An expert panel of the Internal Affairs and Communications Ministry proposed Friday that the telephone numbers of people who have defamed others on the internet be added to information victims can demand from service operators.
The panel, which discusses measures for online defamation cases, made the proposal in a draft interim report. It aims to allow anonymous online defamers to be identified when victims demand that companies such as social media operators disclose their telephone numbers.
The proposed measure is expected to make it easier to identify people who have posted defamatory messages online, and the ministry plans to make the necessary revisions to its ordinance this summer at the earliest.
If victims of online defamation want to file lawsuits to demand compensation for damages, it is necessary to identify those who made the defamatory posts.
The procedures for identifying who is behind such posts are very complicated.
A victim first needs to file a lawsuit against social media companies or others under the Provider Liability Limitation Law. The law was enforced in 2002 due to an increase in reports of damage caused by online defamation. The law aims to clarify the range of internet service providers' liabilities regarding infringement of people's rights on the internet. At the same time, the law acknowledges the right to demand service providers disclose information in order to identify those whose posts have defamed or infringed on the rights of others online.
In the initial lawsuits, victims can obtain information about those who made the posts, such as their IP addresses.
In the next step, victims file lawsuits against mobile phone carriers or internet service providers based on information obtained through the initial suits. The victims demand the companies disclose the names and addresses of those who made the defamatory posts.
In many cases, both procedures need to be taken.
If defamers' telephone numbers are revealed in the initial lawsuits, victims can ask lawyers to make inquiries about names and addresses under the Attorney Law.
This will shorten the length of time for legal procedures, and can result in a speedy recovery of damages.
In the draft report, the panel also proposed creating a new lawsuit procedure under which courts will be able to judge and decide whether the information should be disclosed more quickly than it is now.
The panel will continue to discuss the design of related legal systems.
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