The "Revised Provider Liability Limitation Law", which creates a new court procedure, was passed and passed at the House of Councilors plenary session on the 21st so that the person who posted the slander or slander can be quickly identified on SNS.
Under this law, in order to prevent damage caused by slander and slander on SNS, we will create a new court procedure to promptly disclose information about the person who posted it.
When the victim files a complaint to identify the person who posted it, it is currently a problem that it takes time because it requires a trial procedure for each of the SNS operating company and the connection company used by the poster. I did.
The amendment will allow the court to decide whether to disclose the poster's information based on the victim's complaint and issue an order to the SNS operator or connection company.
In addition, it will be possible to prohibit the connection company from erasing the information in advance so that the communication record of the poster will not be deleted before ordering the disclosure of the information.
Hana Kimura, a professional wrestler who appeared on a Fuji TV program, committed suicide while suffering slander and slander.
Hana Kimura's mother Kyoko "Expectations for further revisions"
Hana Kimura's mother, Kyoko, commented on the revision of the law.
In this, Kyoko said, "I think this revision of the law is a big step toward the prompt relief of victims of slander. I would like to express my sincere gratitude to everyone who made an effort."
On the other hand, "I don't think it's enough to help the victims. It can be said that the mental and financial burdens on the victims are still heavy. Currently, until legal relief is received. The hurdles are extremely high and time consuming. While seeking legal remedies, the injuries are repeated one after another, and the first legal remedy sought effectively rescues the victim. It may not be the case. I look forward to further revisions such as stricter punishment for insults, mandatory cooperation with SNS operators, and creation of penalties. "
The blogger is Haruka Ito "Still the first step"
Blogger Haruka Ito, 35, said that while suffering from slander on the Internet, professional wrestler Hana Kimura died last May and decided to take legal action against the poster to stop crying. I will.
Since June last year, more than 200 posts have been filed for provisional disposition and trials to identify the poster.
Mr. Haruka said, "I'm doing a job that puts out a private life in public, so it's natural that there are bad opinions about it, and I thought it was my job to accept it. People who do it have become a community on SNS and anonymous bulletin boards and started to harass them on a daily basis. I took a commemorative photo in front of my house and posted it on the net, and I abused my child with hash tags and anonymous bulletin boards. The "Child Abuse Report Festival" was held, and the police and the child counseling office actually came to my house twice. There was an opportunity to actually threaten my life, not just the damage on the Internet. Since there were many times, I decided to appeal to the court with the meaning of deterrence. "
He also said, "At the moment, the victims are not good enough, and I am very grateful for the revision of the law, but I feel that it is still the first step. , I have to file a lawsuit at my own expense. The burden on the victim may be too great. "
More than 900 IT industry group deletion requests in half a year
In June of last year (2020), the Safer Internet Association, in which 20 IT companies participate, set up the "Slander Hotline" to ask the SNS operating company to remove slander and slander after consulting with the victims.
In the six months to December last year, 973 posts were requested to be deleted, of which 87%, or 836, were deleted.
Some of the photos posted on SNS were abused and spoofed on another SNS, and some were insulted, and some were spoofed and wrote lies such as "I was infected with corona". about it.
In addition, this organization has compiled a response guideline for SNS operating companies and encourages the disclosure of information on the person who posted it without taking the procedure of trial in cases where it can be clearly judged that it is a slander or slander.
Mr. Shou Yoshida, Managing Director of the Safer Internet Association, said, "In order to protect freedom of expression, it is important for the SNS operating company to respond autonomously. I want to make it possible to respond to consultations from the operating company. "
Correspondence of SNS operating company
Even among SNS operating companies, there is a movement to prevent slander and slander by introducing a function that limits the people who can write to posts and the content of writing.
Of these, Facebook is an SNS "Instagram" with 33 million domestic users and many anonymous users, and if the written comments include words set by the user such as words that lead to slander. It has a function to hide it and a function to limit the number of people who can write comments on their posts.
In addition, AI = artificial intelligence has introduced a function to notify you to reconsider when you try to write a comment that may be offensive in some languages such as English, and we plan to introduce it for Japanese in the future. It is said that.
Regarding this law, Facebook said, "We will respond to the revised regulations. User safety is the most important issue, and we will continue to cooperate with the government and industry to consider effective solutions to deal with it. I will continue. "
In addition, Twitter is conducting a demonstration experiment of the function to notify you to reconsider before posting a comment suspected of slander or slander in the English version, but the correspondence in the Japanese version is undecided.
Regarding this law, Twitter said, "We are striving for appropriate operations in accordance with the legal systems of each country and our own rules. Even after the revision of the law, we will continue to respond promptly to formal inquiries from investigative agencies. ".
Lawyer "Site administrator cooperation is essential"
According to Tomohiro Kanda, a lawyer who is familiar with the problem of slander on the Internet and is involved in many trials for identifying posters and compensating for damages, Hana Kimura, a professional wrestler who appeared on a Fuji TV program last May, is on SNS. The number of consultations increased sharply after he committed himself while suffering from slander and slander.
Attorney Kanda said, "I'm not the one who wrote the bad words, but I'm worried that what I wrote may be bad words, I may be sued, or I wrote something illegal. The number of people has increased so much. It can be said that the general public casually wrote various things in the wake of the incident, but in fact they began to realize that what they were writing was illegal. "
The number of consultations received by Kanda is that the number of consultations per month has increased from five to ten times.
Regarding this revision of the law, Kanda said, "In the past, it was designed in two stages to identify the poster, but it can be done in one stage. The procedure flow is not much different, but it is a little easier. It is possible that the procedure will be easier. "
According to Kanda, it took six months to one year to identify the poster, but the new system will allow even overseas businesses to easily call. , Is expected to be faster.
In addition, the cost was 400,000 to 600,000 yen so far, but it may be reduced to half.
Kanda said, "The important thing in the procedure is for the site administrator to find out which connection provider is being used and inform the court. For the new system to work, site management The cooperation of the people is indispensable. "