 12, decided on December 9, 1987)— ComedianBeat takeshiTo a woman who was a vocational school student who had a close relationship withFriday』Contract reporternecksprain, Injured for 2 weeks after healed from a lumbar twist,Takeshi Corps12 peopleKodanshaThe case that attacked the editorial department of.TakeshiImprisonment6 monthsProbation2 years, reporterfineI was sentenced to 10 yen.
  • Sankei newspaper case(1987 4 年 月 日 24)
  • Schoolgirl concrete murder case(November 1988, 11-January 25, 1989, Judgment on July 1, 4)& mdash SaitamaMisato17-year-old passing by on the street insideHigh school girlWas abducted by a group of bad boys aged 16-18, TokyoAdachi-kuAyaseHe was imprisoned in the perpetrator's house for about 40 days, continued to be assaulted and raped, died after being lynched, and his body was stuffed with concrete and abandoned. It was said that "a serious and violent crime that is rarely seen in the history of crime in Japan"[152]..The case was discovered in pursuit of another crime.Released immediately after the incident was discovered, "Weekly Bunshun"But,Juvenile lawThe perpetrator boys as a problem to raiseReal name coverageControversial[153][154][155][156][157]..Inspired by the coverage of the weekly magazine,インターネットThe movement to find out the real names and whereabouts of the perpetrators and persons involved in the case broke out above, and people unrelated to the case were also targeted (Smiley Kikuchi trauma damage case).

First half of Heisei (January 1989, 1-December 8, 2003)

  • Commonly called "Convention on the Rights of the Child / CRC / UNCRCIs effective in Japan (May 1994, 5)— Official name “Convention on the Rights of the Child”.English name"United Nations Convention on the Rights of the Child ".October 1990th, 9signature.."Children" in this Convention refers to "everyone under the age of 18."18 year old students who have reached their birthday are not included.
  • Kobe serial child killing case/Sake demon rose case/Seito Sakakibara Incident(The incident was discovered on May 1997, 5, and arrested on June 27)Kobe CitySuma WardA series of murders that started when the head of an 11-year-old boy who was cut off at the front gate of a junior high school was left unattended.A criminal statement named "Sakakibaraseito" was sandwiched in the mouth of a boy who had been torn to his ears, and was reported nationwide due to his cruelty and peculiarity. A second criminal statement from the criminal on June 6thKobe ShimbunIt was mailed to, and the news was overheated.On June 6, due to police investigationArrest..Unlike the presumed criminal image (a solid figure in his 30s and 40s) reported by the media, the criminal is 14 years old.Middle school studentsIt turned out that it was a serial murder case.Boy refereeIs private,False accusationThere is also suspicion[158][159].. February 2015文藝 春秋The full text of the family court decision was published in[160][161][162]..At the time of the incidentFOCUSAnd 'Weekly Shincho』Posted the real name and face photo. 17 years later, in 2015,Weekly post』Posted the real name and face photo at that time[163], 2016Weekly BunshunWill post multiple current photos[164]There were pros and cons. The words "darkness of the heart" and "transparent existence" became the catalyst for the spread of the word in society.[165][166][167].
  • SMAP trial case / SMAPChasingThis case (decided on November 1998, 11)Johnny's Office OfSMAP,TOKYO,V6A total of 18 members of popular groups said that their privacy was infringed by the publication of a book (Johnny's Alumni Association's "Johnny's Okake Map Special") containing photos of their homes and parents' homes and buildings.Lu FortA trial seeking an injunction against the publication of books.Tokyo District CourtApproved a request for publication injunction. "After the banquet"(XNUMX) Matters in private life" "(XNUMX) Matters that are recognized as not wanting to be disclosed based on the sensibilities of the general public" "(XNUMX) General matters" It is a matter that is not yet known to people, "he said, saying that location information such as home is privacy, and disclosure is a privacy infringement.[168][169].
  • Okegawa stalker murder case(1999 10 年 月 日 26) — A female college student continues to be harassed by a criminal group centered on a former dating partner, Saitama PrefectureOkegawa OfJR EastTakasaki LineOkegawa StationThe case that was killed in front. "Stalker regulation lawIt was the beginning of the establishment.
  • Commonly called "Child pornography prohibition law/Child po methodEnforcement (October 1999, 11)— Official name "Act on Regulation and Punishment of Child Prostitution, Acts Related to Child Pornography, and Protection of Children". In 1996StockholmAt the "1st World Congress Against Commercial Sexual Exploitation of Children" held in Japan by JapaneseAsiaAtChild prostitution, 8% of child pornography distributed in European countries was pointed out to be made in Japan and was severely criticized, in JapanAid communicationWas established because it became a social problem. "Children" under the age of 18Minor"Sexual intercourse with children / similar acts of sexual intercourse" "Photographs of acts such as touching the genitals of children (sexually stimulating)" "Without wearing part of clothes "Child pornography" is "things that emphasize the genitals, buttocks, chest, etc. (sexually stimulating things)".
  • Commonly called "Unauthorized access prohibition lawEnforcement (October 2000, 2)— Official name "Act on Prohibition of Unauthorized Access".
  • Commonly called "Stalker regulation lawEnforcement (October 2000, 11)— Official name "Act on Regulation of Stoker Acts, etc."Acts subject to regulation are limited to those based on feelings of favor such as romantic feelings.Stalking based on "malicious feelings" such as resentment and jealousy is defined by the prefecture.Junk Prevention OrdinanceIs regulated by.
  • "Criminal lawPartial amendment (2001)Credit cardUnauthorized copying of magnetic informationSkimmingIn order to deal with this, the Penal Code was partially amended, and the crime of illegally creating electromagnetic records for payment cards (Article 163-2 and below of the Penal Code) was newly established.[143].
  • Amendment "Juvenile lawEnforcement (2001)Kobe serial child killing case,Hikariichi Mother and Child Killing Case,Nishitetsu bus jack case,The Oita family killed 6 peopleJuvenile delinquency revised for the first time in 52 years[145]..The target age of punishment has been reduced from 16 years old and over to 14 years old and over, and a provision has been included that in principle, boys 16 years and over who killed victims will be sent to prosecutors.[170].
  • Enforcement of the so-called "Information Disclosure Law" (April 2001, 4)-Official name"Law concerning disclosure of information held by administrative agencies. "
  • Commonly called "Provider Liability Limitation Law/Provider Liability LawEnforcement (October 2002, 5)— Official name "Act on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Disclosure of Caller Information".On the netSlanderIn the case of damage such as, the victim has the right to "request transmission prevention measures" to the victim, and in order to identify the criminal who slandered, etc., the victim "requests the sender information disclosure" to the site administrator etc. Recognized the right to do.The information to be disclosed is "name or name of the information sender", "address", "email address", "IP address", and "date and time when the infringing information was transmitted".There is a conflict between the opinion that "it's annoying! Please delete it immediately!" And the opinion that "it is in the interest of everyone and posted on the net to make it public and correct".If you delete it,Freedom of expressionInfringement, if not deletedLibelThe provider will be sandwiched between the boards.Therefore, the liability for damages of the provider is limited and it is stipulated that it is easy to take measures. "Provider" is not limited to Internet service providers, but includes a wide range of electronic bulletin board site administrators.[171].
  • Sakai City Street Magic CaseReal name press trial (incident occurred on January 1998, 1, judgment on February 8, 2000)— OsakaSakai CityHappened inMurder case..A 19-year-old unemployed man who became naked shirtless grabbed the clothes of a first-year high school girl (1 years old) who was attending school and possessed four places such as the backKnifeStab withescapeToHigh school girlChasing,KindergartenA girl (5 years old) and her mother who were waiting for the shuttle bus stabbed her back, and the girl died and the high school girl and her mother were seriously injured.men arethinnerHe was addicted and was hallucinating on the day of the incident. "Shincho 45Is a 16-page "Kindergarten child'abuse criminal's lie down"reportagePosted.The history from the boy's upbringing to the crime, family relationships, a photo of his face when he graduated from junior high school, and his real name are posted.After the article,Real name coverageI wrote the opinion of the Shincho 45 editorial department who posted the face photo.The boy side reported his real name, "Shincho 45』And the authorFumihiko TakayamaIn civil and criminal proceedings,Osaka High CourtHas not stipulated penalties for Article 61 of the Juvenile Law,Freedom of expressionIt does not take precedence overSocial self-regulationConditionally, it does not infringe on privacy unless the expression is a legitimate concern of society and is unreasonable.Real name coverageShowed a decision to accept.Perpetrator MinorBut in some casesReal name coverageIt was the first decision to be able to do it[172][173].
  • Misato Yanagi"Fish swimming in the stoneCase (December 1994 proceedings, September 12, 2002 decision)— Miri Yu's debut work, "Fish swimming in a stone," became a model for the deputy hero, and a female friend with a disability in her face was regarded as a model for a novel without permission.honorA case in which he was accused of being hurt.Plaintiffs insist that the model should be given permission in advance or thoroughly discussed and written.Defendants argued that the novel was "fictional" and that the characters and real people were different.Supreme Court"The fact that the XNUMXnd trial ordered the suspension of publicationFreedom of expressionThe appeal was dismissed, and Mr. Yanagi's defeat was confirmed.This is the first postwar suspension of publication of a novel.On October 10, one month after the decision was finalized, a revised version was published that corrected the information about the plaintiff woman who became the model and the direct description of the face with the tumor.[174][175].
  • Nagoya Abek Murder Case(Judgment from February 1988 to 2, 23, December 25, 1996)— Aichi PrefectureNagoya cityGreen District OfOdaka Green ParkA man (19 at the time) and a woman (20 at the time) who were on a date at the parking lot暴行Then, after robbing 2 yen of cash, the womanrape..After that, take tens of minutes with a rope and take two peopleStrangulationAnd corpse in the forest in Mie prefectureabandonmentThe case that was done.The perpetrators are 20 men and women between the ages of 17 and 6[176]..partMass media MinorOf the perpetrator boysReal name coverageI decided to.
  • Damages claim case (decided on March 2003, 3)Osaka/Aichi/Gifu Consecutive Lynch Murder CaseSakai City Street Magic CaseWeekly magazineReal name coverageOn the other hand, the case where Article 61 of the Juvenile Law became a problem.Supreme CourtForbidden is "newspapers and other publications with articles or photographs" for an unspecified number of ordinary people, and does not include wanted persons or arrested persons, not persons involved in the case or neighbors.[177][178].
  • "Dating site regulation lawEnforcement (October 2003, 9)— Official name "Act on Regulation of Attracting Children Using the Internet Heterosexual Referral Business".Easy to be used by criminals for the purpose of preventing crime damage to children under the age of 18MinorCertain regulations will be imposed on businesses that provide dangerous services for (children).[143][179].

