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🌐 | The Doberman theft case is the same as the net slander and the root. Trouble caused by an excessive sense of justice ["Front and back ...


Even if the feeling of love for animals goes out of control ... (The photo is an image) / (C) FIFO

The Doberman theft case is the same as the net accusation and roots. Trouble caused by an excessive sense of justice ["Front and back ...

 
If you write the contents roughly
In addition, in the case of false accusation, it is often transmitted in connection with personal information specified by the so-called "specific group", and it seems that the sense of accomplishment and pleasure of revealing the secret is not a little supporting the transmission. increase.
 

[Legal knowledge of "front and back"] # 136 On May 2022, 5, Doberman from a certain house in Kisarazu City, Chiba Prefecture ... → Continue reading

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Wikipedia related words

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Outgoing from a small amount

Slander

Slander(Hibouchusho) is unfoundedAbusiveIt is an act that hurt others by saying[1][2][3].

Overview

Should be protectedCriticismAlthough it is easy to be confused with criticism, criticism is "judgment / evaluation of the other party's actions and claims, counterargument to the other party", and subjectively or objectively distinguishing between good points and bad points, judging / evaluating. Or, constructive suggestions and advice that should be fixed in this way.The blame is to point out the degree of failure, negligence, defects, etc. (without suggestive content such as advice) and blame it.[Annotation 1]Is[4][2][3].

Damage caused by accusation due to easy dissemination of hoaxesインターネットHas been expanding since the general spread ofhuman rightsIn question[5].. EspeciallyTwitter,Instagram,LINEAnd so on, from other countries that are deployed on the InternetSocial Networking Service (SNS)The problem is that businesses such as the above are ignoring even the police's request for disclosure for slander and arrest of murder threats.[6].

the term

"Slandering" is a word that combines "slandering" and "slandering."

  • "Slandling"-To say bad things to others. Procuring[7].
  • ``Slandering''-to hurt the honor of another person by saying something unfounded[8].

These two words may be expressed side by side as "slanders." "Slobbing" is a verb (StrangeIt can also be used as a "verb").

Slandering by the media

Legal aspect

Criminalally, in the case of false accusation against an individual, "Libel charges""Insult", For companies and organizations,"Credit damage and business disruptionIs applicable.On the other hand, in civil terms, damages and consolation fees based on tort may be claimed.For example, if you write a false accusation, you may get a compensation of hundreds of thousands of yen, and if you continue to write it relentlessly, you may get a compensation of 100 to 200 million yen.Also, in the case of false accusation such as "die", "I wish I should die", and "disappear", "Suicide incitementIs applicable.If you name or post a false accusation such as "busy", "fat", or "old" about the other person's appearance in the comment section of the other person's SNS, you may be held liable.

Even if it is called criticism or criticism, it is the basis itselfdefectIf there is, if the criticism is too high, or if the content is objective and should not be threatened or criticized (such as a negative indication of appearance), it was prosecuted. Occasionally charged with intimidation[2].

Slander visualized on the Internet

インターネットWriting onAnonymousThey are more motivated and easier to express their opinions than other media. This may lead to acts such as carelessly writing a message containing slander or defamation on a bulletin board or a home page without considering the feeling of the reader.

Not only when these actions are incorrect, even if they are trueLibelIs an act that can be established. About slander on the netJapanese policeThe number of damage consultations sent to2001/2267 cases,2006/Has increased 3.5 times to 8037, and the damage is increasing rapidly year by year. Some of the victims are in emotional distresssuicide・Some people attempt suicide. In many cases, the caller cannot be identified.

On the other hand, there are cases in which compensation was made after the sender was specified. Of the actress in 2020Spring flowersHaruna announced that the person who slandered her and her parents agreed to pay a settlement fee of about 300 million yen to Haruna.[9][10].

