03/02/2020 Details of 2016 (Kyo) 45 | Judgments of the Supreme Court these factors, if it is apparent that the legal interest of such facts not being published is greater than the legal interest of publishing them, it is reasonable to interpret that the person may demand the search service provider to delete such URLs and other information from the search results. (2) Looking into the disputed case based on this interpretation, where the appellant demands that the Search Results be deleted because the websites, which were identified by URLs included in the Search Results, contain articles describing all or part of the Fact, although the Fact that the appellant was arrested on suspicion of child prostitution is a fact belonging to the appellant’s privacy that the appellant does not want to be known by others without due reason, considering the situation where paying for child prostitution is recognized as the sexual exploitation and sexual abuse of children, which is strongly condemned by society and prohibited by law with punishment, the Fact is still a matter that concerns the public interest. In addition, considering that the Search Results are part of the results retrieved by using the name of the prefecture where the appellant lives and the name of the appellant as the search conditions, it can be said that the range in which the Fact is communicated is limited to a certain degree. In the light of these facts, even if the situation regarding the appellant is considered, including that the appellant lives with his wife and child and has been employed by a private company after he was fined as described in 1 (1) above committing no crime for a certain period, it is not apparent that the legal interest of the Fact not being published is greater. 4. The Supreme Court upholds the decision of the prior instance that dismissed the appeal of the appellant in the second instance. The argument of the appeal with permission is unacceptable. www.courts.go.jp/app/hanrei_en/detail?id=1511 6/7

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