Late Heisei (January 2004, 1-)

  • Toshiaki KubotaLawyer cabaret club news case (decided on February 2004, 2)
  • Makiko Tanaka's eldest daughter article injunction case(Judgment on April 2004, 3)
  • "Child pornography prohibition law/Child po methodPartial amendment (2004)— The medium of child pornography has been expanded to electromagnetic records, cyber child pornography can be punished head-on, crime types have been sorted out, and statutory penalties have been weighted.[143].
  • Computer Software Copyright Association(ACCS) Personal Information Leakage Case (March 2005, 3)— YuanKyoto UniversityResearcher of ACCSWebA vulnerability was found in the CGI program of the input form on the site.An incident in which a log file of personal information was extracted using this, the method was disclosed in a security event presentation, and a part of personal information was placed in a state where event participants could download it.Tokyo District CourtIs "Unauthorized access prohibition lawHe was sentenced to 8 months in prison and 3 years suspended sentence (8 months in prison and imprisonment) for the violation.A former researcher insisted that he was not guilty of saying, "It is not an unauthorized access. The reason why the vulnerability was disclosed at the event was to encourage the modification of the program and improve the security of the Internet society." Uncontrolled unauthorized access. The vulnerabilities were disclosed at the event to show off their technology, and it is clear that they will hinder the development of the IT society. "[180].
  • Commonly called "Personal Information Protection LawEnforcement (October 2005, 4)— Official name "Act on the Protection of Personal Information".
  • Amendment "Juvenile lawEnforcement (October 2007, 11)Nagasaki boy abduction and murder case,Sasebo small 6 girl classmate murder caseIn response to this, three main points have been revised[145][170].. "(14) Granting police investigation authority to juvenile delinquency cases under 14 years old and reducing the age that can be accommodated in juvenile delinquency from" 12 years old or older "to" generally XNUMX years old or older "" We established a juvenile delinquency transfer on the grounds of "violation of matters = violation of promises in daily life" "(XNUMX) established a national probation system limited to certain serious cases"[181].
  • "Law to partially revise the Juvenile Law" passed (June 2008, 6)— In 2004Basic law for crime victimsIn response to the establishment[145], In principle privateBoy refereeWas made available to victims and bereaved families.The perpetrator is over 12 years old殺人,Robbery-murder,Vehicular homicideIt is limited to cases that have caused serious danger to the victim's life.Victim needs to offer hearing[182].
  • Smiley Kikuchi trauma damage caseSimultaneous detection (February 2009, 2)comedian OfSmiley Kikuchi Schoolgirl concrete murder caseTo be the perpetrator ofSlander-SlanderingFor the first time in Japan due to the problem I was receivingインターネット OfBurningWas caught all at once.Metropolitan Police DepartmentNakano police station17 men and women aged 45-18LibelDocuments are sent on suspicion of.Also,IntimidationOn suspicionKawasaki CityI sent a document to a female office worker (29)[183][184][185][186][187].
  • Commonly called "Lay judge lawEnforcement (October 2009, 5)— Official name "Law concerning criminal trials in which lay judges participate".It stipulates that who the lay judges and candidates are should not be made public.Ministry of JusticeCriminal BureauInterprets the meaning of "publicize" as "keeping it in a state that can be known by an unspecified or large number of people."It's a "specific minority" enough to tell colleagues who line up desks in the family or at work, but if you reveal that you were selected at a street rally or make it clear on the bulletin board on the Internet, "unspecified" people can know So it will be out.However, there are no penalties in the regulations, and you will not be guilty of violating them.Also, it is not forbidden to publicize that you were a lay judge after you are no longer a lay judge.[188].
  • Three Ishinomaki killings(Judgment on February 2010, 2, June 10, 2016)-Miyagi PrefectureIshinomakiThen, an 18-year-old boy took a junior boy (17) and went up to the parents' house of a 17-year-old woman who was dating, and brought a female sister (20) and a friend woman (18).Chef's knifeAfter being stabbed to death, he stabbed his sister's acquaintance man (20) in the chest and seriously injured him. He took his companion by car and was arrested about 6 hours later.The two had a time when they lived together and had a four-month-old daughter, but the womanDomestic violenceI was worried and returned to my parents' house[189].Supreme Court TheappealRejectJudge trialFor the first time in the juvenile delinquency caseDeath penaltyIs confirmed. After the death penalty was confirmed, such as "There is a high level of public interest and the death penalty for the ex-boy will be confirmed by the judgment, and it is considered that there is virtually no possibility of rehabilitation after rehabilitation."Real name coverageWas one after another[190].Sophia UniversityDepartment of literatureNewspaper department OfYasuhiko TajimaThe professor said, "The confirmation of the death penalty has nothing to do with reporting the real name. If the crime is important and you think you should tell the real name, you can report it. It ’s too mechanical and I stop thinking. ”[191].
  • "Criminal lawRevised (2011)— Regarding cyber pornography (obscene electromagnetic recording)Penal Code Article 175(Public display of obscene materials) has been significantly revised.Computer virusNewly established crime of creation (Article 168-2 of the Penal Code)[143].
  • App "CarrelogProblem (August 2011, 8-29] 2012/0)
  • "Unauthorized access prohibition lawPartial revision (May 2012)— With IDPasswordLet me enter and deceiveFishingActs andNet bankingUnauthorized remittance case, to government agenciesCyber ​​attackSince there was no end to crimes such as, we targeted phishing acts that had no punishment provisions, as well as promoting unauthorized access acts such as illegal acquisition of IDs, storage of them, and provision of IDs and passwords of others. Tightened regulations such as prohibiting acts with penalties.Violations will result in imprisonment of up to 1 year or a fine of up to 50 yen.[192][193].
  • Google street viewLaundry case (July 2012, 7 decision)— An image of the laundry (claimed "underwear and clothes") hanging on the balcony at homeインターネットAs published above and invaded privacyGoogleA trial that asked (Japanese corporation) to pay a compensation fee.Fukuoka High Court"The image is not a special subject of photography of the living room or veranda, but is taken when the entire surroundings are photographed from a public road, and the peace of private life is infringed when the general public is used as a standard. It is not recognized that it was done. "[194][195].
  • Zushi stalker murder case(Occurred on August 2012, 11)-Kanagawa PrefectureZushiRepeatedlyStalkerAn incident in which a woman was killed in the wake of the damage.Victim women use pen names even at work and live in TokyoZushiI moved to and consulted with the police[196]..When an investigator arrested a man who was a former dating partner on suspicion of intimidation in June 2011, he read aloud an arrest warrant containing the woman's post-marriage real name and address.[197]The perpetrator man hires multiple detectives[198], Also pretending to be a question by a well-meaning personYahoo! ChiebukuroIt is said that she found her whereabouts by collecting information about women.[199][200]..Also womenBasic Resident RegisterAlthough I applied for restrictions on viewing the information, there was an access log for non-staff on the information terminal, and although no clear causal relationship with the murder case was found.ZushiWas fined 110 million yen for violating confidentiality[201][202]..Before the murder, he sent 2 threatening emails in about two weeks, but the email said "Stalker regulation lawIt was also regarded as a problem that it was not covered by[203][204][205].
  • Commonly called "My number methodEstablished (July 2013, 5)— Official name "Act on the Use of Numbers to Identify Specific Individuals in Administrative Procedures".The disappeared pensionFollowing the discovery of the problem, the importance of personal numbers has come to the fore as a way to centrally manage social insurance.[206].
  • Amendment "Stalker regulation lawEnforcement (July 2013)Zushi stalker murder caseIn response to this, it was stipulated that continuous sending of e-mails should be prohibited as a stumbling block.Social MediaTsukimatoi who abused the above is no longer subject to regulation[207].
  • Remote control application "Cerberus" monitoring incident (occurred on July 2013, 7)-Hiroshima PrefectureHigashihiroshima CityA junior high school teacher is a former dating partner of a womanSmartphoneRemote control app "Cerberus anti-theft"InstallHowever, an incident that was monitoring daily life. "Unauthorized access prohibition lawArrested on suspicion of violation,ProsecutionWas done[208].. Install the app while hiding the fear of remote control, saying "It's convenient when you lose your smartphone", acquire login information, etc., remotely control a woman's smartphone through a personal computer, record 666 voices and 399 I checked the call history, took pictures and sent e-mails.The crime was discovered when the victim consulted with the police that "an e-mail I did not send has arrived at my friend", but the thiefUninstallThere is a function called "Hide the display from the application list" to prevent it from happening, and it was very difficult for the victim to notice the operation if the application was installed without knowing it.[209].
  • Mitaka stalker murder case(Occurred on August 2013, 10)-TokyoMitaka CityThe murder case that occurred in.A truck driver man becomes a high school girl who is a former dating partnerStalkerAfter repeating the act, he was stabbed to death.Revenge pornIt was the beginning of the enactment of the related bill.
  • Benesse personal information leak case(2014 7 年 月 日 9)— About 3000 million customer information was sold to a list trader[210].
