03/02/2020
Details of 2016 (Kyo) 45 | Judgments of the Supreme Court
which are codes to identify websites (hereinafter referred to
as “search service provider”).
If users who will receive search results from the opposing
party as stated above conduct a search by using the name of
the prefecture where the appellant lives and the name of the
appellant as search conditions, the user will be provided with
URLs of the websites listed in the list of search results
attached to the decision of provisional disposition cited in
the decision of the first instance, and titles of these URLs
and excerpts from these websites (hereinafter collectively
referred to as “URLs and other information”), which
includes the URLs and other information of the websites on
which the Fact was posted (hereinafter referred to as the
“Search Results”).
2. This is an appeal case in which the appellant demands an
order for provisional disposition against the opposing party
to delete the Search Results based on the appellant’s moral
right and moral interests.
3 (1) The interest of not publishing facts related to the
privacy of an individual person without due reason should be
protected by law (Refer to Supreme Court Judgment 1977
(O) 323, the Judgment of the Third Petty Bench on April 14,
1981, Minshu Vol.35, No. 3, p620; Supreme Court Judgment
1989 (O) 1649, the Judgment of the Third Petty Bench on
February 8, 1994, Minshu Vol. 48, No. 2, p149; Supreme
Court Judgments 2001 (O) 851, and 2001 (Ju) 837,
Judgment of the Third Petty Bench on September 24, 2002,
Shumin No. 207, p243; Supreme Court Judgment 2000 (Ju)
1335, Judgment of the Second Petty Bench on March 14,
2003, Minshu Vol. 57, No. 3, p229; Supreme Court
Judgment 2002 (Ju) 1656, Judgment of the Second Petty
Bench on September 12, 2003, Minshu Vol. 57, No. 8,
p973). On the other hand, the search service provider
comprehensively collects information posted on Internet
websites, save copies of them, organizes the information by,
for example, creating an index using these copies, and
www.courts.go.jp/app/hanrei_en/detail?id=1511
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