Illegale 13 Year Porn

Illegale 13 Year Porn
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Main articles: Lolicon and Shotacon

^ Jump up to: a b c "Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children; Act No. 52 of May 26, 1999" . Japanese Law Translation. 26 May 1999. Archived from the original on 21 February 2012 . Retrieved 28 January 2015 .

^ "2011 Human Rights Reports: Japan" . 2011 Country Reports on Human Rights Practices . Bureau of Democracy, Human Rights, and Labor , United States Department of State . May 24, 2012 . Retrieved 28 January 2015 .

^ Jump up to: a b Kawamoto, Hiroshi (June 5, 2014). "Japan nears outlawing possession of child pornography" . The Asahi Shimbun . Archived from the original on 2014-06-06 . Retrieved 7 June 2014 .

^ "Ban on possession of child porn takes effect in Japan" . The Japan Times . Kyodo News . 15 July 2015 . Retrieved 20 November 2015 .

^ "Japan finally enforces ban on possession of child sex abuse images - but not in manga or anime" . The Independent . 16 July 2015.

^ Police White Paper, 1994. (in Japanese)

^ "Child Welfare Act" . Japaneselawtranslation.go.jp . Retrieved 2013-03-05 .

^ "Japan to finally outlaw possession of child porn, but manga gets free pass" . The Japan Times . Agence France-Presse , Jiji Press . 4 June 2014 . Retrieved 7 June 2014 .

^ "Possession of child porn to be banned" . Yomiuri Shimbun . Jiji Press . 4 June 2014. Archived from the original on 6 June 2014 . Retrieved 28 January 2015 .

^ "Japan passes law banning possession of child pornography" . CNN . 18 June 2014 . Retrieved 20 June 2014 .

^ Jump up to: a b Japan police crack down on 300 child porn cases Kubota, Yuko. Reuters. Accessed August 19, 2009

^ Proposal by the ruling parties Archived September 24, 2009, at the Wayback Machine (in Japanese)

^ Democrat's counterproposal (in Japanese)

^ The Movements for Internet Active Users (MIAU) Answers to Question 8 (in Japanese)

^ Isabel Reynolds (2008-03-11). "UNICEF says Japan failing to control child porn" . Reuters.

^ Artefact (2011-09-29). "LDP Seeks New Ban: "Manga & Anime = Virtual Child Abuse" " . Sankaku Complex . Retrieved 2012-07-22 .

^ "請願：参議院ホームページ" . Sangiin.go.jp . Retrieved 2012-07-22 .

^ "Loli Ban Not Rejected" . Sankaku Complex. 27 June 2013 . Retrieved 2013-07-13 .

^ Jump up to: a b c d William Sparrow (2007-02-23). "Japan's Lolita merchants feel the heat" . Asia Times . Archived from the original on 2008-05-17 . Retrieved 2008-05-16 . {{ cite news }} : CS1 maint: unfit URL ( link )

^ Galbraith, Patrick W. (2009-07-08). "Innocence lost: the dark side of Akihabara" . Metropolis . Archived from the original on 12 March 2017 . Retrieved 2021-05-10 – via JapanToday.

^ December3, 2007 Archived February 6, 2009, at the Wayback Machine (in Japanese)

^ July 19, 2009 Archived July 22, 2009, at the Wayback Machine (in Japanese)

^ " "聖地"も閉店ジュニアアイドルＤＶＤビジネスはあと半年の命か" . Tokyo Sports (in Japanese). 2015-02-07. Archived from the original on 5 June 2019 . Retrieved 2020-08-25 .

^ Thompson, Jason (2007). Manga: The Complete Guide . Del Rey. p. 501. ISBN 978-0-345-48590-8 .

^ Sexual Offenses Laws - Japan Archived 2001-09-25 at the Library of Congress Web Archives by Interpol , Aug 3, 2007

^ Japan main culprit in online child pornography Archived 2009-07-15 at the Wayback Machine by Noriko Sakakibara of The Daily Yomiuri , ANN, AsiaOne . December 4, 2008

^ Statement on February 21, 2003 (in Japanese) Archived 18 June 2009 at the Wayback Machine

^ The Japan PEN Club's statement on November 26, 1998 (in Japanese)

^ McCurry, Justin (27 October 2015). "Japan urged to ban manga child abuse images" – via www.theguardian.com.

The production, sale, distribution, and commercialization of child pornography in Japan is illegal under the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children (1999), [1] and is punishable by a maximum penalty of five years in prison and/or a fine of ¥ 5,000,000. [2] Simple possession of child pornography was made illegal by an amendment to the act in 2014. [1] Virtual child pornography, which depicts wholly-fictional characters, is legal to produce and possess.

