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
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