The Impact of Online Defamation on Permanent Residency in Japan#

In recent years, legal troubles stemming from comments made on social networking services (SNS) and internet bulletin boards have been on the rise. Even in the seemingly anonymous world of the internet, attacking specific individuals or companies can lead to civil claims for damages or, more severely, criminal punishment.

For foreign residents applying for Permanent Residency (PR) in Japan, understanding how such legal troubles affect the screening process is crucial. The impact on the application depends significantly on whether the trouble remains a “civil dispute” or escalates into a “criminal case.”

This article provides an objective explanation of how online defamation and slander affect the “Good Conduct Requirement” for Permanent Residency, based on the Immigration Control and Refugee Recognition Act and current immigration screening practices.

Understanding the “Good Conduct Requirement”#

Under Article 22 of the Immigration Control and Refugee Recognition Act and the official guidelines for Permanent Residence, one of the key requirements is that the applicant must be of “good conduct” (Soko Zenryo).

This requirement stipulates that the applicant must observe the law and lead a daily life as a resident that does not invite social criticism. In essence, if an applicant has violated Japanese laws and received punishment, it is highly likely that they will be judged as failing to meet this requirement. Legal violations committed on the internet are no exception; if online behavior constitutes a breach of law, it directly impacts this screening criterion.

Civil Liability and Its Impact on Permanent Residency#

Many troubles related to defamation first manifest as civil disputes. Typically, a victim requests the disclosure of sender information to identify the poster and then files a claim for damages (compensation for mental anguish, etc.).

Civil Damages Alone#

In principle, losing a civil lawsuit and being ordered to pay damages does not immediately constitute grounds for denial of Permanent Residency. Immigration screening primarily focuses on criminal records and the fulfillment of public obligations (such as payment of taxes and social insurance premiums). Therefore, monetary disputes between private individuals are generally not considered direct evidence of “bad conduct” in the eyes of the Immigration Services Agency.

Indirect Impact on Financial Requirements#

However, there is an indirect risk. If the compensation amount is extremely high and paying it causes the applicant’s livelihood to collapse, or if their salary is seized due to non-payment, the situation changes. This could lead to a failure to meet the “Independent Livelihood Requirement,” which necessitates that the applicant has sufficient assets or skills to support themselves. Destabilizing one’s economic foundation is a negative factor in the examination process.

Criminal Liability and Its Impact on Permanent Residency#

The most significant danger arises when online defamation becomes the subject of a police investigation and is prosecuted as a criminal case. In such scenarios, the impact on a Permanent Residency application can be fatal.

Applicable Criminal Offenses#

Depending on the content, online posts can fall under the following categories in the Penal Code of Japan:

Defamation (Article 230): Alleging facts publicly that injure the reputation of another person.
Insult (Article 231): Publicly insulting another person, even without alleging specific facts. It is important to note that penalties for this offense have recently been toughened, now potentially including imprisonment.
Intimidation (Article 222): Threatening another person with harm to their life, body, freedom, reputation, or property.
Obstruction of Business / Damage to Credit (Article 233): Spreading false rumors that damage a person’s credit or obstruct their business.

Disqualification Periods Following Punishment#

If an applicant is found guilty of these crimes and a penalty is finalized, they will be deemed not to meet the “Good Conduct Requirement” for a specific period.

Imprisonment (with or without work): If a prison sentence is served, it is extremely difficult to obtain Permanent Residency until at least 10 years have passed after release. In the case of a suspended sentence, permission is generally unlikely until the suspension period has expired and an additional period (typically around 5 years) has passed.
Fines (Bakkin): Even in cases of summary indictment resulting in a fine, current administrative practice typically requires that at least 5 years pass after the payment of the fine before the applicant can be considered to meet the conduct requirement.
Petty Fines (Karyo) / Minor Fines: Although these are lighter penalties, they still constitute a criminal record. Recent records of such penalties may give the examiner the impression that the applicant’s conduct is not good.

The Duty to Report and Immigration Screening#

The Permanent Residence application form includes sections for declaring criminal records and penalties. It is imperative never to conceal past punishments when applying. The Immigration Services Agency has the authority to cross-reference data with the National Police Agency and other bodies; therefore, any attempt to hide a criminal record will invariably be discovered.

Making a false declaration is, in itself, a violation of the Immigration Control Act and demonstrates a lack of integrity, leading to denial. Furthermore, if Permanent Residency is granted based on false information and the truth is discovered later, the status of residence can be revoked.

Conclusion#

Defamation and slander on the internet are not merely issues of etiquette; they are serious actions that can lead to civil liability and criminal punishment. Specifically, receiving a criminal penalty—even a fine—results in a significant disadvantage, rendering one ineligible for Permanent Residency for several years.

The Japanese immigration system welcomes foreign nationals who comply with the rules of Japanese society. For those aiming for Permanent Residency, it is essential to demonstrate honest and lawful behavior not only in the physical world but also in the digital space. It is vital to recognize that an impulsive online post can derail long-term life plans in Japan.