[Notice] TRAICY Publisher Files Lawsuit Against JHAT in Tokyo District Court Seeking Damages for Defamation

TRAICY Japan, the operator of the magazine ‘TRAICY’, has filed a civil lawsuit against the hotel management company JHAT in the Tokyo District Court.

The lawsuit seeks damages based on Articles 709 and 710 of the Civil Code, claiming that JHAT, between July and August of this year, presented false information as an infringement of honor rights to several business partners who publish articles of TRAICY Japan, demanding not to publish the articles, which defamed TRAICY Japan’s reputation.

JHAT was discovered to have improperly received subsidies for non-existent stays and other travel-related dealings with entities such as MIKI Travel, a subsidiary of H.I.S., Japan Holiday Travel, Tabikobo, and Travel Standard Japan. The Japan Tourism Agency announced the results of its investigation in December 2021 and demanded reimbursement.

Subsequently, TRAICY Japan received an email in December 2022 from an individual claiming to be Yoshino Genta, a lawyer at Nozomi General Law Office (a TV Tokyo Broadcasting Program Deliberation Council Member, Chairperson of the B League Judging Committee), stating, “There is no fact that JHAT and Mr. Akihiro Hirabayashi committed any wrongdoing in the Go To Travel campaign.”

Furthermore, from July to September 2023, false applications were made alleging violations of the American Digital Millennium Copyright Act (DMCA), seeking to hide articles related to misconduct by JHAT and its CEO, Akihiro Hirabayashi, and indeed resulted in the articles being hidden.

– Tabikobo, directors and executive officers resigning, including Mr. Akihiro Hirabayashi of JHAT and Mr. Kazuhiko Nakajima, the mastermind behind the “Monbetsu touch”
https://www.traicy.com/posts/20211216227620/

– JHAT, not participating in ‘National Travel Support’, due to improper subsidy receipt during Go To campaign
https://www.traicy.com/posts/20221008251839/

Based on these activities, TRAICY Japan concluded that JHAT and Mr. Hirabayashi misused the DMCA law to conceal their poor reputation, thereby removing negative reviews from search results and reducing the incidence of advertisements published in the media, causing damage. TRAICY Japan indicated its intention to seek damages and was considering the possibility of litigation. Having gathered enough evidence regarding the presentation of false facts to business partners, it has led to the filing of the lawsuit. The lawsuit does not include claims for damages related to false applications under the DMCA law.

The legal representation for TRAICY Japan in this lawsuit is provided by Monolith Law Office. The case number is Reiwa 6 (Wa) No. 28899, and it is assigned to the 16th Civil Division Otsuka Department of the Tokyo District Court.