Japanese
court orders Google to remove harmful search results
The
Tokyo District Court ordered Google Thursday to remove over 100
search results that had invaded a man’s privacy by alluding to
crimes he may have been involved in and other criminal activity, in a
similar verdict to Europe’s right to be forgotten.
RT,
10
October, 2014
Judge
Nobuyuki Seki said in a document obtained by the Kyodo News Agency, a
non-profit Japanese news agency, that some of the search results did
“infringe” the man’s “personal rights” and that “Google,
which manages the search engine, has the obligation to delete them.”
The
man requested an injunction in June saying that information being
trawled up in search results was related to events which took place
more than ten years ago and that his life had been threatened as a
result of the reports of his alleged inappropriate behavior.
Judge
Seki said the man had suffered “actual harm” and an infringement
of “personal rights” and ordered the web giant to remove about
120 of the 230 search results.
Although
the judge did admit that Google “plays an important role so that
the internet can be used effectively.”
The
man’s lawyer, Tomohiro Kanda, said he thought this was the first
time such a court ruling has been made in Japan.
Tomohiro
said the case came under Japanese privacy and defamation law, but the
ruling also considered the “right to be forgotten” ruling in
Europe in May in which the Court of Justice of the European Union
ordered Google to remove the personal data of a Spanish man so that
it didn’t appear in web searches anymore.
Google
opposed the Japanese decision and said it had no obligation to remove
the information, but the court threw their objection out and said
that the US giant would not suffer any unjust disadvantage by
removing the search results.
Google
can appeal the decision. It is not clear if the same personal data
about the man could be available through other search engines other
than Google.
In
a similar case, the same Tokyo court upheld a complaint by a man
against a company not to give autocomplete suggestions when web
searches for him were made, but then reversed their decision in
January of this year.
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