Defamation on social media is extremely common and continues to be a persistent social issue. There have even been cases where individuals were arrested for defamation after victims filed reports with the police. Many people have likely come across news about incidents related to defamation.
Here, we will introduce some actual cases of defamation on social media.
1. Examples of Defamation on Social Media
Defamation on social media is extremely common and continues to be a persistent social issue. There have even been cases where individuals were arrested for defamation after victims filed reports with the police. Many people have likely come across news about incidents related to defamation.
Here, we will introduce some actual cases of defamation on social media.
1.1. Defamation by an Unemployed Youth
On January 31, 2017, the Koga Police Station in Shiga Prefecture, Japan, arrested a 19-year-old unemployed youth from Bunkyo Ward, Tokyo, on suspicion of defamation. The victim was a high school boy living in Shiga Prefecture. From July 2015 to September 2016, the perpetrator had been posting defamatory comments about the boy on social media, alleging that he was “harassing female users and running away in fear.” After consulting with the police in September 2016, the high school boy left a suicide note the following day and took his own life. Following his son’s suicide, the boy’s father filed a report with the police, leading to an investigation. The perpetrator was eventually identified and admitted to the allegations.
1.2. Verbal Abuse Toward a Former Idol
In March 2020, the Tokyo Metropolitan Police Department sent documents to prosecutors accusing two women of insulting former idol Nozomi Kawasaki. The two women had posted abusive comments on a women’s information website called “Mama Stadium,” including statements such as “disgusting” and “hope you miscarry.”
Nozomi Kawasaki took legal action to identify the personal information of the perpetrators. She then filed both civil and criminal lawsuits against them. The two women reportedly said, “We thought we wouldn’t be caught because it was anonymous.” Due to their showing remorse, the criminal charges were dropped. As a result of the incident, the thread where the abusive comments were posted was also shut down.
1.3. Spreading False Information
There was an incident where a 25-year-old unemployed man was arrested on suspicion of defamation for spreading false information. Late at night on January 21, 2016, the perpetrator made a false post on Facebook claiming, “There was a piece of red glass mixed in the sushi I ate at the Kura Sushi Takamatsu Kamitenjin branch.”
In response to this allegation, Kura Sushi inspected their kitchen and confirmed that there were no red glass items among their equipment. The police and health department conducted an on-site investigation but found no evidence of contamination. It is believed that the man fabricated the post.
2. Examples of Defamation on Social Media Involving Celebrities
We will also explore examples of defamation on social media involving celebrities. Defamation targeting public figures can have serious impacts on their careers, and in some cases, a victim’s suicide has led to stricter penalties for the crime of insult.
Here, we will introduce five cases—let’s examine each one in detail.
2.1. Female Pro Wrestler Hana Kimura
In the early hours of May 23, 2020, female professional wrestler Hana Kimura took her own life after enduring defamation and harassment on social media. Hana had become the target of online abuse following her appearance on Fuji TV’s “Terrace House.” As a result of this incident, a man in his 20s from Osaka was arrested in 2020, and a man in his 30s from Fukui Prefecture was arrested in 2021.
Identifying perpetrators of defamation takes time and is never easy. The man in his 30s was arrested just before the statute of limitations for the crime of insult expired. Although the man in his 20s from Osaka was charged in a summary trial, the fine was only 9,000 JPY (approximately $85 USD). Due to the impact of this incident, the Ministry of Internal Affairs and Communications and the Ministry of Justice reviewed the laws related to the crime of insult, leading to stricter penalties with the enactment of the revised Penal Code in Japan in 2022.
2.2. Actress Fuka Haruna
Actress Fuka Haruna, known by the nickname “Harukaze-chan,” has also been a victim of defamation.
Fuka Haruna started using Twitter at the age of 9 and frequently expressed her opinions on social issues. This led to threats of bombings and murder from online users. In 2020, a man from Kobe posted comments such as “Her parents themselves are failures”. Fuka Haruna filed a lawsuit in the Yokohama District Court, and a settlement was reached where the perpetrator agreed to pay 3,154,000 yen (approximately $30,000 USD).
2.3. Comedian Smiley Kikuchi
Comedian Smiley Kikuchi endured over 20 years of defamation starting in 1998. The harassment was linked to the 1989 “Concrete-Encased High School Girl Murder Case.” Because he was from Adachi Ward, Tokyo, and was a minor at the time of the incident, false rumors spread accusing him of being one of the perpetrators.