Manga artists and anime directors have argued that it is dangerous to try to define child pornography when it comes to artwork , drawings , and animation when regarding hentai due to it being highly ambiguous , and have cited freedom of expression to prevent it from being abused. For example, they argued that even in the anime and manga series Doraemon , the scene of the schoolgirl Shizuka Minamoto taking a bath might be mis-construed as "child pornography". [3] Arts depicting underage characters ( lolicon and shotacon ) and photography of underage models ( junior idol ) remain controversial in Japan . [4] [5]

The Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children came into effect on May 26, 1999. Under Article 7, it outlawed the production, transport, import and export of child pornography, as well as possession of child pornography for the aforementioned purposes. [1]

Previously, obscenity was regulated by the 1907 Penal Code of Japan . Article 175 of the code has been applied to underage obscenity, notably in a 1993 case where a burusera shop owner was arrested on suspicion of possession for sale of obscene media, after he had invited a high school student to appear in a pornographic video. [6]

The penalty for possession with any intent of commercialization, sales, or distribution is a maximum imprisonment with labor for three years or a fine of three million yen (approximately $30,000). Production or distribution of child pornography is punishable by imprisonment with labor for up to five years and a fine of up to five million yen (approximately $50,000). Article 34 of the Child Welfare Act, applicable since 1947, states that " No person shall commit an act listed in any of the following items: " with line six specifying " Cause a child to commit an obscene act ". [7]

However, there were no laws addressing the simple possession of any kind of pornography in general (which included child pornography, with no intent to sale or distribute). On 4 June 2014, a bill was approved to be passed to ban the possession, closing this loophole in the nation's child pornography prohibition law, although it did not apply to hentai in anime and manga in order to prevent abuse of the law. [8] [3] [9] The bill passed on 18 June. [10]

In June 2008, a bill proposing a ban on child pornography possession was submitted to the House of Representatives of Japan , where it was brought before the Diet in September, but failed to pass. [11] The Liberal Democratic Party and the New Komeito Party proposed to outlaw any possession of child pornography, but was countered by the Democratic Party of Japan with a different proposal. [12] [13] The House of Representatives dissolved on July 21, 2009, and both proposals to revise the law were withdrawn. During the general election of the House of Representatives in August 2009, open letters written by politicians to a civilian organization showed that the politicians were divided on the matter. [14]

In 2008, the Japanese branch of UNICEF called on the government to outlaw simple possession of child pornography, as well as manga and anime pornography depicting minors. It also called for tighter restrictions of Junior idol media under existing laws. [15] The United States ambassador to Japan has stated that Japan's lack of laws restricting possession of child pornography has impeded international investigations into child pornography. [11]

On August 25, 2011, the Liberal Democratic Party submitted a petition requesting stricter laws on child pornography, which included child pornography in anime. [16] [17] In late June 2013, the Liberal Democratic Party moved forward with their proposal. A decision has not yet been reached. [18]

A 2007 public opinion poll taken by the Japanese government showed that 86.5% of respondents believed that child pornography regulations should be applied to anime and manga, while 90.9% endorsed regulations of "harmful materials" on the Internet. [19]

While not considered explicitly pornographic, media portraying young idols is a large industry in Japan. Photobooks and videos of underage models in scant, tight fitting and revealing clothing are often taken to be provocative and pornographic in nature. The industry remains lucrative, with The Japan Times reporting an estimated 3 million idol photobooks sold between 2006 and 2007. [19]

While junior idol content currently stands on legally ambiguous ground due to open interpretations of child pornography laws, [19] [20] studios producing junior idol media are not exempt from current laws. After 2007, staff and heads of various video production firms were arrested on allegations that their productions overstepped legal boundaries. [21] [22] Multiple junior idol distributors closed after possession of child pornography was made illegal in Japan in 2014. [23]

In Japan, lolicon is an attraction to visually underage girls by men or women of any age. It can also involve attraction to older characters with youthful neotenic features that make them appear to be younger than they really are. Lolicon is a hentai subgenre in dojinshi , manga , anime , and video games in which childlike characters are usually depicted in an ero kawaii (erotic cute) manner, which can range from explicitly pornographic to mildly suggestive, romantic, or entirely non-sexual. [24] The young boys equivalent is called shotacon . Outside Japan, lolicon only refers to the hentai subgenre, usually involving simulated pornography .

