Tokyo, Sept. 29 (Jiji Press)–Japan’s Justice Ministry is set to launch a study group to discuss raising damages for online defamation and other measures to address the growing problem of infringements of personal rights on social media, Justice Minister Takashi Yamashita suggested Tuesday. The study group, which will hold its first meeting Wednesday, is also expected to discuss relevant provisions of the Civil Code, including requirements for seeking injunctions and the statute of limitations for claims for damages over torts against minors. “We will examine from various perspectives what measures can be taken through the legal system, in light of actual court decisions,” Yamashita said at a press conference. Article 709 of the Civil Code stipulates that “a person that has intentionally or negligently infringed the rights or legally protected interests of another person is liable to compensate for damage resulting in consequence.” This provision has not changed significantly since the Civil Code was enacted in 1896, according to the ministry. In recent years, violations of personal rights, including portrait rights and voice rights, on the internet have become a problem. However, critics have said that victims are not adequately compensated, as damages awarded in lawsuits are often low compared with the harm suffered. Typically, compensation for pain and suffering is determined at the court’s discretion based on past court decisions. The study group will consider explicitly stipulating in the law factors to be taken into account, such as the nature of the harm and the seriousness of the conduct. Meanwhile, the Civil Code has no provision on injunctions to prevent violations of personal rights, making it unclear under what circumstances they can be sought. The group is expected to examine the requirements for seeking injunctions against violations of personal rights in light of court precedents, as well as the protection of personal rights after death. The study group will also discuss the statute of limitations for claims for damages over unlawful acts against minors. The statute of limitations for claims for damages resulting from harm to life or body is five years. However, minors who suffer sexual abuse often need a significant amount of time before they are able to speak out about what happened. The group is expected to discuss the issue with reference to a 2023 revision to the Code of Criminal Procedure, under which the period before a victim of a sexual crime reaches adulthood is not counted toward the statute of limitations. The study group consists of 10 members, including civil law experts, lawyers and judges, and is chaired by Waseda University professor Keizo Yamamoto. The group will meet about once a month. The ministry plans to consult the Legislative Council, which advises the justice minister, once the study group reaches a consensus. END [Copyright The Jiji Press, Ltd.]
