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From Wikipedia, the free encyclopedia
Main articles: Lolicon and Shotacon
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] However, child modeling in Japan is not seen in the same light as in the West, as many models are eventually offered acting, singing, or promotional careers.

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. [20] [21]

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. [22] 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. [23] No regulations are in place to control images portraying sexual content of hentai in manga or anime. [24]

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. [25]

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 . [26] [27]




06/18/2014 04:08 am ET



Updated
Jun 18, 2014




Japan Bans Child Porn, But Makes Exceptions For Manga Comics

Part of HuffPost News. ©2021 BuzzFeed, Inc. All rights reserved.
TOKYO, June 18 (Reuters) - Japan’s parliament voted on Wednesday to outlaw possession of child pornography after years of international calls for a crackdown, but avoided a clampdown on sexually explicit manga comics and animation depicting young children.
Japan is the last OECD nation to criminalize possession of child pornography, although it outlawed production and distribution in 1999, and has long been considered a safe haven for those buying child pornography.
“For too long, there was a poor understanding of children’s rights. Ultimately, that’s why it’s taken so long,” Kiyohiko Toyama, a member of the New Komeito party and a proponent of the bill, told Reuters.
“By outlawing the possession of child pornography with the intent to satisfy sexual interest, we make it harder for people to trade in such material.”
The new law, however, excluded an original clause calling for a study onto the effects of such pornographic manga involving young children, after publishers and opposition lawmakers said it could lead to curbing free speech.
Masatada Tsuchiya, a Liberal Democratic Party lawmaker, supported the bill but said he was disappointed.
“I believed we should go a step further and take a look at manga and animation in which children are sexually abused,” he said, recalling a case in which a child murder suspect was found to own dozens of explicit manga depicting children.
“Of course freedom of expression is important. And I love manga. But some of the things out there are so depraved they aren’t worth defending,” he said.
National data show a rise in child pornography crimes, with police uncovering 1,644 cases last year, around 10 times higher than a decade ago. Over half of the cases involved sharing or selling photos or videos over the Internet, police said.
Lawmakers said the new legislation would likely help police crack down on child pornography as buyers can be held and questioned, possibly leading them to other collectors as well as distributors and manufacturers.
The law is due to take effect next month. Those found guilty under the new law will face imprisonment of up to a year or a fine of up to 1 million yen ($9,800), although such punishment will not be enforced in the first year.
Justice Minister Sadakazu Tanigaki said he hoped it would also help change a culture of tolerating objectification of children.
“We must fight against a tendency of looking at children as sexual objects, and allowing them to be taken advantage of, sexually and commercially,” he said in parliamentary testimony on Tuesday, a day before the Upper House officially voted to adopt the bill. The Lower House passed it earlier in June.
Japan’s fascination with young women as sexual objects is apparent from a quick glance through Japanese bookstores and subway ads featuring “junior idols” as child models are known. The new law would not apply to most such images.
More explicit and often violent content is available online. A small portion of Japan’s manga and animation market includes graphic, sexual depictions of children including stories of incest.
Even without the clause on manga, however, publishers said they were still against the revised law. Some opposition lawmakers also voted against it, saying it could lead to police overreach.
“This could lead to a regression in freedom of expression and put a strain on artists and the publishing culture. This cannot be accepted,” the Japan Magazine Publishers Association, representing over 90 publishing companies, said in a statement on its website. ($1 = 102.0500 Japanese Yen) (Editing by Elaine Lies and Michael Perry)

https://en.wikipedia.org/wiki/Child_pornography_laws_in_Japan
https://www.huffpost.com/entry/japan-bans-child-porn_n_5506114
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