  • Amendment "Child pornography prohibition law/Child po methodEnforcement (October 2014, 7)— Child pornography was subject to punishment only on the selling and providing side, but simple possession for the purpose of satisfying sexual curiosity was also subject to punishment.Imprisonment for up to one year or a fine of up to one million yen.In addition, uploading child pornography on the Internet resulted in imprisonment of up to XNUMX years, a fine of up to XNUMX million yen, or a combined course.However, if you download it without knowing it, it will not be subject to punishment because it has no purpose to satisfy your sexual desire.[211]..In addition, a crime of producing child pornography due to voyeurism will result in imprisonment of up to 300 years or a fine of up to XNUMX million yen.[212].. For children under the age of 18, if it is a manga or animation that describes sexual creation, it is unlikely that it will be simply possessed, but if you publish the creation on the Internet etc.Dissemination of obscene materialsCan be a problem.Also, in cases such as "I remember downloading it a long time ago, but I deleted it and haven't seen it at all", the chances of being arrested are extremely low.[211]..There are pros and cons to the amendment,TeenThere is a high possibility that a photograph of a male idol's shirtless body also fits the definition, and it is possible that the investigative authorities will arbitrarily judge "arrest" and "miss". "" The definition is ambiguous. It's strange to think that it may or may not become child pornography. "" I don't think that the investigative agency can read the heart of a person who says "the purpose of satisfying sexual curiosity", and the purpose and reason are unknown. However, there is a possibility of conducting an investigation. "" In the first amendment, erotic manga and anime are included in the items to be considered for additional regulations, and it is desirable to have a society that is acceptable as diverse values ​​and cultures, not regulations. " Opposition was raised[213][214].
  • Hikari City Mother and Child Murder Real Name BookTrial (April 1999, 4 case occurred, February 14, 2012 death sentence confirmed, September 2, 20 decision)-Yamaguchi PrefectureLight city内 のNippon Steel Steel WorksAn 18-year-old boy becomes a 23-year-old housewife in a company apartmentkill,Necrophilia..The daughter, 11 months oldinfantThe case of murdering and stealing a wallet.Approximately 13 years after the incident, in 30 when the perpetrator turned 2011Supreme CourtThe death penalty is confirmed at[215],Kyodo News,Newsletter,Asahi Shimbun,Yomiuri Shimbun,Nihon Keizai Shimbun,Sankei ShimbunAnd many local newspapersReal name coverageSwitch toNHK,Nippon TV,TBS,Fuji Television Network, Inc,TV AsahiEven on TVReal name coverageIt has been made[216]..The death penalty is confirmed in juvenile delinquencyNorio Nagayama serial shooting caseSixth person since then.The death penalty at 6 years and 18 days at the time of the crime is the youngest.In addition, on October 30, 2009, before the death penalty was confirmed, the real name and face photo were posted.What will happen if you kill FukudaWas published, and the perpetratorsSuspension of publicationAnd about 1300 million yenRestitution for DamagesAskedLawsuitWoke up, butSupreme Court TheappealSecond trial, who decided to dismiss and said that there was no infringementHiroshima High CourtThe decision has been finalized.
  • GoogleSearch result deletion case (decided on October 2014, 10)— Japanese men are AmericanGoogleAsk the head office to remove it because it will give you search results as if you were involved in a crime with your name, as it is infringing on your privacyProvisional disposalApply andTokyo District CourtAdmitted some of the men's allegations and ordered the removal of 122 search results that could cause "significant damage" to men.GoogleOrder to delete the search results ofProvisional disposalThe decision is the first in Japan[217]..In the background of the decision, in May 2014EUIs the Supreme Court ofEuropean Court of JusticeHas given Google a ruling ordering Google to remove links to content that reports on an individual's past facts from personal name search results.[218].
  • Enforcement of the so-called "Revenge Porn Law / Revenge Porn Damage Prevention Law / Revenge Porn Countermeasures Law" (November 2014, 11)-Official name"Act on Prevention of Damage by Providing Private Sexual Image Recording". "Mitaka stalker murder caseIn response to "Revenge pornTo prevent and strengthen the crackdown, new penalties such as "up to XNUMX years in prison" have been added.[219].
  • Kawasaki City 1 Male Student Murder Case(Occurred on August 2015, 2)-Kanagawa PrefectureKawasaki CityKawasaki kuOf the port townTamagawaRiverbedAnd a 13-year-old boykillDoneAbandoned corpseThe case that was done.One week after the incident, three boys殺人In doubtArrest..Victims are routinely violent by perpetrators, and on the night of their murder, they are stripped naked and swam in a river in the middle of winter, then cut in several places with a utility knife and stabbed in the neck with a knife. Died[145].. 『Weekly Shincho』Posted a real name and a face photo, and it became controversial.The article reporting the incident spanned six pages, detailing the boy's real name, family structure, past delinquency and violence.It is noted that there are both theories,Real name coverageIs a boyRehabilitationIt will be an obstacle toHuman rights groupLawyerClaim and hungerShopliftingOriginal as a post-war relic assuming a boy who doesSupreme Public Prosecutor's OfficeI introduced the comments of the prosecutor.NichibenrenMr. Susumu Murakoshi said in a statement, "There are complicated factors such as the boy's growth history and environment in the background of the serious juvenile delinquency, and the strict punishment principle that blames the boy alone is not appropriate." Criticized.Also"Weekly Bunshun] InインターネットAbove, as the real name etc. are floodingJuvenile lawHe did not mention the regulation of the Internet, and introduced a comment from an expert that the law should be revised in line with the times.Furthermore, even in developed countries, only Japan classifies boys by the age of 20, and experts said that it is appropriate to reduce the age to 18.[220][221].. ExProsecutor OfTsunehiko MaedaWhen considering the issue of media regulation,Convention on the Rights of the ChildIt is also necessary to considerJuvenile lawHe pointed out that abolishing the provisions of Article 61 would not immediately allow juvenile delinquency of any age to report real names.[222].
  • Prime Minister's Office drone fall case(Occurred on August 2015, 4)DroneUsedterrorismAnd the danger of criminal activity became clear, and it became the beginning of legal restrictions on the use of drones.
  • TwitterRevenge pornCase (decision on June 2015, 6)— Commonly known as "Revenge porn lawThe first decision in Japan based on a violation.Yokohama District CourtSentenced the defendant to 2 years and 6 months in prison (4 years suspended sentence with probation).Defendant is a free communication app in August 2014LINEThen, I contacted a woman who was a former dating partner, saying, "I'll scatter photos and make you regret." In January 2015,TwitterI posted 10 naked photos of my ex-dating partner[223][224].
  • Hideaway bareating logPublication case (reconciled on July 2015, 7)— The bar store information based on the concept of "secret hideaway" is posted on the gourmet information site "Tabelog", and the bar management company is the site management company "Kakaku.comDelete information and 330 million yenRestitution for DamagesThe case that asked for.The bar does not have a signboard and is open to referral customers with a system in which a clerk unlocks an auto-locking iron door to enter the store.I was asking customers not to post reviews, but information such as photos inside the store and how to enter the store was posted in the tabelog.The bar management company demanded that the information be deleted, saying that it "had a significant disadvantage in store management," but Kakaku.com said, "The user'sFreedom of expression,Right to knowUnreasonably restricting "LawsuitDeveloped into.The content of the settlement is not disclosed.The bar's phone number and map have been deleted from the tabelog, and it seems that Kakaku.com has partially responded to the request.[225].
  • Hitotsubashi University Outing Case(Occurred on August 2015, 8, partially settled on January 24, 2018)Hitotsubashi University Law SchoolInHomosexualityConfessed his love feelingsゲ イStudent is exposed by the other party (Outing) As a triggerpanic disorderIt started to cause physical and mental disorders such as seizures,Suicidal suicideCase allegedly done[226].. The bereaved family of a student who died in 2016 pursued the responsibility of the other student and the university for 300 million yenRestitution for DamagesAsk forCivil actionCaused[227].. Reconciled with students in 2018, but trial with Hitotsubashi University is ongoing[228]..Hitotsubashi University says "Guidelines for harassmentIs stipulated, and "harassment is in a broad sense."Human rights violationsIt is disadvantageous or unpleasant to the other party due to attributes such as gender, religion, social origin, race, ethnicity, nationality, creed, age, occupation, physical characteristics, sexuality, or behavior related to personality widely. It means giving and damaging its dignity. "[226].
  • Pension management system cyber attack problem(November 2015)Japan Pension ServiceAbout 101 million people, about 125 million personal information (pension information) leaked from[210].My number methodThe vote of the amendment was postponed[229].
  • Ministry of Internal Affairs and CommunicationsGuidelines for handling images taken by "drone" on the Internet”Published personal information protection guidelines (September 2015, 9)— Illegalness is judged individually in court[230],Portrait right"There is no problem as long as a person is accidentally reflected during aerial photography with a drone and the appearance of that person cannot be determined."Regarding invasion of privacy, "If necessary," blur "the license plate, nameplate, person's face, etc. of the car" "In addition to houses and towns, people wear clothes such as public baths, changing places, toilets, etc. You also need to be careful where you are unlikely to be wearing it. "[231].
  • My numbernotification(2015 May)
  • My numberStart of operation (2016 October 1)
