Ito Shiori’s done it again, folks. After winning her first defamation lawsuit earlier this year against a Twitter troll, she won another against “satirical” manga artist Hasumi Toshiko.
Between June 2017 and December 2019, Hasumi published 5 comics about women “sleeping their way to the top”. All the women depicted bore Ito’s likeness. One comic of a flushed Ito texting her alleged rapist Yamaguchi Noriyuki about returning his shirt quickly made the rounds online.
Hasumi claimed her comics were “caricatures”. But Ito wasn’t having it. In June 2020, Ito filed a lawsuit against Hasumi and two others who retweeted the comics. She asked for 5.5 million yen (roughly USD $48,580) in damages, deletion of the comic, and a published apology.
On November 30, the court ordered Hasumi to pay Ito 880,000 yen (about USD $7,733) in damages [1]. The court stated Hasumi’s posts “diminished Ito Shiori’s social standing” and cast the legitimacy of her allegations into doubt. While the two others only retweeted the comic without comment, the court also found them culpable [2]. The act of retweeting meant their opinions aligned with Hasumi’s. They each have to pay Ito 110,000 yen (USD $966).
“Second Rape” and the Ramifications of Online Behavior
As with her first lawsuit, supporters cheered for Ito while griping about the low compensation. At the following press conference, Ito didn’t seem too concerned about the financial aspects. She called the verdict another “big step forward” and stated Hasumi’s comics “shouldn’t be passed off as satire.”
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The comics, however, are still online. Scrubbing them from the Internet entirely is impossible. But as Ito’s lawyer pointed out, it isn’t feasible to file civil lawsuits against every single SNS user who likes or distributes posts slandering someone [1]. He also called upon SNS platforms to be more proactive in deterring hate speech and slander. While Twitter just launched new guidelines restricting the sharing of media without consent [3], it remains to be seen if this slows the sharing of slanderous statements and images.
The implications of these rulings are a double-edged sword. On one hand, the verdicts imply the diffusion of material with a simple tap or click can be considered hate speech and defamation. This could quickly become a rife hunting ground for overzealous users who will take one innocent like or retweet and twist it into a defamatory act.
On the other hand, Ito’s started a conversation about how likes, shares, and retweets can snowball into a “second rape” for sexual assault survivors. Online etiquette is just as important as in-person behavior. At the conference Ito said, “I want each and every person who shares their opinions [online] to adopt responsibility and self-awareness.”
Two Down, One to Go
One major lawsuit remains for Ito, this one also involving Twitter and a public figure with a problematic reputation. UJ readers are no doubt familiar with everyone’s not-so-favorite LDP politician Sugita Mio. She’s made disparaging comments about sexual assault survivors and LGBTQ+ people. She also has quite the Twitter following.
Late last year, Sugita liked a series of tweets slandering Ito. Sugita was also one of several guests on a program who laughed when Hasumi showed off one of her comics about Ito. This gave Ito justification to slap Sugita with a 2.2 million yen (around USD $21,000) lawsuit.
Considering Sugita’s political standing, it’s uncertain if even Ito has a chance of winning. Ito’s prior lawsuits involved defamatory quote retweets, comics, and simple retweets by users with large audiences. The lawsuit against Sugita revolves around her liking tweets. Sugita’s lawyers requested the case’s dismissal in October 2020. There’s been little progress since.
At the conference, Ito thanked those who tweeted support and encouragement with the hashtag #伊藤詩織さんを支持します (“I Support Ito Shiori”) when she first filed her lawsuit. Many users resurrected the hashtag following the verdict to cheer her on. If Ito does manage to make headway in her case against Sugita, it’s clear she’ll have plenty of support and encouragement along the way.
What to Read Next
Ito Shiori Wins First Defamation Lawsuit
Review; Black Box – The Memoir That Sparked Japan’s #MeToo Movement
Sources
[1] 伊藤詩織さん、漫画家はすみとしこさんらに勝訴。リツイートにも賠償命令、「大きな一歩」と訴え. HuffPost JP
[2] 漫画家はすみとしこさんに88万円の賠償命令。伊藤詩織さん思わせるイラストを投稿. HuffPost JP
[3] Expanding our private information policy to include media. Twitter