Despite Smiley Kikuchi’s consistent denials of these baseless allegations, the harassment continued. People would say, “Where there’s smoke, there’s fire,” perpetuating the false narrative. He faced death threats, protests targeting his sponsors, and disruptions to his entertainment career. Initially, the police did not take his complaints seriously, but that changed in 2008.
In 2008, authorities arrested 18 individuals—men and women aged between 17 and 45—who had posted particularly malicious comments online. In addition to these arrests, the identities of many other offenders were revealed. Most of the perpetrators genuinely believed the false rumor that “Smiley Kikuchi was one of the perpetrators of the murder.”
Drawing from his painful experience, Smiley Kikuchi now gives lectures on cybercrime across the country, raising awareness about the impact of online defamation and harassment.
2.4. Chiemi Hori
TV personality Chiemi Hori, who has been battling tongue and oral cancer, has also been subjected to defamation. In 2019, a housewife in her 50s from Hokkaido was sent to prosecutors for posting comments like “Die” and “Disappear” online. In 2021, an unemployed woman from Nara City was also sent to prosecutors for repeatedly posting defamatory comments—159 times in total.
The women’s defenses were, “Everyone else was writing it” and “I just felt like it.” Since the comments on her blog were moderated before being published, the case did not fall under defamation or insult charges. Instead, the offenders were charged under Tokyo’s Public Nuisance Prevention Ordinance.
2.5. Toshiyuki Nishida
Actor Toshiyuki Nishida has also been a victim of online defamation. In May 2017, three individuals from Japan’s Chubu region—both men and women—were sent to prosecutors on suspicion of obstructing business by deception. They had written and posted false articles on blogs, falsely claiming that Nishida was using illegal drugs.
These perpetrators were earning between 500,000 and 600,000 yen (approximately $4,500 to $5,500 USD) per month from these defamatory online articles. Their motive for spreading these false claims was to “increase page views and boost advertising revenue.”
3. Crimes Involved in Defamation
Defamation, whether on social media or elsewhere, constitutes a crime.
Here are five types of crimes related to defamation:
1.Defamation (Libel) Crime
2.Credit Damage & Obstruction of Business Crime
3.Insult Crime
4.Threat Crime
5.Violation of the Public Nuisance Prevention Ordinance
Let’s explore each of these crimes to understand how defamation can be categorized under them.
3.1. Defamation (Libel) Crime
Article 230 of the Penal Code defines defamation as a crime that occurs when someone publicly reveals a fact that damages another person’s honor and lowers their social reputation. This applies to both “false facts” and “true facts.” For example, even if a rumor is true, if it severely harms someone’s reputation, it can still be punishable.
(Defamation)
Article 230 – Anyone who publicly reveals a fact and damages another person’s honor shall be subject to imprisonment or penal servitude for up to three years, or a fine of up to 500,000 JPY, regardless of whether the fact is true or false.
A person who defames a deceased individual shall not be punished unless the defamation involves the dissemination of false facts.
Source: Penal Code, Chapter 34 – Crimes Against Honor
However, there is an exception outlined in Article 230-2, stating that defamation does not apply if the act was conducted for the public good.
(Special Case for Matters of Public Interest)
Article 230-2 – If the act mentioned in the preceding paragraph pertains to matters of public interest and it is recognized that the purpose was solely for the public good, then defamation shall not be punishable if the fact is proven to be true.
Regarding the application of the preceding paragraph, facts concerning a criminal act by a person who has not yet been prosecuted shall be regarded as matters of public interest.
If the act in the preceding paragraph pertains to a fact involving a public official or a candidate for public office, defamation shall not be punishable if the fact is proven to be true.
Source: Penal Code, Chapter 34 – Crimes Against Honor
For example, exposing a politician’s involvement in corruption could fall under this exception. However, in cases involving private individuals or celebrities, this exception generally does not apply, and defamation laws would likely be enforced if they are slandered.
3.2. Credit Damage Crime & Obstruction of Business by Force
Defamation can cause economic losses to the victim, which may fall under the crimes of damage to reputation or obstruction of business.
Damage to Reputation under Article 233 of the Penal Code refers to harming someone’s credit by using deceitful methods to interfere with their business. This means damaging a person’s reputation and disrupting their business through lies or falsehood
(Credit Damage and Obstruction of Business)
Article 233 – A person who spreads false rumors or uses deceptive means to damage another person’s credit or interfere with their business shall be subject to imprisonment for up to three years or a fine of up to 500,000 yen.
Source: Penal Code, Chapter 35 – Crimes Against Credit and Business
Obstruction of Business by Force under Article 234 of the Penal Code refers to interfering with someone’s business through coercion or threats.