  • Voice actorSumire Uesakatwitter pause (March 2016, 3)LINEOn the official blog, "There have been some people who sent unpleasant replies (replies) directly, but we decided to take a suspension measure because the number could not be overlooked," explained the circumstances of the suspension.[232]..Analyze the inside of the room from the reflection of the eyes of the selfie photo, analyze the underwear from the image wearing a white blouse, etc., from the update frequency of Twitter and blogphysiologicalUsers who predict the cycle are also appearing,sexual harassmentWas accused of[233][234].
  • Commonly called "Law on Prohibition of Flight for Small Unmanned Aerial Vehicles/Regulation Law for DronesEnforcement (October 2016, 4)— Official name "Act on Prohibition of Flight of Small Unmanned Aerial Vehicles, etc. Over Areas Around Important Facilities". "Prime Minister's Office drone fall case”, Revised flight rules for drones, etc.Aviation law”, And stipulated the prohibition of flying drones, etc. over the remaining important facilities.
  • JTBInformation leak (June 2016, 6)— An employee opens an attack email of a fake PDF file of an airline ticket by spoofing the email address of an existing business partner and is infected with a virus. Personal information for 678 people leaked[235][236].
  • eating logNegative review case (judgment on June 2016, 6)— A trial in which a company that runs a restaurant in Hokkaido demanded that all store information pages be deleted, saying that the number of customers had dropped sharply in a review of "Tabelog" that "waited for about 40 minutes for food to come out."Sapporo High CourtDismissed the appeal, saying, "As long as you run a restaurant, you should accept any loss if it is a socially valid'word of mouth'."[237]..Hidetoshi NakanoYohei ShimizuThe lawyer said, "Because I was asking to delete not only the negative part but also the part that does not matter,"Freedom of expression”“ Depending on the content of the word of mouth, defamation, etc. may be established, and negative writing may be deleted. ”[238][239].
  • Actor'sHiroki NarimiyaRetired (December 2016, 12)cocaineSuspicion of using illegal drugs such as "FridayWas reported for two weeksHiroki NarimiyaBut,homosexualHe confessed that he was, and retired from the entertainment world due to the fact that his sexual orientation was exposed in a series of alleged reports.[240].. "I feel very angry at the factless article. I, Hiroki Narimiya, have never used drugs." "I definitely don't want people to know about this job.SexualityIt seems that I will be crushed by anxiety, fear and despair that can not be expressed in words that wrong information continues to spread as it is. "[241][242]..Regarding sexuality, "OutingIs the blame[243][244]On the other handLGBTFrom the parties, "It's not true that he treats him as if he's gay, even though he's not.OutingI can't say. "" You shouldn't freely say or disseminate uncertainties. "[245]"Homosexuality allegations were consumed as entertainment."[246]There were pros and cons.
  • Amendment "Stalker regulation lawEnforcement (October 2017, 6)— In 2016, there were 2 stalker damage consultations, the highest number ever for warnings and ban orders.[247]..The number of consultations related to stalking cases has remained at a high level, and the types of damage have diversified.Report on how regulations such as stalking should beBased on this, the second revision was made. "Expansion of regulated acts" "Review of system such as prohibition order" "Prohibition of provision of information related to stalking acts" "Measures against the other party such as stalking acts" "Measures to contribute to prevention of stalking acts" " "Review of penalties" was made[248]..In particular"Social MediaSending a message orBlogInclude in the target acts of "Tsukimatoi, etc.", which is a prerequisite for certifying "Stalking acts", "Including the act of writing in the text and wandering around the residence, etc." Prohibition of provision "" Persons involved in protection, investigation, trial, etc. must consider ensuring the safety and confidentiality of the victim, even if they are on duty. "" Even if there is no complaint of the victim. Allowed investigations, prosecutions, and punishments, doubling statutory penalties. "[249][250].
  • "The right to be forgottenCase (January 2017, 1 decision)— Search siteGoogleAnd in the pastArrestAsked to delete search results that display historyProvisional disposalIn response to the complaintSaitama District CourtApproved the proceedings by the judgment that clearly stated "right to be forgotten" for the first time in Japan[251][252].. HoweverTokyo High Court"The substance is the same as an injunction request based on honor and privacy rights, and it is not necessary to judge independently."[253],Supreme Court"The public nature has not been lost at this stage within five years of paying the fine," and "the arrest history of men is related to public interest," he refused to delete.[254][255][256].
  • Sumire UesakaPersonal account closed (July 2017, 7)TwitterInstagramClosed personal account and unified to official Twitter integrated with 2 other accounts.There is no end to the number of users who perform the "Uesaka Sumire Challenge", a play that sends a reply containing sexual expressions to the reopened personal account and tries to see if it is blocked by the person himself.[257], There were a series of criticisms of fans sending radical replies[258].. On July 7, it was reported that a man who had been giving notice of murder to Uesaka was arrested on the Internet.[259], The impact of these incidents and harassment seems to be significant[260].
  • The first large amount of simple possession of child pornographyDocument inspection(November 2017)— May 2017,Metropolitan Police DepartmentThe largest child pornography membership mail order site in Japan, "Carefully Selected DVD Shop Arisu"RaidAnd the list of 7200 buyers was confiscated[261].. In October 2017, based on the list, about 10 people with simple possession of child pornographyDocument inspection..home"Rurouni KenshinThe authorReal name coverageDone[262], May 2018, 2Tokyo Summary CourtIs a fine of 20 yenInformal instructionIssued[263].2020 Tokyo OlympicsThere was also a report of a rush to "purify" for the event.[264], "Show me", "Concerns used for arresting other cases", etc.[265][266][267][268].. Similar opinions were raised because they were anonymous when the three assistant police officers were sent documents in December 2017.[269].. "When I was young, my taste was legal, but suddenly it became illegal, and if there was no way to satisfy it legally in the future, I would be exposed to the world and lose my job and be made into a toy on the net." A series of tweets such as "I wouldn't tell you to sacrifice an innocent girl because they're poor, but you don't have to say it like a monster, make it a toy in a group, or even take a job" became a hot topic.[270].. "Rurouni Kenshin / Hokkaido Edition", which had been suspended since October 2017, will resume serialization from the July 10 issue.[271].. In December 2018, about 12 people based on the sales recordDocument inspection..Customer data for about 7200 people includes elementary school teachers, cram school managers, police officers, local councilors, etc., and the Metropolitan Police Department provides data for about 2700 people who judged it possible to make a case to police headquarters nationwide. did[261].
  • Minor portalFull-scale operation started (November 2017, 11)政府An online service operated by.My numberA portal site for each individual that is newly constructed in conjunction with the introduction of[272].
  • TokyoNational cityJapan's first "Outing"Prohibition Ordinance" enforced (April 2018, 4)— Official name “Kunitachi City Ordinance to Promote Equal Participation of Women and Men and Diversity”.Others publish against their willOutingAlso, it was forbidden for relatives to block when the person tried to make it public.No penalties[273][274][275].
  • Revised in Tokyo "Junk Prevention OrdinanceEnforcement (October 2018, 7)— “Tell me that you are monitoring”, “Tell me something that is detrimental to your honor”, ​​“Sexual” "Tell me something that is offensive to shame" was added. "Tsukimatoi" now includes "prowling around".Also on the phonefaxE-mail to the "continuous phone" that was supposed to beSocial MediaAdded continuous transmission to etc.In each case, "it must not be repeated".StealPlaces where you can regulate your actions are also trains andPublic bathIt has been expanded to public places such as public places, private spaces such as residences and hotel rooms, schools, and offices of companies.This kind of ordinance is not the first in Tokyo, but has been incorporated into the ordinances of 14 prefectures such as Hokkaido, Mie, Osaka, and Kagoshima, and is already in operation.[276]..On the other hand, the lawyer group "Japan Lawyers AssociationCitizens are expanding the scope of regulations such as "tell me something that is detrimental to me" and "tell me that I am monitoring" before the Diet or on the street.Social MediaHe criticized parliamentarians and criticized reporters for their coverage, which could be subject to regulation.[277][278][279].
  • (2018 12 年 月 日 14)— A company entrusted with data entry such as withholding slips by the NTA re-entrusts it to another domestic contractor without permission.About 70 personal information leaked.Approximately 55 cases are listed in my number[280][281]..Unauthorized subcontracting is prohibited by the My Number Act, but due to busyness, it was subcontracted to three domestic companies.
  • NGT48-Maho YamaguchiAttack case (December 2018, 12)— When Yamaguchi returned to his home in Niigata City, two men at the front door caught his face and a college student in his 2s and an unemployed man living in Niigata City were arrested on suspicion of assault.The incident was made known by the crying video distribution.The criminalNGT48It was reported that the members were listening to their time to go home and their home, but the truth is unknown.
  • Bankruptcy map case(Occurred around March 2019, 3) --The operator of the website called "Bankruptcy Map"Official gazetteBankruptcy information (name, address, etc.) is collected and made into a database,Google MapsCases that are comprehensively displayed on the map by setting the association with.The site was closed on March 2019, 3 after being criticized for infringing the right to privacy and defamation, and developing into a situation where a victim defense defense team was formed.

