NGT48 Assault Case

I don't know much about Japan laws, but I thought they had a firm law about privacy way before it became a thing here in Europe? So much than even posters about public people and car plates on google maps (for example) have to be blurred out.
AKS did everything they could to show how little they care about the girls and how much their only interest is in making money. Taking those pics in tribunal would make an hell of a point with both fans and investor.
I wouldn't be surprised if AKS would reach an agreement with those boys before September.

 

What's worse is that those pics were fake.

What I don't get is their motive for this? To demonstrate that the girls were willing to flirt with them or something?
If the pictures are real, AKS is gonna have to pay them a fortune for them not to publish them. And even then, someone could break into their homes and steal their phones and whatever and run to Bunshun. It's not as if they had a problem showing Sasshi's.

What a mess. Disband this hellhole of a group.

 

It's the "If I'm going to sink! , You'll go down with me" strategy.
Not the wisest thing to do but these guys don't have anything left to loose now. So they pull out their last cards.

Still if these leaks somewhere, this time the girls can sue them for privacy violation, and AKS for damaging more their emplyee's image.

 

Doubtful

the image of certain girls is already gone

 

After translated the tweet, it say that there is one major member involved on those photos?. Is it possible that those members allowed them to take pictures, in exchange of votes for The General Election? I mean until now no one knows from where Ogino Yuka got all those votes, not even her fan club on Japan.

 

Let's not try to guess which member it is. Witch hunting has become a problem with this case. They might even be lying about the photos to try and scare AKS into dropping the case. Although I personally believe they do have something.

 

Nah lets. Well the rumour is that they've topless photos of Nakai in a bathrobe (which wouldn't be surprising at all tbh.

Photos of Ogino consorting would explode NGT into pieces though lol.

 

Strangely, that would probably be beneficial for her career.

 

Well, Sasshi sent her half naked pics to her boyfriend, when they were leaked to bunshun her fans didn't abandoned her

Topless Rika probably will have similiar responses if not better

 

We're talking seriously about the career benefits of being the victims of revenge porn. Cool.

 

I am not an expert on the subject, but does it count as revenge porn if it is submitted as evidence? Being evidence in a trial is quite a bit different from ”FU if I can’t have you then I’ll share these photos in the Internet.”

 

On the one hand I agree with @Falx1984 about the witch hunting. On the other...

The article describes the major member as someone who is "active in variety shows" 「バラエティ番組でも活躍」. It would be a bit of a stretch to describe Ogiyuka that way, even before the Internet Hate Mob started targetting her. She also resumed her photolog updates last month--after 2 months of silence--and has continued them after the trial started which might suggest she's not worried about that specifically.

 

There is a so called "Revenge Porn Prevention Act" which has been in use since November 2014 (in comparison, as of June 2018, only 38 US American States have passed laws that prohibit sharing nonconsensual pornography. There is no federal law). The issue, as often with sexual crimes, is that they are often not reported out of embarrassment. But this is nothing new.

However, I'd also agree with @Tuhis that, if it's used as evidence in a court, it might not count as revenge porn. It wouldn't be distributed to an unknown number of people and will probably be edited to a certain extent (blurring of certain areas) before it's presented to the court.

 

I'm not a lawyer so I'm most likely wrong, but I believe, and am worried over, that it may be true in a criminal trial where evidence is property of the state, but in a civil case the media have free access.

 

Japan's privacy laws are more strict than those of the U.S., and even in the U.S. a judge can order certain trial records sealed. I'd be shocked if that were not the case in Japan.

 

If said girl is minor/under 18yo, the picture or any information about it will probably automatically sealed
If the girl is 18yo or over I think AKS will have to ask for gag order, they have to make a good argument of why the information have to be sealed

Many things surfaces during court like affairs, lies etc, just because one think that the information can be damaging to him/her it doesn't mean he/she can ask for gag order, especially if they did it in their free will
For example if a girl found out to be a slut who often sleep around with a bunch of dudes in court, she can't ask for gag order just because the information is damaging to her
If you can ask for gag order freely, all court record will be sealed

 

Some excerpts from my translation of the 7/15 summary:

• Interview with an AKS lawyer
  • https://i.imgur.com/nzgEery.jpg
  • https://i.imgur.com/knm0Jp5.jpg
  • Highlights of some [of the poster’s] personal points of interest
    • https://i.imgur.com/37piBb1.jpg
    • https://i.imgur.com/S1l3iDG.jpg
  • (video) AKS lawyer’s interview (July 10th)
    • 
      if the video does not show watch the video here
• From Sankei News: “NGT48 Yamaguchi Maho case – In the course of the trial, will new facts appear?”
  • https://www.sankei.com/premium/news/190715/prm1907150006-n1.html
  • Former prosecutor Kobayashi Hideaki
    • Unlike criminal proceedings, civil trials tend to emphasize the opinions of the victim
      (In a criminal case, having two (the male fans) vs. one (Yamaguchi) would likely be a disadvantage for Yamaguchi, but in a civil case it’s possible this would be reversed)
    • As a matter of course in recognizing the facts of the assault, peripheral circumstances will be taken into consideration. It will be formally judged whether or not, and to what degree, there was involvement by, or connections to, other members.
    • As for the defendants, they can also make the claim “Management not being able to persuade Yamaguchi was the cause of the damages”
    • Concerning the amount of damages, there is room to question the validity of the expenses, such as “Was it really necessary to commission an inquiry by a third party committee?” or “Weren’t these costs required anyway?”
  • Damages
    • Due to the suspension of theater shows, ¥11.88M per month
    • Suspension of a March to May concert tour, ¥39.94M
    • Discontinuation of advertising, ¥20M
    • Compensation to the third party committee, ¥44.7M
      plus other items

 

Then the dudes would admit being in possession of CP which is quite severe?

 

Didn't think it was possible for me to be more pissed at them.