Question from a reader:
My boyfriend has naked photos of his cheating partner on his smartphone, and I took a picture of them as evidence, but I showed them to a friend. I found out that this might be considered defamation. Is there a possibility that I could get in trouble?

Cheating and Defamation: Considering Your Situation

There were naked photos
of my boyfriend’s cheating partner on his smartphone. The shock is immeasurable. I took those photos as evidence and showed them to a friend. This raised a little doubt in my mind: “Could this be considered defamation?” Today, I want to explore this question from a legal perspective.

What is Defamation?

First, let’s review what defamation is. Defamation refers to acts that harm another person’s reputation. Generally, this includes spreading false information or making insulting statements. According to Article 230 of the Japanese Penal Code, “Anyone who insults another person shall be subject to detention or a fine.” In short, harming someone else’s reputation carries legal risks. Now, what about your case? Does showing your boyfriend’s cheating partner’s photo to a friend potentially fall under defamation? To apply the law, several factors need to be considered.

Risks of Showing to a Friend

Whether showing the photo to a friend constitutes defamation depends on several factors. First, to what extent was the reputation of the cheating partner harmed? If that person holds a high social status, the likelihood of defamation increases. On the other hand, if they are an ordinary person, the risk might be somewhat lower. Next, your intention in showing the photo is crucial. Were you planning to tell your friend, “This person is cheating!” or was it merely out of surprise or venting? The more malicious the intent, the easier it is to meet the criteria for defamation.

Your Feelings and the Law

Here, I want to express my personal opinion. When emotions are involved, it becomes difficult to make calm judgments. As someone who has been cheated on, you are likely feeling a whirlwind of anger and sadness. You might also have feelings of regret about showing it to others due to those emotions. If I were in the same position, I might have avoided showing it to friends. While I understand the emotions, considering that they can create legal risks, it is necessary to be cautious.

Is There a Possibility of Getting in Trouble?

To conclude, the possibility of you getting in trouble is likely low. However, everything depends on the situation. If the cheating partner were to take legal action against you, there is a possibility that it could be considered defamation. However, whether or not they actually decide to sue is another matter. Defamation requires a court’s judgment, so it is not a trivial issue. That said, whether the cheating partner is willing to sue you is also a significant point. In many cases, the cheating partner may not want to get involved and would prefer to avoid troublesome situations.

Future Actions and Considerations

Given this situation, how should you act? First, it is important to remain calm and think about your next steps. If you regret showing it to your friend, I recommend apologizing to them. You may not know how they received your actions, but if you want to avoid escalating the situation, it is necessary to sort out your emotions. Additionally, you should consider what to do about your relationship with the cheating partner and your boyfriend. Ultimately, I believe it is important to think about your own happiness. Moving forward, you may need to find ways to express your emotions differently. Instead of showing it to friends, talking to someone you trust can help you sort through your feelings.

Summary

The experience of being cheated on is incredibly painful, and it is understandable to feel heightened emotions. However, from a legal perspective, it is important to remember that there are risks of defamation involved. While the possibility of getting in trouble may be low, it is crucial to act without being swayed by emotions in the future. By valuing your feelings while handling the situation cautiously, I believe it will ultimately lead to your own happiness. Let’s learn about the law while also taking the time to sort out our hearts. I sincerely wish for your happiness.