footnote

[How to use footnotes]
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References

Related item

Libel

Libel(Defamation,(British: defamation) Is another person'shonorActs that hurt.Restitution for DamagesJustify responsibility, etc.TortOr as a crimeCriminal penaltyCan be the target of. "honorAbandonedAlso written as "loss"[1].

For defamationCriminal defamationCivil defamationThere is[2].

Concept of honor

person's"honorIs an ambiguous concept.

Internal honor
The true value of a person who exists independently and objectively apart from the evaluation given by himself or others.[3][4]
External honor (social honor / factual honor)
An evaluation of a person's reputation or reputation given by society.[3][4]
Honor feeling (subjective honor)
Refers to the sense of value and feelings that one has toward oneself[3][4]

Of these, the internal honor is the true value of the person objectively, not of the nature of being infringed by others, and not a matter of legal protection.[3].. It is external honor and feelings of honor that matter how legal protection should be.

Criminal law defamation charges make external honor a protective benefit[3].. In addition, "honor", which is protected as defamation in civil terms, is also an external honor.[5].. Infringement of honorary feelings is a problem for honorary feelings (#Infringement of honorSee).

Criminal defamation

France

In France, instead of the Criminal Code, Article 1881 and below of the Freedom of the Press Act, published on July 7, 29, stipulate punishment for defaming or insulting individuals or groups.[6]..Until the Free Publication Act was enacted in France, crimes against honor were stipulated in the Criminal Code, and Article 1810 of the 367 Criminal Code stated that "in public places or meetings, or in public certificates, or posted, sold, published. In printed or unprinted documents, attacking an individual for a felony, misdemeanor prosecution, or any fact that would lead to public contempt or hatred, if present, is a misdemeanor of defamation. " Was being[6].

May 1819, 5 The first sentence of Article 17 of the Publishing Law states that "all claims or criticisms that damage the honor or fame of a person or group are defamation," and a mechanism to punish regardless of the truth of the fact was adopted.[6].

The 1819 Freedom of the Press Act was amended by the French Freedom of the Press Act on July 1881, 7, and the first sentence of Article 29 of the Freedom of the Press Act on July 1881, 7 states that "a fact is attributed to a person or group, and that person or group. In the case of infringement of honor or fame, presenting the fact or blaming the fact is all defamation. "[6]..The components of defamation in France are the presentation of facts or the criticism of the facts, the infringement of honor and fame, the person against a specific victim, the publicity, and others. Maliciousness is also a requirement by judicial precedent[6]..In addition, as a requirement for exemption from defamation charges, the 1819 Publishing Law stipulates a defense of truth in the case of facts concerning civil servants and public organizations, but the 1881 Freedom of the Press Law stipulates the scope of proof of fact about the defense of truth. Is being expanded[6].

Germany

In GermanyCriminal lawArticle 185 and below stipulate defamation charges.[6].

Japan

In Japan, it is stipulated in Article 230 and below of the Penal Code.

Under the criminal law, defamation chargesInsultThere is a dual theory that defamation crimes protect external honors and insult crimes protect subjective honors, but there is an external honor theory that both protect external honors. It is a popular theory[3].. The conventional wisdom is divided by the disclosure of specific facts, and if the specific facts are revealed, the success or failure of the defamation crime becomes a problem, and if not, the success or failure of the insulting crime becomes a problem.

Civil defamation

Introduction

Civil lawIn countries, defamation is considered to constitute tort. AlsoCommon law OfLegal systemIn, defamation isTortIt has been.United States federal courtAccording to the report, defamation is the act of defaming another person's reputation by disclosing false fame.[7].

Defamation as a tort is an act that reduces the objective evaluation (social evaluation) that a person receives from society regarding character, deeds, fame, credit, and other personal values.[8].

Comparison of Japanese criminal defamation and civil defamation
Criminal defamationCivil defamation
Facts revealedDefamation charges are established only when the social evaluation is lowered by revealing the facts (case law / common theory)[9][10]Illegal acts due to defamation are established if the social evaluation declines not only when the facts are revealed but also when opinions or comments are made.[9][10]
Opinion or commentaryAn insulting crime is established when the social evaluation is lowered by a method other than revealing the facts (case law / common theory).[9][11]
Infringement of honorIf there is no decline in social evaluation, neither defamation nor insult will be established.[11](In case law and common wisdom, external honor is a protection law benefit for both defamation and insult.[9]"Honor" protected as civil defamation is an external honor[5].. Therefore, it is not defamation. However, tort may be established as an infringement of honor.[11].
Intentional / negligentDefamation (or insult) is established only when it is intentional (intentional offense)[11]Tort is established even if defamation due to negligence[10]
OpennessClear and openness is a constituent requirement[10]Defamation is not a requirement, but defamation is an act that lowers social reputation, and it is necessary that the speech be transmitted to others to some extent, and it does not make a decisive difference between criminal and civil. Absent[12][13].. Many court cases and practices are said to be based on the theory of openness.[14] .

Defamation object

Corporation

Since corporations are also evaluated as social beings, defamation can be established for corporations as well.[15][16].

in Japan"Sankei Shimbun Opinion Advertising CaseAccording to the Supreme Court's decision, "If honor is infringed by acts of expression such as speech or publication, protection of the honor of an individual as a personality right (Article 13 of the Constitution)"Freedom of expression(Article 21 of the same), and it will be necessary to make adjustments. In this regard, if the victim is an individualCorporationOr, it is considered that no particular difference should be made depending on the case of a non-profit organization or foundation (omitted). "[17].. However, according to legal scholars, corporations and organizations whose credit is a problem "because they are under appropriate social interest and are in a position to be constantly exposed to social evaluation and criticism. The scope of honor protection will be more limited than that of private individuals. "[18].

