03/02/2020 Details of 2016 (Kyo) 45 | Judgments of the Supreme Court honoring the dignity of individuals and the essential equality of both sexes. Article 198 When a possessor is disturbed in his/her possession, he/she may claim for the discontinuation of the disturbance and compensation for damages by bringing an action for maintenance of possession. Article 199 When a possessor is likely to be disturbed of his/her possession, he/she may claim either for the prevention of the disturbance or for the submission of security for the compensation for damages by bringing an action for preservation of possession. Main text of the judgment (decision) The appeal from a ruling is dismissed. The costs of appeal should be borne by the appellant. Reasons Regarding the reason for appeal from a ruling argued by KANDA Tomohiro, the counsel for the appellant: 1. According to the records, situation surrounding this case was as follows: (1) Based on the alleged fact of paying for child prostitution, the appellant was arrested in November 2011 on the allegation of violation of the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children before revision by Act No. 79 of 2014, and was punished by a fine for the alleged charge of violation of the same Act in December of the same year. The fact that the appellant was arrested for the above-mentioned alleged charge (hereinafter referred to as the “Fact”) was reported in the media on the date of arrest, and all or some of the coverage was posted on electronic bulletin boards on Internet websites on several instances. (2) The opposing party is a person engaged in the business of performing website searches on the Internet at the request of users and providing to these users search results, or URLs www.courts.go.jp/app/hanrei_en/detail?id=1511 3/7

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