Tokyo, Nov. 10 (Jiji Press)–Tokyo District Court on Tuesday dismissed a lawsuit against U.S. social media giant Meta Platforms Inc. and its Japanese unit over fake ads that used a Japanese entrepreneur’s name and likeness without permission. Presiding Judge Naoyuki Iwai dismissed both entrepreneur Yusaku Maezawa’s request for an injunction and his claim for damages. While finding that the ads infringed Maezawa’s publicity rights, which protect the commercial value of celebrities, Iwai said that Meta “is merely a platform operator and is not directly involved in the posts.” The judge concluded that there was no risk of the fake ads being left unaddressed, given the corrective measures taken by the company, and that there was no need for an injunction. The ruling is believed to be the first judicial decision on whether fake ads impersonating celebrities infringe their rights. Speaking to reporters after the ruling, Maezawa’s lawyer expressed disappointment, calling the ruling “extremely disappointing.” “There is concern that this could create a society in which people are forced to suffer in silence,” the lawyer added, indicating that Maezawa is considering an appeal. According to the ruling, ads using Maezawa’s name and likeness without permission to promote bogus investment services had been posted on Facebook and Instagram, both operated by Meta, since at least around June 2023. Victims of investment fraud stemming from such fake ads have filed lawsuits in six district courts across Japan seeking damages from Meta and its Japanese unit. In October, Yokohama District Court dismissed a similar claim in the first ruling in the series of lawsuits. Meta has said it will continue its efforts to protect users of its services. END [Copyright The Jiji Press, Ltd.]