Of EnglandCommon lawIn addition to individuals, corporations such as companies can also file defamation complaints.[19].

ロシア25% of the plaintiffs in the trials filed to protect their honor, dignity and business fame were private companies and 22% were public and local public bodies.[20].

dead

The question is whether defamation of the dead will be established.

There is defamation to the dead in South Korea, and if you make a defamation statement, you may be sued by a person concerned such as a direct descendant, and defamation will be recognized even in a civil court.[21].

In Japan, defamation of the bereaved family is established when the facts that lower the social evaluation of the dead are such that the social evaluation of the bereaved family is also lowered.[22][23].. In addition, if the defamation of the dead is limited to the defamation of the bereaved family, it cannot be considered as the defamation of the bereaved family.[24][25][26].

In addition, since Article 230, Paragraph 2 of the Japanese Penal Code states that "a person who has defamed the dead will not be punished unless he / she reveals a false fact", the defamation of the dead under the Civil Code. But it becomes a problem. First, it states that the judicial precedent must be a false fact in the case of infringement of "respect for the deceased".[27].. However, even if it is true, the bereaved feelings of wanting the deceased to be left alone should be protected, so as with general defamation, defamation only when there is publicity and charitable purposes. There is an objection that it should be considered that[28].. On the other hand, if the fact-finding that lowers the social evaluation of the dead is composed as defamation of the bereaved family, even the truth-finding is defamation and is exempted only if it has public nature and charitable purposes. Is believed to be[29].

Facts revealed

Fictitious name protection

The protection of false names is an issue regarding the success or failure of defamation.

In the case of Japanese law, it protects the evaluation that society actually gives to the person.[30]The success or failure of defamation depends only on the presence or absence of a decline in social evaluation, and the truth of the fact does not matter.[31].. However, certain reasons for exemption are required to guarantee freedom of public speech.[32].

Disclosure of matters unrelated to personality value

Matters such as being a mentally ill person are essentially unrelated to personal value, but prejudice and discrimination still exist in society, and when the disclosure of these facts reduces social reputation. Is a defamation, the traditional view is[31].. These issues are not defamationPrivacy invasionThere is also a view that gives legal protection as a problem of[31].

Target identifiability

Defamation must be done to a specific person in order to be defamation, and defamation cannot be established even if the group is simply vaguely targeted like "Tokyo people" and "Kansai people".[33].. This is the same as in the case of criminal defamation.

Defamation may be established if the person is not mentioned directly[34].

  • References to one person may be found to be defamation to another[35].
    • Defamation of the president of a company may also be defamation of the company.[36].
  • References to objects that are closely related to the subject may be found to be defamation[34].
    • It is believed that the social reputation of authors and restaurant owners does not decline immediately if it remains a subjective assessment, such as a work of art or a restaurant meal.[34].. However, depending on the reason for the negative evaluation of the object, the social evaluation of the subject may be lowered.[37].
    • A court case in which blog comments such as cosmetics sold by the subject contain steroids are illegal[38]However, defamation was recognized as defamation of the subject because it was intended to "sell the product containing steroids as if the subject did not have steroids". Is understood as an example[37].

The problem of openness and the theory of propagation

Publicity is a clear requirement for defamation charges in Japanese criminal law, but there is no such requirement in civil terms.[13].. However, defamation is an act that lowers social evaluation, and in order for defamation to be established, it is necessary for the speech to be transmitted to others to some extent.[12].. Therefore, it does not make a decisive difference between criminal and civil.[12].

In the past, the judicial precedents (Judgment of the Great Court on October 5, 10, Minority Rights, 12nd page, 22) did not require openness, but the judicial precedents in this position are considered to be an overwhelming minority, and the facts about specific minorities. Since it cannot be said that the social evaluation is lowered by the indication of, it is said that many judicial precedents and practices stand on the theory that openness is necessary.[14] .

However, in criminal defamation, the theory of transmissibility is adopted that even defamation words for a specific minority are recognized as open if there is a possibility that they will be propagated to an unspecified majority. , This theory has been introduced as it is to civil defamation[39].. Regarding the theory of transmissibility, there is also the idea that in defamation under civil law, it is not the possibility of propagation, but whether or not it actually propagated and thereby lowered the social evaluation.[40].

Distinction from opinion or commentary

In criminal defamation, if the social evaluation is lowered by revealing the facts, the crime of defamation becomes a problem, and if the social evaluation is lowered by a method other than the facts, the crime of insult becomes a problem. Common wisdom)[9][10] .

On the other hand, in civil defamation, not only when the facts are revealed, but also when expressing opinions and commentary, if the social evaluation declines, illegal acts due to defamation can be established.[41][42][9][11].. Therefore, there is no practical benefit in distinguishing factual statements and commentary regarding the success or failure of defamation, but there is a practical benefit in that relationship because the applicable exemption doctrine differs between factual statement and commentary.[42].

In general, those who can judge the existence by evidence etc. are distinguished from factual statements, and those who cannot judge the existence are distinguished from commentary.[42][43] .

It should be noted that there is a distinction between arguing against a certain problem and blaming personality.[44].. This is because it is the ironclad rule of a democratic society to counter speech with speech.[45].. Since the opinion should be opposed with the opinion, if the facts that are the premise of the opinion are stated, only that part should be liable for tort due to defamation.OpinionAlso[46].

Intentional / negligent

In criminal defamationDeliberate crimeOnly punishment, but in civil defamation, tort is established even in defamation due to negligence[10].. However, it is said that this is not often an independent issue, as defamation expressions are often made intentionally or at least by negligence.[47].

Damage and relief

Details of damage

The view that defamation damage is a decline in social reputation, but that it is exhaustive and that it includes the victim's subjective heartache.[48]There is.

Restitution for Damages

in Japan,CivilThe means to recover the above damage ismoneybycompensationIs the principle (Article 417 of the Civil Code,Principles of financial compensation).

Of these, compensation for mental damage rather than material damage is called a compensation.[49].

Apology advertisement

In Japan, about defamation,Civil Code Article 723(In case of copyright infringementCopyright Law Article 115(It is also the basis), "appropriate disposition to restore honor"裁判 所Is supposed to be able to order. This measure will restore the social reputation that has declined due to defamation. A concrete example of this measureApology advertisement.

Here, when the court orders an apology advertisement, interference with freedom of thought and conscience becomes a problem, but the Supreme Court "just confesses the truth of the situation and expresses its apology. It is possible to order an apology advertisement "for things" (it cannot be understood that it requires "ethical will, infringement of freedom of conscience" as a basis, and it is so-called in Article 733 of the Civil Code. "It should be an appropriate disposition.") And "It must be said that compulsory execution is also obtained by the procedure of Article XNUMX of the Civil Code as an alternative act." (Civil Code Law XNUMX at that time) Article is currentCivil Enforcement Law, Article 171, Paragraph 1) (Showa 28 (e) 1241[50]).

Annihilation prescription

In Japan, the right to claim damages due to defamation tort shall be extinguished if it is not exercised for three years from the time when the damage and the perpetrator are known, or if 3 years have passed from the time of the tort (Civil Code Article 20). )[51].. It is understood that torts on the Internet are being carried out on a daily basis until they are deleted, and if you file a lawsuit within three years after the end of the tort, three years have passed since you recognized defamation. Extinction prescription does not hold regardless of whether or not[52][53].

The doctrine of defamation illegality prevention and immunity

The doctrine of truth and equivalence

In Japan, there is a defense of truth and a defense of appropriateness regarding defamation due to the facts being revealed.PrecedentApproved above[54][55].. There is no explicit provision such as Article 230-2 of the Penal Code for defamation of civil affairs in Japan.[56], Has been recognized by case law since the approval of the Supreme Court's decision on June 41, 6 (Minshu Vol. 23, No. 20, p. 5), and freedom of expression with reference to the purpose of Article 1118-230 of the Penal Code. This is an exemption reason provided from the viewpoint of guaranteeing[57][56].

In the doctrine of truthfulness and equivalence, the act of expression in question is identified.PeopleEven if it lowers the social evaluation of the public, it is a factual indication that it is related to the specific interests of the public (public nature), and its purpose is exclusively for the public interest (public interest). (Public interest), the facts revealed真 実It is a doctrine that defamation does not hold when there is a good reason for (truth) or believing that it is true (truth).[58].

