What is Online Defamation?
Posts on social media, forums, and review sites that lower an individual's or company's social reputation may constitute defamation (Criminal Code Art. 230) or insult (Art. 231) under Japanese law.
Sender Disclosure Request Overview
The sender disclosure request (Provider Liability Limitation Act Art. 5) is the legal procedure to identify anonymous posters.
2022 Reform
The October 2022 reform streamlined the process from two stages to a single court proceeding, reducing the timeline from 1-2 years to approximately 6 months to 1 year.
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Try for free →Typical Damages Awarded
- Individual defamation: ¥300K-1M
- Corporate reputation damage: ¥500K-3M
- Sexual content: ¥1M-2M
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Legal Fee Insurance: When It Covers Defamation Cases
Attorney fees for disclosure requests can be substantial. Legal fee insurance (弁護士費用特約) may cover most of the cost in some cases.
Types of Insurance to Check
- Auto insurance rider: Many auto insurance policies include a legal fee rider that extends beyond traffic accidents to general legal disputes
- Standalone legal fee insurance: Monthly premiums of a few thousand yen may cover online defamation claims
- Internet trouble insurance: Specialized plans covering cyberbullying and personal data exposure, including disclosure request costs
Key Points
- Coverage scope varies significantly by insurer
- Pre-approval from the insurer is usually required before retaining counsel
- Coverage limits typically range from ¥1M to ¥3M
- Check existing policies (auto, home, health) — you may already have coverage attached
What You Can Do Without an Attorney
Not every step requires legal representation.
Self-Help Procedures
Transmission prevention requests (deletion requests) can be filed directly by the victim. The Ministry of Internal Affairs and Communications publishes a standard form (送信防止措置依頼書) that individuals can complete and send to site operators without an attorney.
Search result removal requests (Google, etc.) can also be submitted via each platform's online removal request form at no cost.
When an Attorney Is Strongly Recommended
- Disclosure order application to the court: Drafting and filing petitions, negotiating with providers
- ISP subscriber information disclosure: Requires technical and legal expertise
- Damages litigation: Evidence gathering, legal arguments, trial representation
If cost is a barrier, Japan Legal Support Center (Houterasu / 法テラス) offers attorney fee advances for those meeting income criteria.
Required Documents for a Disclosure Order Application
When filing a disclosure order petition with the court, prepare the following:
| Document | Details |
|---|---|
| Petition (申立書) | Applicant's name/address, respondent (site operator or ISP), specific information sought, description of rights violated |
| Evidence (screenshots) | Screen captures showing the post, including URL, timestamp, and username |
| Affidavit (陳述書) | Written statement explaining how your rights were violated; describe specific harms (emotional distress, business damage, etc.) |
| Corporate certificate | If applicant is a company, certified copy of commercial register |
| Court filing fee | Revenue stamps (typically a few thousand yen, varies by court) |
| Postal stamps | For court correspondence |
| URL list | List of URLs for all posts subject to the disclosure request |
Application Process
- Submit documents to the competent district court (based on applicant's or respondent's address)
- Court sends inquiry to the respondent (site operator) for written comments
- Court issues ruling — if granted, disclosure is ordered
- Use the disclosed information to proceed to ISP disclosure or damages claim