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.
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