Question from a reader:
This is a question about the law. We are both 15 years old and will turn 16 this year. Everything happened on Instagram. After my ex-girlfriend cheated and we broke up, I sent a DM to her potential new boyfriend saying, “She cheated and broke up with me.” Then, I received a message from my ex-girlfriend saying
she would sue me for defamation. I got scared and deleted my account, but what should I do now? In this case, is there a possibility of being sued for privacy invasion in addition to defamation? Also, since I was pretending to be a girl on my account, I was told that a disclosure request might be made. What should I do?
Questions About the Law and Their Solutions
Hello everyone! Today, we’re discussing a somewhat heavy topic, but it’s an issue that cannot be avoided in our modern world where many people use social media. Especially for the younger generation, your actions can lead to unexpected consequences, so please read until the end.
Background of the Question
The question comes from two individuals who are transitioning from 15 to 16 years old, regarding a situation where one of them informed a new boyfriend about the ex-girlfriend’s infidelity via DM after they broke up. In response, the ex-girlfriend threatened to sue for defamation and expressed concerns about the possibility of privacy invasion and account disclosure requests. First of all, I want to emphasize that interactions on social media can carry legal risks that are greater than one might expect. I have a personal experience where a friend got into trouble due to a misunderstanding on social media, so this is not just someone else’s issue.
About Defamation
First, regarding defamation, it is defined under Japanese law as “acts that harm a person’s honor.” Spreading false information about someone can constitute defamation, but in this case, it involves conveying a fact. However, whether defamation is established depends on whether the information “lowers the social evaluation of the parties involved when made public.” This point depends on whether the ex-girlfriend actually cheated and how that information is perceived, so it cannot be generalized. I have also thought, “Why can I be sued for just stating a fact?” but the law is very complex. Even if it is a fact, remember that if the other party feels hurt, there is a possibility of being sued.
Possibility of Privacy Invasion
Next, let’s consider the perspective of privacy invasion. The right to privacy is a law that protects an individual’s private life and personal information. This right can also be relevant to statements made on social media. If the information you shared about your ex-girlfriend’s privacy made her personal life or relationships public, and she feels that she has suffered mental distress as a result, there is a possibility that privacy invasion could be established. This point also involves both facts and emotions.
About Account Disclosure Requests
Now, regarding account disclosure requests, this is a procedure that the other party undertakes to identify your identity. Typically, social media companies will only disclose user information if there is legal justification. If the other party is seriously considering legal action, there is a possibility that a disclosure request will be made. One thing to be cautious about is that you were pretending to be a girl. This could become an issue because using a false identity to contact someone can be seen as betraying their trust, potentially creating a legally disadvantageous situation.
Future Coping Strategies
So, what should you do moving forward? Here are a few points to consider.
1. Stay Calm
First, try to remain calm. Getting emotional could worsen the situation. Think about what actions you should take without being swayed by the other party’s words.
2. Consult a Legal Expert
Next, I recommend consulting a legal expert. Especially for minors, understanding the law can be difficult, so getting help from an expert can help you correctly understand your rights and obligations.
3. Reconsider Your Use of Social Media
Additionally, this might be a good opportunity to rethink your use of social media in the future. It is easy to share information, but there are legal responsibilities that come with it. Particularly when it involves someone else’s privacy, it needs to be handled with care. I also have past experiences where a light-hearted comment on social media led to unexpected trouble. Therefore, it is important to act cautiously moving forward.
In Conclusion
As you can see, statements made on social media can lead to more serious consequences than one might think. The anxieties and fears you are experiencing are not trivial, but by staying calm and seeking appropriate support, you can overcome them. I also believe there are lessons to be learned from this experience. That is why I hope to provide you with useful information through this blog. If any new issues arise in the future, please do not hesitate to consult those around you or professionals. Your future is something you must protect yourself.