  1. The facts revealed are facts of public interest (public nature)
    "Facts concerning public interest" means "in light of the content and nature of the facts that have been revealed, it is recognized that it is in the public interest to reveal the facts objectively."[59].
    The doctrine of truthfulness and equivalence requires that all three requirements be met. Therefore, if it lacks publicity, it will be liable for tort even if it is true.[60].
    It should be noted that the Japanese case law does not take the structure of "public figure or private person", but takes the norm as to whether or not the facts revealed correspond to "facts concerning public interest".[61].. In the United States, public figures will be described later.Actual malice doctrineThe doctrine of defamation is different because it is considered to be valid, but in Japan it is only one of the factors to judge whether or not it corresponds to "facts about public interest", and the concept of "public figure" in the United States is also It has been pointed out that the judgment is based on factors such as the public nature of the subject of speech.[61].
  2. The purpose of clarifying that fact is exclusively for the public interest (public interest)
    It is said that the charitable purpose must exist "exclusively", but the judicial precedent does not give such a strict interpretation.[62].. In addition, if the public interest of the facts is recognized, the public interest of the purpose is often recognized, but there are many court cases in which the public interest of the purpose is denied while affirming the public nature of the facts.[62].. There is debate about the propriety of requiring the actor's subjective purpose in addition to the public nature and truthfulness or truthfulness of the facts revealed.[62].
  3. The facts revealed are true (truth), or there is a good reason for believing that they are true (truth equivalence)
    In the doctrine of truthfulness and equivalence, the burden of proof of truthfulness and truthfulness is entirely borne by the defendant (expressor).[63][56].
    The idea is that the artist must not be vague as long as he or she endangers the honor of a person.[64].. On the other hand, burdening the proof of truth without leaking the facts revealed may lead to atrophy of speech.[64].. Some Supreme Court cases endorsed the judgment of the original judgment that the scope of proof of truth was sufficient for the "important part" (October 58, 10, Supreme Court Judgment No. 20, p. 1112).[64][65].
    For example, in the case of rumors, the object of proof of truth is not the existence of the rumors themselves, but the facts of the rumors (the Supreme Court's decision on January 39, 1 as a case that endorsed the original judgment).[66].. However, since the object of proof of truth is determined by the interpretation of how the reader perceives it, it is understood that even in the form of rumors, the description differs depending on whether or not the description was made on the premise that the rumors are true. Is[67].
    Even if the truth cannot be proved, defamation will not be established if the actor has a good reason to believe the fact to be true.[68].. However, in order to be justified, it is necessary for the actor to misunderstand the truth and to have a good reason in the light of reliable materials and grounds.[69][68].. The Supreme Court said, "Even in the case of acts of expression by individual users of the Internet, as in other cases, it is considerable in light of certain materials and grounds that the facts revealed by the actors were mistrusted as true. Defamation is not established only when it is recognized that there is a reason (Supreme Court, March 22, 3, Judgment, Vol. 15, No. 64, p. 2), causing more serious damage than conventional defamation. It is considered that there is a risk of giving and the recovery of damage due to opposition is not certain.[70].. This case (decided by the Supreme Court on March 22, 3) was a case in which a magazine article was used as part of the reference material, but as a result, its validity has been denied.[71].

It is a factual indication that it is related to the specific interests of the public, and if the purpose is solely for the public interest, it is said that if the revealed fact is true, it lacks illegality and is true. Even if it is not proved to be true, when it is recognized that it is appropriate for the actor to believe that it is true, there is no intentional or negligence and no illegal act is established.[56].

Since the burden of proof on the part of the expressor is heavy for the doctrine of truthfulness and equivalence, from the viewpoint of guaranteeing public speech, the content of the exemption requirement and the burden of proof of claim are based on public speech and non-public speech. There is a view that there is a difference in the burden and it should be[63].

In Germany, although the investigation obligation (Nachforschungpflight) has been exhausted, if a false claim is made and it is made in order to defend the legitimate interests, it is not a tort. It is said (German civil law).[72]

Fair commentary doctrine

Matters concerning the public interest when defamation due to commentary is questioned(English editionIt is an Anglo-American law that exempts you from liability when[73].

In Japan, case law recognizes the defense of truth and the doctrine of appropriateness for defamation due to the facts being revealed.[55].. However, for defamation due to opinions or commentary, different defense grounds are required because it is not possible to prove the truth itself.[55].. Therefore, even in Japan, the doctrine of Anglo-American law is not adopted as it is, but it is a doctrine established through the Supreme Court case.[73].

In the doctrine of fair commentary, in addition to publicity, openness, truthfulness or appropriateness, it is necessary that the requirement is "not to deviate from the scope of opinion or commentary such as personal attack".[74][75].

Actual malice doctrine

The United States of AmericaFederal Supreme CourtIn the case law of 1964(English editionSinceActual maliceThe doctrine has been established. this is,Public figuresThe act of expression referring to is defamation if it is proved to have been done with real malicious intent, and the plaintiff is obliged to prove it.[76].

If the actual malice doctrine is adopted, the scope of defamation for public figures will be narrowed.Yasuo Hasebe is involved in the act of expression due to the large amount of damages being granted in the background of the recognition of such a doctrine.Atrophic effectInsists that there is a need to suppress[77].

In Japan, the media and others have claimed to adopt the actual malice doctrine, but the court has made a judgment based on the doctrine of truth and truthfulness, and the actual malice doctrine has not been adopted.[78], The obligation to prove the truth lies with the defendant[79].

The doctrine of exemption in the case of speech exchange

The issue is that if a person whose honor has been defamed responds with speech in order to protect himself, special consideration such as exemption from liability may be required for that exchange.[80].. Exempted if reciprocal speech meets the requirements of self-defense[81].. However, due to the urgency requirement, in the case of reciprocal speech, it is understood that there is no room for self-defense unless defamation is actually being carried out, so there is room for exemption in cases other than self-defense. Is there a problem?[82].. Self-help is prohibited in principle in the rule-of-law nation, so caution is required, but there is controversy because there is a concern that leaving everything to a judicial solution will cramp freedom of expression.[80].

Legitimate business conduct

Even if the disclosure of a certain fact damages the honor of another person, it is a ground for prohibiting illegality when it is a legitimate business act.[83].

  • Disclosure of the fact of dismissal by the company is permitted as long as it is a public notice method that respects the honor and credibility of the dismissed employee as much as possible using the minimum necessary expressions.[84].
  • The act of notifying a third party by a lawyer prevents illegality except in exceptional cases such as when the lawyer is maliciously grossly negligent about the fact that it is against public order and morals or that the fulfillment of the request will result in illegal results. Be done[85].

Group action right

It is said that there is room for defamation from the viewpoint of guaranteeing the right of workers to act as a group.[86].

Victim consent

If there is the consent of the victim, the tort will not be established as a reason for blocking illegality, and even in the case of defamation, the consent of the victim will be a reason for blocking illegality.[87].

Cases related to case law

Defamation is often as in the case belowPoliciesIt becomes a problem together with the infringement of. Until the right to privacy was advocated, it was heard as defamation.

Regarding precedents and cases related to privacy infringementPoliciesSee alsoFreedom of expressionThe case law is表現の自由#表現の自由に関する主要判例See also

Infringement of honor

In civil terms, "honor" protected as defamation is an external honor.[5].. External honor refers to the evaluation of a person's reputation or reputation given by society.[3][4].

On the other hand, honorary feelings refer to the sense of values ​​and feelings (so-called pride and self-esteem) that the person has toward himself, but honorary feelings can also be infringed.[3][94].

However, immediately recognizing liability for damages for statements that hurt pride or self-esteem not only makes speech cramped, but also results in protection for those with higher pride, so infringement of honor is an immediate issue of legal protection. Not thought to be[95].

The Tokyo District Court's decision on December 8, 12 stated that the feelings of honor were "a matter of inner heart, there are large individual differences, and what kind of words and actions of others would hurt the feelings of honor, and to what extent it would be hurt. There are also significant individual differences in this regard, and it is difficult to ascertain the existence and extent of infringement, saying that it is not easy for others to know. "[96].

However, there is a limit to the infringement of honorary feelings, which isMoral rightsIt is said that tort is established when it corresponds to infringement of[97].

The previous judgment of the Tokyo District Court on December 8, 12 states that it would be an illegal act if it falls under the category of "a clear and serious infringement that is difficult to overlook and would hurt anyone's feelings of honor." To do[98].

