A court in
Saitama has recognized the “right to be forgotten” — the first ruling of its
kind in Japan — in a case filed by a man demanding Google Inc. remove
three-year-old news reports of his arrest in connection to child prostitution
and pornography, according to newly discovered court documents.
This is the first time that a Japanese court has
issued a decision referring to the right to be forgotten in ordering the
removal of personal information from the Internet, legal experts said. Past
decisions in demanding removal of search results cited the right to privacy.
The right to be forgotten has drawn attention since a
2014 European Court of Justice ruling in favor of a Spanish man who had
demanded Google delete search results concerning the past seizure of property.
The latest court decision in Japan, which was issued
on Dec. 22, could intensify debate within the nation about where to strike a
balance between the right to be forgotten, and the public’s right to know and
freedom of expression.
Presiding Judge Hisaki Kobayashi with the Saitama
District Court ruled that, depending on the nature of a crime, the right to be
forgotten should be recognized with the passage of time.
“Criminals who were exposed to the public due to media
reports of their arrest are entitled to the benefit of having their private
life respected and their rehabilitation unhindered,” Kobayashi said.
“In modern society,” the judge went onto say, “it is
extremely difficult to live a calm life once information is posted and shared
on the Internet, which should be considered when determining whether (the
information) should be deleted.”
The actual case involves a man convicted of violating
the child prostitution and pornography law and fined ¥500,000. He claimed his
personal rights were infringed upon as news reports from more than three years
ago appear whenever his name and address are entered into the Google search
engine.
Last June, the Saitama District Court ordered Google
to remove Internet search results that include media reports about the arrest
of that man, saying his right to rehabilitation was being infringed. Google
objected to that court order.
The provisional ruling was issued by the same court
after reexamining the case.
Google has already appealed its decision reaffirming
the order to remove the old news stories to the Tokyo High Court.
According to those involved in the case, arrest
records of the man no longer appear in Google search results.
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