
AI-generated summary
Article 709 of the Civil Code, which has remained largely unchanged since its enactment in 1896, provides for liability for damages for intentional or negligent infringement of the rights of others. In recent years, with the spread of social media, violations of personal rights, including portrait rights and voice rights, have become an issue, but it has been pointed out that the compensation awarded in court is low compared to the damage caused.
Justice Minister Takashi Yamashita announced at a press conference on the 29th that the first meeting of the study group on the review of the tort legislation stipulated by the Civil Code will be held on the 30th. In light of the growing seriousness of violations of privacy and other personal rights due to slander on social media, discussions were being held on increasing compensation and clarifying the requirements for requesting an injunction. The statute of limitations for claiming damages for torts committed against minors is also expected to be an issue.
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Yamashita said, ``Based on the actual circumstances of the judicial decision, we will consider from multiple angles what kind of response the legal system can take.''
Article 709 of the Civil Code stipulates that ``A person who intentionally or negligently violates the rights of another person shall be liable for compensation for damages.'' According to the Ministry of Justice, the relevant provisions have not changed significantly since the Civil Code was enacted in 1896. In recent years, violations of personal rights, including portrait rights and voice rights, have become an issue on the Internet, but even in court, it has been pointed out that the compensation received is low compared to the damage caused, and that ``the remedies are not sufficient.''
Usually, alimony is determined at the discretion of the court based on past precedents. The study group will consider specifying in the law matters that should be considered, such as the nature of the damage and the maliciousness of the act.
On the other hand, there is no provision for an injunction in the Civil Code, and it is unclear in what cases a request can be made. For this reason, the government is moving toward sorting out the requirements for an injunction based on judicial precedent. The protection of personal rights after death will also be discussed.
The statute of limitations for the right to claim compensation for damage to life or body is five years. When minors are sexually assaulted, it often takes time for them to be able to disclose the truth. The Criminal Procedure Code was revised in 2023 to state that the period until a minor sex crime victim becomes an adult will not be counted in the statute of limitations, and the study group is expected to refer to this in its discussion.
The study group will consist of 10 people including civil law experts, lawyers, and judges, and will be chaired by Waseda University professor Keizo Yamamoto. Held approximately once a month. The Ministry of Justice plans to consult the Legislative Council once the study group has reached an opinion.
AI outlook — possibilities, not facts
The study group compiles a concrete law reform proposal and consults the Legislative Council.
Likely · Within months
The statute of limitations for torts committed against minors will be discussed with reference to the revision of the Criminal Procedure Code.
Very likely · Within weeks

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