Persistent complaints or posting negative reviews on social media could constitute obstruction of business by force.
(Obstruction of Business by Force)
Article 234 –A person who interferes with someone’s business through coercion or threats shall be subject to the same penalties as in the previous article.
Source: Penal Code, Chapter 35 – Crimes Against Credit and Business
Regardless of whether the claims are true, such actions could likely constitute a crime under obstruction of business.
3.3. Insult Crime
Article 231 of the Penal Code defines insult as the crime of publicly insulting someone without presenting any facts.
(Insult)
Article 231 – A person who publicly insults another without providing any factual basis shall be subject to detention or a fine.
Source: Penal Code, Chapter 34 – Crimes Against Honor
Words like “idiot” or other offensive language fall under insults without factual support. Whether online or offline, if such insults are made in a place visible to many people, it is highly likely that an insult crime could be established.
3.4. Threat Crime
Threat crime is defined in Article 222 of the Penal Code.
Under criminal law, acts or words intended to instill fear in a victim can constitute a threat.
(Threats)
Article 222 –A person who threatens another by expressing intent to harm their life, body, freedom, honor, or property shall be subject to imprisonment for up to two years or a fine of up to 300,000 yen.
The same penalties apply to a person who threatens harm to the life, body, freedom, honor, or property of the victim’s relatives.
Source: Penal Code, Chapter 32 – Crimes of Threat
Statements like “I’ll kill you,” “I’ll hit you,” or “I’ll spread rumors about you” can be considered threats under this law. However, whether a threat constitutes a crime depends on the specific circumstances, so it’s essential to consult a professional for legal advice.
3.5. Violation of the Public Nuisance Prevention Ordinance
Although the name of this ordinance may vary by municipality, the Public Nuisance Prevention Ordinance can sometimes be applied to cases of defamation. If defamation is repeated, it may fall under “stalking behavior.” One characteristic of stalking behavior is that it covers a wide range of actions. While waiting to ambush someone in person is considered stalking, so are repeated posts targeting someone on social media.
In Chiemi Hori’s case, defamation charges were not applied; instead, the Public Nuisance Prevention Ordinance was used to address the issue.
4. Consultation Resources for Defamation on Social Media
If you are a victim of defamation on social media, it’s important to consult with an expert. Many people struggle with persistent verbal attacks, and it’s not easy to simply ignore such harassment.
For businesses, defamation can significantly damage brand image.
Here are three resources you can reach out to for help:
4.1. Police
If you experience defamation on social media, consider filing a report with the “Cybercrime Consultation Desk” located in each prefecture. Posts related to threats, sexual crimes, or drug-related offenses are more likely to receive a swift response. However, if the risk or criminal element is low, immediate action might be challenging. To ensure timely assistance, keep the following points in mind:
・Present all malicious posts as evidence.
・Provide proof that the content of the posts is false.
・If the defamation targets a company, executives or higher-level officials should consult with the police.
4.2. Lawyers
Lawyers can also assist in cases of defamation on social media. They can file requests for information disclosure to identify the perpetrator’s personal information and proceed with civil or criminal lawsuits. However, each lawyer has their own areas of expertise. To ensure smooth progress, it’s important to find a lawyer experienced in handling internet-related issues.
4.3. Specialized Response Agencies
If you are struggling with defamation on social media, consulting a specialized response agency is also recommended. These agencies use AI and tools to monitor online posts 24/7. If defamation occurs, they respond quickly, potentially minimizing the damage. Additionally, these agencies can often uncover the root cause of the problem. For businesses, defamation can harm brand image, so consider addressing the issue at its source for a more fundamental solution.
5. Consult Specialized Agencies for Internet Troubles
Despite being a significant issue, internet troubles have not disappeared. When considering countermeasures, it’s important to accurately understand the types of problems that can arise. The Ministry of Internal Affairs and Communications has compiled a collection of internet trouble cases to raise awareness. The following types of posts are particularly prone to causing serious issues:
・Photos from pranks that offend large audiences
・Posts with insensitive wording
・Posts that infringe on others’ rights or involve unauthorized reuse
Inappropriate photos or writings often lead to backlash (also known as flaming). Pay close attention to posts that infringe on others’ rights or involve unauthorized reuse. There are also users who, driven by a misguided sense of justice, persistently attack others. In most cases, defamation is the result of a small number of users, not the majority. However, if the situation escalates, it can affect both your work and personal life. Be cautious, as counterarguments can sometimes worsen the situation.
For internet-related troubles, it’s best to consider consulting specialized response agencies as early as possible.