Measures/impact on slanderous slander on SNS

2020/May 4, Ministry of Internal Affairs and CommunicationsDisclosure of personal information of the person who posted slander on the InternetProvider Liability Limitation LawThe first meeting of a study group (a study group on the ideal way of disclosing sender information) was held[11].. The Ministry of Internal Affairs and Communications indicated that it plans to compile an interim report by the summer of the same year.[12].

Movement after the death of Hana Kimura

Fuji Television Network, IncOf seriesReality show"Terraced HouseWas appearing inProfessional wrestler OfKimura flower 2020/May 5In response to being criticized and slandered through SNS etc. based on the contents of the broadcastMinister of Internal Affairs and Communications-Sanae Takaichi TheMay 5At the press conference, he said, "As a person, the act of slandering anonymity is cowardly and unforgivable." Showed the intention to carry it out[13][14].. Also on the same day,LINEAnd TwitterSocial MediaCreated by businessSocial media use environment maintenance mechanism TheUrgent statementAnnounced and harassed on SNSLibelIt was stipulated in the Terms of Use as a prohibited matter, and if such behavior was understood, it was decided to take thorough measures such as suspension of use. If required by law to disclose information, we will provide necessary information within an appropriate range. PMDA has set up a special committee to consider further measures.[15]..In addition, the account that wrote slander to Kimura on SNS has been deleted one after another after Kimura's death.[16].

At the press conference on the 25thChief Cabinet Secretary-Yoshii KanAbout the information disclosure of the caller over slander on the InternetProvider Liability Limitation LawCiting what is stipulated inMinistry of Internal Affairs and CommunicationsHas started discussions since last month. Based on that, we will take appropriate measures." There is a view that this statement is related to Kimura's death and slandering slander to Kimura on the SNS, and the opposition party side as well.Constitutional Democratic PartyDiet Countermeasure ChairmanAtsushi AzumiSaid to the reporters in the Diet that "anonymous, slanderous slander can hurt many people and lead to life-threatening situations."[17].

In response to this news, federated SNS ·MastodonIn Japan, "msdtn.jp", which is the second largest instance in Japan, and "mastodon.cloud", which is the third largest instance in the same company (operated by the joint venture decentralized social network organization), will continue to file lawsuits and disclosure requests against slander on the Internet. It is expected that it will become more general and that government agencies will give instructions to strengthen responses and strengthen legislation.2020/May 6Announced that it will end the service. The reason for the closure is that it was judged that it was difficult to take appropriate measures due to the increased administrative burden.[11][18].

In December, it was revealed that a man will be sent documents on Twitter for insulting postings that slander Kimura.[19]..The content of the slander was "Is it worth living?" "When will I die?", All of which were in the form of a reply to Kimura on Twitter.[20].

In response to this incident, in June 2022InsultToImprisonmentIntroduced orLegal sentenceAmendment to raise the upper limit ofCriminal lawWas passed and passed[21].

Finger murder

South KoreaThen, there is a slang term "finger murder" that indicates that a celebrity who is particularly likely to be the target of slander is written on SNS and is driven to death.Malicious writing has this term because it is easy to operate the keyboard of a computer or a mobile phone with a "finger".[22]..In addition, the word "evil pull", which means a malicious reply, is also well established.[23].

Case of detection

In many cases, the responsibility of the caller was questioned.Smiley Kikuchi Schoolgirl concrete murder case19 of the 7 men and women who wrote slanderous comments in the comment section of the blog on the assumption that they were involved inLibelIn doubtDocument inspectionHas been (Smiley Kikuchi trauma damage case).In addition, there are lawyers who state that "those who agree with slander must also pay a compensation fee."[24]..Regarding the posting of slander on Twitter, it has been clarified that the man will be sent documents on suspicion of insulting posting content that slander Kimura Hana as mentioned above.[19].