Unlike defamation, infringement of honorary feelings does not require openness because it causes infringement if the subject knows it.[99].. Also, unlike defamation, where external honor is a problem, there is no room for infringement of honorary feelings because there is no feeling in corporations and other organizations.[100].

footnote

[How to use footnotes]
  1. ^ Japan Newspaper Association OfRewriting with the same kanjiBy
  2. ^ Takeyuki Matsuo 2016, p. 2.
  3. ^ a b c d e f g h Minoru Otani 2013, p. 162.
  4. ^ a b c d Katsuhiko Tsukuda 2008, p. 2.
  5. ^ a b c Katsuhiko Tsukuda 2008, p. 4.
  6. ^ a b c d e f g Yumi Sato "Reconstruction of defamation charges (1) From the perspective of privacy protection"Hokkaido University Law Studies," Vol. 62, No. 5, 2012, pp. 1314-1267, ISSN 0385 5953, NOT 40019198198.
  7. ^ Susumu Hirano, "American Illegal Act", p. 198 and below
  8. ^ See Supreme Court, January 39, 1, Vol. 28, No. 18, p. 1
  9. ^ a b c d e f Katsuhiko Tsukuda 2008, p. 111.
  10. ^ a b c d e f Takeyuki Matsuo 2016, p. 27.
  11. ^ a b c d e Takeyuki Matsuo 2016, p. 28.
  12. ^ a b c Katsuhiko Tsukuda 2008, p. 54.
  13. ^ a b Katsuhiko Tsukuda 2008, p. 112.
  14. ^ a b Takeyuki Matsuo 2016, p. 111.
  15. ^ Katsuhiko Tsukuda 2008, p. 24.
  16. ^ See Supreme Court, January 39, 1, Vol. 28, No. 18, p. 1
  17. ^ https://www.courts.go.jp/app/hanrei_jp/detail2?id=55168
  18. ^ "Bulletin of Ritsumeikan University Institute of Humanities NO.84" (March 2004)
  19. ^ Douglas W. Vick and Linda Macpherson, An Opportunity Lost: The United Kingdom's Failed Reform of Defamation Law (1997), Federal Communications Law Journal Volume 49 Issue 3, p624
  20. ^ (English edition, The Cost of Reputation: Defamation Law and Practice in Russia (2007) p37 38
  21. ^ Japanophile writer loses 9600 million won compensation order(Chosun Ilbo September 2005, 9)
  22. ^ Katsuhiko Tsukuda 2008, p. 27.
  23. ^ See Shizuoka District Court, July 56, 7, Judgment No. 17, p. 1011
  24. ^ Katsuhiko Tsukuda 2008, p. 28.
  25. ^ 東京地方裁判所昭和52年7月19日判決判時857号65頁、東京高等裁判所昭和54年3月14日判決判時918号21頁参照
  26. ^ See Tokyo High Court, March 54, 3, Judgment Hourly Bulletin No. 14, p. 918.
  27. ^ See Tokyo High Court, March 54, 3, Judgment No. 14, p. 918
  28. ^ Katsuhiko Tsukuda 2008, p. 30.
  29. ^ Katsuhiko Tsukuda 2008, p. 31.
  30. ^ Takeyuki Matsuo 2016, p. 21.
  31. ^ a b c Katsuhiko Tsukuda 2008, p. 5.
  32. ^ Katsuhiko Tsukuda 2008, pp. 16–17.
  33. ^ Katsuhiko Tsukuda 2008, p. 33.
  34. ^ a b c Takeyuki Matsuo 2016, p. 132.
  35. ^ Katsuhiko Tsukuda 2008, p. 35.
  36. ^ At the time of the judgment of the Tokyo District Court on February 7, 2, No. 5, p. 616, Minshu Vol. 83, No. 18, p. 1
  37. ^ a b Takeyuki Matsuo 2016, pp. 132–133.
  38. ^ Tokyo District Court, September 20, 9 Judgment Ta 9, p. 1305
  39. ^ Katsuhiko Tsukuda 2008, p. 55.
  40. ^ Katsuhiko Tsukuda 2008, p. 56.
  41. ^ See Yoshio Shiomi, "Tort Law," p. 72 et seq.
  42. ^ a b c Katsuhiko Tsukuda 2008, p. 75.
  43. ^ Takeyuki Matsuo 2016, p. 220.
  44. ^ Katsuhiko Tsukuda 2008, p. 22.
  45. ^ Katsuhiko Tsukuda 2008, p. 21.
  46. ^ Shigenori Matsui "Defamation by Opinion and Freedom of Expression" Civil and Commercial Code Magazine Vol. 113, No. 3, p. 327
  47. ^ Takeyuki Matsuo 2016, p. 25.
  48. ^ Katsuhiko Tsukuda 2008, p. 200.
  49. ^ Takeyuki Matsuo 2016, p. 284.
  50. ^ Supreme Court En Banc July 31, 7 Showa 4 (e) 28 Apology Advertising Request Judgment Minshu Vol. 1241, No. 10, p. 7 There is a dissenting opinion based on Article 19 of the Japanese Constitution
  51. ^ Takeyuki Matsuo 2016, p. 310.
  52. ^ Tokyo District Court Judgment on January 24, 1
  53. ^ Takeyuki Matsuo 2016, p. 311.
  54. ^ For the part related to tort liability, see Yoshio Shiomi's "Tort Law", page 70 and below.
  55. ^ a b c Takeyuki Matsuo 2016, p. 235.
  56. ^ a b c d Takeyuki Matsuo 2016, p. 162.
  57. ^ Katsuhiko Tsukuda 2008, p. 278.
  58. ^ Supreme Court First Small Court Judgment on June 41, 1966[1]
  59. ^ Tokyo District Court Dec. 2, 12 Judgment No. 20, p. 1637
  60. ^ Takeyuki Matsuo 2016, p. 164.
  61. ^ a b Katsuhiko Tsukuda 2008, p. 298.
  62. ^ a b c Katsuhiko Tsukuda 2008, p. 296.
  63. ^ a b Katsuhiko Tsukuda 2008, p. 279.
  64. ^ a b c Katsuhiko Tsukuda 2008, p. 300.
  65. ^ Takeyuki Matsuo 2016, p. 182.
  66. ^ Katsuhiko Tsukuda 2008, pp. 302–303.
  67. ^ Katsuhiko Tsukuda 2008, p. 303.
  68. ^ a b Takeyuki Matsuo 2016, p. 194.
  69. ^ Supreme Court En Banc June 44, 6 Judgment Collection Vol. 25, No. 23, p. 7
  70. ^ Takeyuki Matsuo 2016, p. 195.
  71. ^ Takeyuki Matsuo 2016, p. 200.
  72. ^ E. Deutsch, by HJ Ahrens, translated by Michitaro Urakawa, "German Tort Law", p. 181 or less, especially 183 or less
  73. ^ a b Katsuhiko Tsukuda 2008, p. 342.
  74. ^ Katsuhiko Tsukuda 2008, p. 344.
  75. ^ Takeyuki Matsuo 2016, p. 236.
  76. ^ Overview of the U.S. Government – ​​Breakthrough Judgment by the Supreme Court | About THE USA | American Center JAPAN
  77. ^ Yasuo Hasebe, Constitution (3rd Edition), p. 164
  78. ^ Katsuhiko Tsukuda 2008, p. 352.
  79. ^ Shigenori Matsui 2013, pp. 198–200.
  80. ^ a b Katsuhiko Tsukuda 2008, p. 354.
  81. ^ Katsuhiko Tsukuda 2008, pp. 354–355.
  82. ^ Katsuhiko Tsukuda 2008, p. 355.
  83. ^ Katsuhiko Tsukuda 2008, p. 359.
  84. ^ Tokyo District Court Dec. 52, 12 Judgment No. 19, p. 1492
  85. ^ Tokyo District Court Dec. 5, 5 Judgment No. 25, p. 1637
  86. ^ Katsuhiko Tsukuda 2008, p. 374.
  87. ^ Katsuhiko Tsukuda 2008, p. 376.
  88. ^ [2]
  89. ^ [3]
  90. ^ [4]Hidehiko Nagao "Critique of Teachers' Educational Content and Defamation" Chuyo Hogaku 27 (2), 41-45, 1992-12-22
  91. ^ [5]
  92. ^ [6]Mitori Uesato "Recent Court Cases on Defamation" OIKE LIBRARY NO.26
  93. ^ [7]
  94. ^ Katsuhiko Tsukuda 2008, p. 79.
  95. ^ Katsuhiko Tsukuda 2008, pp. 79–80.
  96. ^ Tokyo District Court, September 8, 12 Judgment Ta 24, p. 955
  97. ^ Katsuhiko Tsukuda 2008, p. 80.
  98. ^ Tokyo District Court, September 8, 12 Judgment Ta 24, p. 955
  99. ^ Takeyuki Matsuo 2016, p. 313.
  100. ^ Katsuhiko Tsukuda 2008, p. 82.

References

  • Minoru Otani "Criminal Law Detailed Lecture New Edition 4th Edition" Seibundo, 2013.ISBN 4792319811. 
  • Katsuhiko Tsukuda "Legal Practice of Defamation 2nd Edition" Hirobundo, 2008.ISBN 4335354274. 
  • Takeyuki Matsuo "Theory and Practice of Defamation on the Internet as Seen in the Latest Cases (Keikusa Law Practice Series)" Keiso Shobo, 2016.ISBN 4326403144. 
  • Shigenori Matsui, "Freedom of Expression and Defamation," 2013. 

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