Case in which 2ch was sued after the establishment of the Japanese section 230 (2)

However, it is this very statement that the court made which seems as if the judgment contradicts with the new law that was implemented. The new law makes it clear that unless there is enough evidence that makes it apparent that contents posted were infringing or defamatory, the service providers are not at all responsible for the posts on the website. However, in this case, merely receiving the e-mail from the publishers does not provide enough evidence for the owner of 2ch to believe that the content is actually infringing the rights of the publishers, and thus, 2ch is not responsible for the posts. By ruling that 2ch should have deleted the posts immediately, the court is making a judgment which seems to contradict the new law in practice.

Furthermore, because the 2ch is held responsible for the posts the moment it receives the e-mail requesting the removal of infringing material from the publishers, the court is assuming that sufficient evidence (to believe that the posts are infringing) is not required for the removal of the posts. This ruling is dangerous, because it forces service providers to delete posts even if there is not sufficient evidence to believe that the posts are infringing, and can jeopardize the freedom of speech on the Internet.

Because it is very difficult for a small number of people to read and confirm all posts on an internet forum, I think the judgment of the court was overly biased towards the publishers. In addition to the fact that there are still few cases in which such problems have been rules, it may be the case because 2ch is in the core of the Otaku culture of young and “geeky” teenagers and is not perceived positively by the exclusive culture of judiciary and government in general.

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