Proceedings hurdle

In the article in 2020, a lawyer who is familiar with slanderous cases on the Internet said, "It takes about two years to identify the other party and finish the trial." "Even if you win the trial, the amount of damages should be 2 million yen. By the way, it costs hundreds of thousands of yen for legal fees. "" In reality, there are many cases where people who are unemployed and incapable of paying or underage write, and there are many cases where damages cannot be recovered. " Considering that you can register an anonymous account for free and write as many slanderous injuries as you like in a matter of seconds, the legal system is too unbalanced and unfair. "[25].

Awareness survey / analysis

There are the following reports as an awareness survey on the damage and harm of false accusation on the Internet.

  • In 2013Japanese regulations informationIn a questionnaire survey conducted on 1721 people (676 men and 1045 women), more than 70% of the respondents answered that they had seen accusation, and those who wrote that they had written accusation. Was 3%[26].
  • In 2020NTT DoCoMoIn a questionnaire survey of 13 smartphone owners aged 18 to 200 years old, 14% (9% of girls and 19% of boys) answered that they had been accusated on SNS. 28% of respondents said they had posted criticisms or complaints about others.[27].
  • In a questionnaire survey conducted by NEXER (Japan Trend Research) in 2020 on 1252 SNS / online bulletin board users, 14.5% of the respondents answered that they had written criticisms or bad words (of which 21.4% answered that they were false accusations). XNUMX%)[28].
  • In 2020Nippon FoundationIn a questionnaire survey conducted by 17 people aged 19 to 1000 (500 men and 500 women) on the theme of SNS, 12% of the respondents answered that they had been accusated, and the grounds are weak. 5.2% of respondents said they had written criticisms or slander.[29].
  • In 2020Big robeIn a questionnaire survey of 20 people in their 60s and 1000s, 770% of the 4.5 SNS users answered that they had been accusated by SNS, and "occasionally". Was 13%, "common" was 20%, and "occasional" was 10% in the 18.9s, which was the most common.[30]..In addition, 7% of the respondents answered that they had accusation to the general public, and 6.3% answered that they had accusation to celebrities.
  • In 2022Lawyer dot comが一般会員1355人(男性792人、女性551人、その他12人)を対象に実施したアンケート調査では、誹謗中傷の被害を受けたことがあると回答した者は43.8%、誹謗中傷をしたことがあると回答した者は13%(うち24.4%が50代男性、22.7%が40代男性)であった[31].

The Nippon Foundation survey (2020) responded that the crackdown on false accusation on SNS should be tightened and that legislation should be put in place.[29], Big Lobe Survey (2020)[30]And Bengo2022.com Survey (XNUMX)[31]So, all of them went up to around 8%.

On the netAlthough there are multiple research reports on the participation rate in, the number of users who make radical discourses, piggyback criticisms, and multiple writings is only about 0.5% to 1% of Internet users in many reports. It is also reported that a small number of users have posted a large number of posts to form "net public opinion" on fire.[32].

Opinions on those who are likely to be perpetrators vary among experts, but "low-income people who have time and have a grudge against society, such as those who are unemployed or on leave" (Mitsuteru Tashiro・ Akira Hattori "Information Ethics" 2013)[33], "Although there are various attributes and social positions, there are many people who are free and inferior in common" (Ken Ogiso, 2021)[34]There is such a thing.A lawyer who handles false accusation casesYohei Shimizu"Although there are a few men, many women have a considerable number of accusations, and many of them have low annual income and are not stable, such as not having a regular job, and many have mental illness."[33].. on the other hand,EconometricsPerson ofTatsuo TanakaとShinichi YamaguchiFrom the data analysis of the participants on the internet, the attributes such as "male", "young", "living with children", "high annual income", "radio usage time", and "social media usage time" are statisticallySignificantShown[35]Also, Yamaguchi shows that there are many people in the chief / chief class or above (31% for burning participants, 18% for non-participants).[36]..Hiroko Yoshino, a sociologist, commented on the gap between these reports: "Participants at the level of having posted about the flames and participants who are doing malicious accusation that forces victims to take legal action. It is thought that it is different from the person. "[33].

