Media～ Legal Issues in Media and Press ～１. Introduction
Media reports are important in that they help people access information, but
depending on their content, they may lead to defamation, insult, damage of credit,invasion of privacy, infringement of publicity rights, copyright infringement,
unauthorized acquisition of trade secrets, etc.
In addition, with the development of the Internet, companies and individuals
can easily become the main source of information through social networking
services, etc., and it is thought that the opportunities for entities other than themass media to face these challenges are increasing.
Below are some examples of media-related legal problems.

5) Infringement of Publicity Rights
If you use the likeness of a celebrity, you may be subject to a claim of
infringement of their right of publicity. Unlike the general public, a celebrity who
has rights of publicity may make a claim for infringement not directly from thecelebrity, but from their management office.
6) Trade Secret1) Defamation and Insult

Interviewing or disclosing non-public information may constitute an act ofunauthorized acquisition or unauthorized disclosure of trade secrets (Article 2,Paragraph 1, Item 4 and the following items of the Unfair Competition
Prevention Act).

While the nature of news reporting may require criticism of others, publicationof such articles may constitute defamation or insult.

３. Conclusion

２. Specific Cases

2) Damage of Creditai

If a news report or other content that damages the credibility of anothercompany is made, it may fall under Article 2, Paragraph 1, Item 21 of the Unfair
Competition Prevention Act, as well as a tort under the Civil Code (Article 709).
For example, if a company believes that a competitor is infringing on its
intellectual property rights and makes a press release to that effect, the party thatmade the press release may be sued for damages on the contrary if the fact of
infringement of intellectual property rights is not recognized.
3) Invasive of Privacy

Many court cases have been accumulated on issues related to media
and expression. However, the criteria presented in court decisions are often
abstract, and it is difficult for specialists to determine how they will be appliedin specific cases.
In general, the earlier you consult with us, the more likely you are toachieve better results at less cost, so please feel free to contact us.

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Publication of private matters may constitute an invasion of privacy.
4) Copyright Infringement
If you introduce someone else‘s work in a news report, etc., you may beaccused of copyright infringement. Thus, if copyright infringement is alleged
against the media, for example, the defense of citation (Article 32 of the CopyrightAct) may be asserted.
In addition, there may be an assertion of Article 41 of the Copyright Law (usefor reporting current events), a limitation provision specific to the media, and so on.

Writer

Hidekazu NISHIMURA
Akira WATANABE
Masahiko MATSUNO
Attorney at Law
Attorney at Law
Attorney at Law[a_watanabe☆nakapat.gr.jp] [m_matsuno☆nakapat.gr.jp] [h_nishimura☆nakapat.gr.jp]

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