Figures regarding the prevalence of lolicon and shotacon are hard to come by, but it is estimated that 30-40% of manga contain sexual references involving underage characters. [19] The age of consent is 13 under Japanese national law, but is generally higher under prefectural laws. [25] No regulations are in place to control images portraying sexual content of hentai in manga or anime. [26]

Supporters of regulating simulated pornography claim to advocate human rights and children's rights such as the Convention on the Rights of the Child . Opponents such as the Japan Federation of Bar Associations ( ja:日本弁護士連合会 ) also claim to advocate for the rights of children, pointing out the decreasing numbers in sexually motivated crimes are due to simulated materials providing an outlet to those who would otherwise seek material depicting actual children. [27]

The constitutionality of proposed laws have been discussed, since Article 21 of the Constitution of Japan guarantees freedom of speech , press and all other forms of expression. The definitions of obscenity , specifically written in law as " arouses or stimulates the viewer's sexual desire ", have been argued as ambiguous . [28] [29]

Thu., Dec. 10, 2020 timer 3 min. read
Daniel Bernhard is executive director of FRIENDS of Canadian Broadcasting. Twitter: @friendscb
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The New York Times published a stomach-churning report last week about Pornhub. The Montreal company is the undisputed global leader in online pornography, but it also has a habit of disseminating criminal videos, including of children as young as 14 being sexually assaulted.
In Ottawa, the opposition is asking urgent questions about how this could happen in Canada, and the government is adamant that it will introduce legislation to address the issue of online hate after the House returns from its Christmas break.
Yet this response betrays a fundamental misunderstanding of the issue.
Pornhub recommending child rape videos isn’t a scandal. It’s a crime. Surely it goes without saying that promoting and profiting from the sexual assault of children is already illegal in Canada.
We don’t need to wait for new legislation. Justice Minister Lametti need only dial 911.
So why does the government believe that it cannot act until new legislation passes? Is the legality of promoting child rape videos somehow ambiguous?
That’s exactly what the platforms would have us believe, reflecting just how successful they’ve been at framing the discussion in Ottawa to fit their interests. For these companies, the real villains are the people who create and update this horrid content. Pornhub and Facebook would have you believe that they can make illegal content globally available, recommend it to people who didn’t ask to see it, and rake in unholy sums of money by selling ads against this content without being legally responsible for it. It’s quite something.
Yet we should pay little heed to this self-serving spin, because in Canada, the law is all that counts. And according to a recent legal analysis , disseminators like YouTube, Facebook and Pornhub are liable under Canadian law for spreading harmful content produced by others, if they know about it in advance and disseminate anyway, or if they are notified afterwards and fail to remove it.
The latter case is clear cut. All of these companies have complaints processes where problematic content is flagged. Yet despite this awareness, Canadian politicians, judges, prosecutors and police officers fail to apply the law.
We could stop there, but the platforms’ responsibility runs deeper still. Facebook, YouTube and Pornhub are not dumb repositories of user-generated content. They are hyper-personalized recommendation engines. Much attention is paid to the nefarious ways in which these firms harvest our personal data to ascertain our interests. But that data is useless by itself. To maintain our attention and show us ads, they must know our interests and which content matches our interests. Only then do they decide what to show us and what to hide.
That sounds like an editorial decision, because it is. So why is it that a broadcast CEO would go to jail if her editor-in-chief put child rape videos on TV, but a tech CEO that outsources this exact task to an algorithmic editor-in-chief does not?
Canada must restore the rule of law online, and quickly, because Canadians are suffering real and irreversible harms — children especially. Pornhub’s child rape video business is not an outlier. The internet is awash in child sexual abuse material. The FBI now receives over 100,000 reports of such imagery every day, most of it on Facebook. The volume of complaints is now so high that they only have enough resources to investigate cases involving infants and toddlers.
Remember that next time the platforms’ willing and witless defenders argue that holding platforms liable for promoting illegal content would unduly restrict our freedom of expression. We’re not talking about “awful but lawful” content. We’re not in a grey area. When companies like Pornhub and Facebook are found to profit from clearly illegal activity, they should be prosecuted vigorously.
American-style free speech fundamentalists might argue that anybody should be able to post anything anywhere, but that’s not who we are as Canadians.
We must start by declaring that these harms are unequivocally unacceptable. And we can prove our sincerity by immediately and unreservedly enforcing our laws. Canada should hold the likes of Facebook and Pornhub fully liable for the myriad harms they inflict on our country, our democracy, and most unforgivably, our children.
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