The Tokyo District Court on Tuesday dismissed a lawsuit against U.S. social media giant Meta Platforms and its Japanese unit over fake ads that used a Japanese entrepreneur’s name and likeness without permission.
Presiding Judge Naoyuki Iwai dismissed both entrepreneur Yusaku Maezawa’s request for an injunction and his claim for damages.
While finding that the ads infringed on Maezawa’s publicity rights, which protect the commercial value of celebrities, Iwai said that Meta “is merely a platform operator and is not directly involved in the posts.”
The judge concluded that there was no risk of the fake ads being left unaddressed, given the corrective measures taken by the company, and that there was no need for an injunction.
The ruling is believed to be the first judicial decision on whether fake ads impersonating celebrities infringe on?their rights.
Speaking to reporters after the ruling, Maezawa’s lawyer called the ruling “extremely disappointing.”
“There is concern that this could create a society in which people are forced to suffer in silence,” the lawyer added, indicating that Maezawa is considering an appeal.
According to the ruling, ads to promote bogus investment services using Maezawa’s name and likeness without permission had been posted on Facebook and Instagram, both operated by Meta, since at least around June 2023.
Victims of investment fraud stemming from such fake ads have filed lawsuits in six district courts across Japan seeking damages from Meta and its Japanese unit.
In October, the Yokohama District Court dismissed a similar claim, in the first ruling in the series of lawsuits.
Meta has said it will continue its efforts to protect the users of its services.
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