Question from a reader:
Is it possible to request disclosure regarding defamation aimed at a group rather than a specific individual online? For example, expressions like “Otaku are…” “Women are…” “Foreigners are…”. If it is possible, can anyone who fits into that group make a disclosure request?

The Possibility of Disclosure Requests for Defamation Against Groups

Hello everyone. Today, I would
like to discuss a somewhat difficult topic, namely defamation on the internet. Specifically, I want to focus on the legal aspects when attacking a group with expressions like “Otaku are…”, “Women are…”, and “Foreigners are…”, rather than targeting a specific individual. This topic is quite complex, even for someone like me who works in the entertainment industry.

Definition of Defamation and Legal Background

First, let’s clarify what defamation is. Legally, defamation refers to actions that harm another person’s reputation. Specifically, it includes stating false facts or expressing biased opinions. In Japan’s defamation law, defamation is applicable not only to individuals but also to corporations and groups.

I often hear and see various things in the comedy and entertainment industry, and online group attacks are indeed a real phenomenon. With the proliferation of social media, we have entered an era where anyone can easily express their opinions. As a result, defamation specifically targeting certain groups is frequently observed.

Is it Possible to Request Disclosure for Defamation Against a Group?

Now, let’s get to the main topic. If there is defamation against a group rather than a specific individual, is it possible to request disclosure? To put it simply, it depends on the circumstances.

Under Japanese law, if the victim of defamation is not a specific individual but the content is public, a disclosure request can be made. However, there are several conditions that must be met to make a disclosure request for defamation against a group.

1. Definition of the Group and Identification of Its Members

First, what constitutes a group? Generally, it refers to people who share specific attributes or characteristics. For example, categories like “Otaku,” “Women,” and “Foreigners.” However, it is difficult for all individuals belonging to these groups to simultaneously make a disclosure request. This is because each member must prove how they were harmed.

For instance, let’s say there was a post on social media stating, “Otaku are criminals.” In this case, individuals belonging to the group of Otaku can request disclosure, but they must demonstrate how their reputation was harmed by that expression. If there are specific examples, it would strengthen their claims.

2. Procedures for Disclosure Requests

To make a disclosure request, it is generally common to do so through a lawyer. A lawyer will gather evidence and prepare the request from a legal standpoint. During this process, capturing the actual statements or posts and collecting relevant information is crucial.

I have a friend, a young woman aspiring to be a comedian, who was deeply hurt by a post on social media stating, “Women can’t be funny,” and began considering a disclosure request. She consulted a lawyer and explained her experiences and feelings in detail. Ultimately, the lawyer, understanding her feelings and situation, supported her in making the disclosure request.

3. Success of the Disclosure Request and Subsequent Actions

If the disclosure request is successful, you can obtain the information of the person who made the statement. However, what is important here is the subsequent response. How the victim of defamation chooses to act against the person who made the statement is crucial. Depending on the situation, they may consider seeking damages or taking further legal action.

However, actually making a disclosure request is not easy and comes with risks. Taking action against online defamation can be a significant source of stress for many people.

Concluding Thoughts

While it is possible to make a disclosure request for defamation against a group, it is essential to consider each case carefully. Having experience in the entertainment industry, I understand the complex feelings many people have regarding this issue. The emotions of individuals belonging to a specific group can be very complicated, and it cannot simply be said that “making a disclosure request will solve everything.”

Ultimately, how one feels about defamation and how they choose to act is influenced by their individual values and experiences. It is important to think carefully about how you feel and how you want to proceed. The online world is a convenient yet risky place. I will continue to stay interested in and think about this issue.

If you have any comments or opinions on such topics, please feel free to share. Your experiences and opinions are also an important part of the conversation.