More informations

ColumnistKatsuyuki BitoIs an American sociologistPeter saloveyCited the paper, explaining that accusation is caused by envy.[37].

footnote

[How to use footnotes]

注 釈

  1. ^ Unlike criticism, criticism does not include suggestive content such as why it is a problem and how it can be improved.In some cases, what is pointed out as a problem is not actually a problem, but is merely a belief of the person who pointed out.

Source

  1. ^ Digital Daijisen. “What is slanderous defamation”(Japanese). Koto bank. 2020/5/27Browse.
  2. ^ a b c "What is the difference between "slandering" and "criticism"?"Line drawing" and a solution to eliminate malicious posts (ENCOUNT) asked by a legal expert”(Japanese). ENCOUNTs. 2021/12/15Browse.
  3. ^ a b "A manga explaining "the difference between criticism and slander" became a hot topic on Twitter (posted March 2016, 3)”(Japanese). Livedoor news. 2021/1/23Browse.
  4. ^ "What is the difference between "criticism" and "blame"? The latter only points out shortcomings”(Japanese). Livedoor news. 2021/1/23Browse.
  5. ^ "The great price of slander on the net that can not be done with conscience”(Japanese). Security communication. 2020/5/27Browse.
  6. ^ "Internet slander (Jiji Press) that is left unattended even with the revision of the Provider Law”(Japanese). Jiji dot com news. 2021/12/15Browse.
  7. ^ "What is a slander”(Japanese). Koto bank. 2020/5/27Browse.
  8. ^ "What is defamation”(Japanese). Koto bank. 2020/5/27Browse.
  9. ^ Aya Deguchi (July 2020, 7). "Fuka Haruna concludes an agreement with the contributor of "Internet slandering". Consent fee: 315 yen". Lawyer dot com. originalArchived as of October 2020, 7.. https://web.archive.org/web/20200720020605/https://www.bengo4.com/c_23/n_11484/ 2020/7/20Browse. 
  10. ^ “Fuka Haruna talks with the detractor and withdraws criminal charges”. Asahi Shimbun(July 2020, 7). https://www.asahi.com/articles/ASN7N5S6TN7NUTIL01L.html 2020/7/20Browse. 
  11. ^ a b "SNS “mstdn.jp” decides that it cannot withstand the increased administrative burden of dealing with slander and slander and will close on June 6 (Shuji Shinohara)-Yahoo! News”(Japanese). Yahoo! News Individual. 2020/5/27Browse.
  12. ^ "Ministry of Internal Affairs and Communications | Holding of "Study Group on Ideal Disclosure of Sender Information"”(Japanese). Ministry of Internal Affairs and Communications. 2020/5/27Browse.
  13. ^ "Net slander "Correspondence by system revision" Takashi General Affairs Minister, "Teraha" Kimura dies: Jiji Dotcom”(Japanese). Current affairs dot com. 2020/5/26Browse.
  14. ^ "Internet slander and simplification of identifying the contributor Takaichi, Minister of Internal Affairs and Communications: Asahi Shimbun Digital”(Japanese). Asahi Shimbun digital. 2020/5/26Browse.
  15. ^ "SNS operator makes an urgent statement after Hana Kimura's death". TBS NEWS. 2020/5/27Browse.
  16. ^ "Hana Kimura's slanderous account deleted one after another after death --Pro-wrestling: Nikkan Sports”(Japanese). nikkansports.com. 2020/5/27Browse.
  17. ^ "Net slanders, "appropriate response" Chief Cabinet Secretary: Jiji Dotcom”(Japanese). Current affairs dot com. 2020/5/27Browse.
  18. ^ "mstdn.jp Information [Official] (@mstdn_jp@mstdn.jp)”(Japanese). mstdn.jp. 2020/5/27Browse.
  19. ^ a b "Hana Kimura slandered, posted by a man in his twenties to a document inspection, suspected of insult-Metropolitan Police Department: Jiji.com”(Japanese). Current affairs dot com. 2020/12/16Browse.
