Statements relating to DNA testing are defamatory.

Results or statements regarding DNA testing may involve defamation, but it depends on how the information is handled and presented. Libel (defamation) is an act that unjustly harms the social reputation of another person under Japanese law, and can result in both criminal and civil liability. Below are some cases of defamation related to DNA testing and points to consider.

1.Possibility of defamation by publication of DNA test results

DNA test results are very privacy sensitive information. Defamation issues may arise when communicating or disclosing the results to others. Particular attention should be paid in the following situations

Publication of inaccurate information: Misrepresenting the results of a DNA test that indicates a biological child is not the biological child, or spreading unfounded suspicions, may constitute defamation. For example, claiming that a child is not one’s own despite the fact that the child is one’s own can be an act that seriously damages one’s social credibility and reputation.
Inappropriate use of DNA test results: If DNA test results of a parent-child relationship are disclosed to others or made public without the individual’s permission, it may be considered a violation of the individual’s reputation and privacy.
Malicious statements: Spreading malicious slander or false information based on appraisal results is likely to constitute defamation. For example, using appraisal results to make unfounded allegations of adultery or immoral conduct.

2. Cases of defamation regarding parent-child relationship

In a dispute about a parent-child relationship, the results of a DNA test can be a direct defamation factor.

Allegation of not being the biological child: If a parent openly asserts to his or her child that he or she is not the biological child, or spreads this suspicion to others, if it is not true, then defamation against the child or spouse may be established.
Leakage of results to outside parties: If a DNA test is conducted for a marital or intra-family matter and the results are leaked to the outside world and a particular family member or party is treated in a dishonorable manner, they may be sued for defamation.

3. requirements for the establishment of libel (in the case of Japan)

In order for defamation to be established in Japan, the following requirements must be met:

Publicity: The statement or act is communicated to more than one third party or is done in a manner that is made public. Even statements made in private may be considered public if they are communicated to more than one person.
Violation of honor: The statements or actions must be of a nature that tarnishes public reputation.For example, publicizing false testimony that a child is not a biological child damages public opinion of the parent-child relationship.
Intentional or negligent: defamation is established when a statement or action is intentional or grossly negligent.

4. Relationship between libel and truthfulness

With regard to defamation, even if the content is true, if it is defamatory, it may be problematic. However, if the publication of the truth is based on a legitimate purpose, defamation may not be recognized.

Defamation may be established even if true: For example, even if there is no parent-child relationship as a matter of fact, defamation may be established if the information is disclosed unnecessarily or spread maliciously.
Public Interest and Truthfulness Exception: While it may be permissible to publish the truth if it is deemed to be in the public interest or if the information is deemed to be socially important, there is rarely any public interest regarding the results of a personal paternity test.

5. Countermeasures and advice

Results and information regarding DNA testing of parent-child relationships should be handled very carefully. In particular, it is important to note the following points

Be cautious about disclosing results: It is important to obtain the consent of the other party when sharing the results of a DNA test with others.You should avoid disclosing the results without permission or talking to third parties.
Be careful what you say: Even when speaking factually based on expert testimony, false information and malicious slander should be avoided.

Summary

If actions or statements related to the results of a DNA analysis of a parent-child relationship are inappropriately published or used in a manner that may defame others, a defamation issue may arise. The results should be handled with care. In addition, any statement or action that may damage the social reputation of the other party risks legal liability as defamation, so you are required to act with caution.

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