  20. ^ "[Original] "Teraha" Hana Kimura commits suicide, "When will you die?" To send documents to a slandered man: Society: News”(Japanese). Yomiuri Shimbun Online (September 2020, 12). 2020/12/16Browse.
  21. ^ "Severe punishment for insults, revised criminal law enacted "imprisonment" established". Newsletter (September 2022, 6). 2022/6/13Browse.
  22. ^ INC, SANKEI DIGITAL (January 2020, 5). “"Cyberbullying" "Finger murder" There are also voices calling for the development of problematic methods in the world”(Japanese). SankeiBiz. 2022/1/9Browse.
  23. ^ "Hara's sacrifice "finger murder" "evil pull" The darkness of South Korea, the slanderous "net powerhouse" that drove him to death --Sponichi Annex Entertainment”(Japanese). Sponichi Annex. 2022/1/9Browse.
  24. ^ "Do you pay a solitude just for agreeing to write on the net?""Legal counseling service』(NTV series) (Retrieved December 2015, 12)
  25. ^ Internet slander What I want people who think "I will appeal to you" to know Hyundai Business 2020.06.02 (viewed September 2020, 9)
  26. ^ "More than 70% of the people who "have seen the writing of false accusation" and about 3% of the users experienced "writing of false accusation by themselves", and about half of the users are aware of the method of reporting and reporting damage.”. Japanese Law Information (December 2013, 12). 2022/3/16Browse.
  27. ^ "There is also a risk that personal information will be identified! More than 4% of junior and senior high school students "post their faces and uniforms on SNS" slander in class chat, criticize others on SNS and complain, earn pocket money on flea market ... parents do not know, "Net trouble" risk for junior and senior high school students”. NTT DoCoMo (September 2020, 3). 2022/3/16Browse.
  28. ^ "14.5% of the respondents have written criticisms or slander”. Japan Trend Research (June 2020, 6). 2022/3/16Browse.
  29. ^ a b "The 18th Theme of The Nippon Foundation "28-year-old Awareness Survey": About SNS”. The Nippon Foundation (December 2020, 7). 2022/3/16Browse.
  30. ^ a b "Penalties for accusation on SNS "should be strengthened" over 8% / BIGLOBE announces the second "Stress in the Corona Era"”. Big Robe (August 2020, 8). 2022/3/16Browse.
  31. ^ a b "More than 5% of the perpetrators of false accusation "I thought it was a legitimate criticism / commentary" Investigated by BengoXNUMX.com”. Bengo2022.com (May 3, 9). 2022/3/16Browse.
  32. ^ "Part 1 Chapter 1 Section 4 3 (1) Who is in the flames' "White Paper on Information and Communication for the First Year of Reiwa"Ministry of Internal Affairs and Communications, 2019.https://www.soumu.go.jp/johotsusintokei/whitepaper/ja/r01/html/nd114310.html. 
  33. ^ a b c Hiroko Yoshino (2018), “1.3.2 Who is participating and why”, A study of the media environment that creates online flames and the characteristics of the participants in flames, pp. 19-20, NDLJP:11167888 
  34. ^ Ken Ogiso "In order not to lose to the SNS "accusation""National Life," No. 110, National Consumer Affairs Center of Japan, October 2021, pp. 10-5.
  35. ^ Shinichi Yamaguchi (2016). “Research on online flames: "Classification / Cases of flames and attributes of participants in flames"". 2022/3/16Browse.
  36. ^ "Astonishing fact that participants on the Internet are "actually high income"". 東洋 経 済 オ ン ラ イ ン.Toyo Keizai Inc. (December 2020, 10). 2022/3/16Browse.
  37. ^ Why can't people stop "bad talk"? (Otonanser).Retrieved February 2021, 10.

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