Child pornography laws in Japan
   HOME

TheInfoList



OR:

The production, sale, distribution, and commercialization of
child pornography Child pornography (also called CP, child sexual abuse material, CSAM, child porn, or kiddie porn) is pornography that unlawfully exploits children for sexual stimulation. It may be produced with the direct involvement or sexual assault of a chi ...
in Japan is illegal under the ''Act on Punishment of Activities Relating to Child Prostitution and Child Pornography, and the Protection of Children'' (1999), and is punishable by a maximum penalty of five years in prison and/or a fine of ¥5,000,000. Simple possession of child pornography was made illegal by an amendment to the act in 2014. Virtual child pornography, which depicts wholly-fictional characters, is legal to produce and possess.
Manga artists A is a comic artist who writes and/or illustrates manga. As of 2006, about 3,000 professional manga artists were working in Japan. Most manga artists study at an art college or manga school or take on an apprenticeship with another artist bef ...
and
anime director An animation director is either the director in charge of all aspects of the animation process during the production of an animated film or television, and animated segment for a live action film or television show, or the animator in charge of co ...
s have argued that it is dangerous to try to define child pornography when it comes to
artwork A work of art, artwork, art piece, piece of art or art object is an artistic creation of aesthetic value. Except for "work of art", which may be used of any work regarded as art in its widest sense, including works from literature ...
,
drawing Drawing is a form of visual art in which an artist uses instruments to mark paper or other two-dimensional surface. Drawing instruments include graphite pencils, pen and ink, various kinds of paints, inked brushes, colored pencils, crayons, ...
s, and
animation Animation is a method by which image, still figures are manipulated to appear as Motion picture, moving images. In traditional animation, images are drawn or painted by hand on transparent cel, celluloid sheets to be photographed and exhibited ...
when regarding
hentai Hentai is anime and manga pornography. A loanword from Japanese, the original term ( ) does not describe a genre of media, but rather an abnormal sexual desire or act, as an abbreviation of . In addition to anime and manga, hentai works exis ...
due to it being highly
ambiguous Ambiguity is the type of meaning (linguistics), meaning in which a phrase, statement or resolution is not explicitly defined, making several interpretations wikt:plausible#Adjective, plausible. A common aspect of ambiguity is uncertainty. It ...
, and have cited
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
to prevent it from being abused. For example, they argued that even in the
anime is Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside of Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, in Japan and in Japane ...
and
manga Manga (Japanese: 漫画 ) are comics or graphic novels originating from Japan. Most manga conform to a style developed in Japan in the late 19th century, and the form has a long prehistory in earlier Japanese art. The term ''manga'' is u ...
series ''
Doraemon ''Doraemon'' ( ja, ドラえもん ) is a Japanese manga series written and illustrated by Fujiko F. Fujio. The manga was first serialized in December 1969, with List of Doraemon chapters, its 1,345 individual chapters compiled into 45 ' ...
'', the scene of the schoolgirl
Shizuka Minamoto This list describes characters from the anime and manga series ''Doraemon''. Also listed are their original NTV voice actors (1973), followed by their TV Asahi voice actors (1979–2005; 2005–present). Part of the 22nd century characters are ...
taking a bath might be mis-construed as "child pornography". Arts depicting underage characters (
lolicon In Japanese popular culture, is a genre of fictional media in which young (or young-looking) girl characters appear in romantic or sexual contexts. The term, a portmanteau of the English phrase "Lolita complex", also refers to desire and a ...
and
shotacon , abbreviated from , is, in Japanese contexts, the attraction to young (or young-looking) boy characters, or media centered around this attraction. The term refers to a genre of manga and anime wherein prepubescent or pubescent male characters ...
) and photography of underage models (
junior idol A , also known as a or , is a type of entertainer who is 15 years of age and under, manufactured and marketed for image, attractiveness, and personality. It is a sub-category of the idol culture in Japanese pop entertainment. Junior idols are pr ...
) remain controversial in
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
.


Legal background


Domestic

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. Previously, obscenity was regulated by the 1907
Penal Code of Japan The Penal Code (刑法 ''Keihō'') of Japan was passed in 1907 as Law No. 45. It is one of six Codes that form the foundation of modern Japanese law. The penal code is also called “ordinary criminal law” or “general criminal law” as it ...
. Article 175 of the code has been applied to underage obscenity, notably in a 1993 case where a ''
burusera is a paraphilia, specifically a sexualized attraction to the underwear or school uniforms of girls or young women. It is a word of Japanese origin, coined by combining , meaning bloomers, as in the bottoms of gym suits, and , meaning sailor suit ...
'' 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. 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 $). 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''". 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 Hentai is anime and manga pornography. A loanword from Japanese, the original term ( ) does not describe a genre of media, but rather an abnormal sexual desire or act, as an abbreviation of . In addition to anime and manga, hentai works exis ...
in
anime is Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside of Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, in Japan and in Japane ...
and
manga Manga (Japanese: 漫画 ) are comics or graphic novels originating from Japan. Most manga conform to a style developed in Japan in the late 19th century, and the form has a long prehistory in earlier Japanese art. The term ''manga'' is u ...
in order to prevent abuse of the law. The bill passed on 18 June.


Political background

In June 2008, a bill proposing a ban on child pornography possession was submitted to the
House of Representatives of Japan The is the lower house of the National Diet of Japan. The House of Councillors (Japan), House of Councillors is the upper house. The composition of the House is established by and of the Constitution of Japan. The House of Representatives ha ...
, where it was brought before the Diet in September, but failed to pass.Japan police crack down on 300 child porn cases
Kubota, Yuko. Reuters. Accessed August 19, 2009
The Liberal Democratic Party and the
New Komeito Party , formerly New Komeito and abbreviated NKP, is a conservative political party in Japan founded by lay members of the Buddhist Japanese new religious movement Soka Gakkai in 1964. Since 2012, it has served in government as the junior coalitio ...
proposed to outlaw any possession of child pornography, but was countered by the
Democratic Party of Japan The was a centristThe Democratic Party of Japan was widely described as centrist: * * * * * * * to centre-left liberal or social-liberal political party in Japan from 1998 to 2016. The party's origins lie in the previous Democratic Part ...
with a different proposal. The House of Representatives dissolved on July 21, 2009, and both proposals to revise the law were withdrawn. During the
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
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. In 2008, the Japanese branch of
UNICEF UNICEF (), originally called the United Nations International Children's Emergency Fund in full, now officially United Nations Children's Fund, is an agency of the United Nations responsible for providing Humanitarianism, humanitarian and Devel ...
called on the government to outlaw simple possession of child pornography, as well as
manga Manga (Japanese: 漫画 ) are comics or graphic novels originating from Japan. Most manga conform to a style developed in Japan in the late 19th century, and the form has a long prehistory in earlier Japanese art. The term ''manga'' is u ...
and
anime is Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside of Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, in Japan and in Japane ...
pornography depicting minors. It also called for tighter restrictions of
Junior idol A , also known as a or , is a type of entertainer who is 15 years of age and under, manufactured and marketed for image, attractiveness, and personality. It is a sub-category of the idol culture in Japanese pop entertainment. Junior idols are pr ...
media under existing laws. 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. On August 25, 2011, the Liberal Democratic Party submitted a petition requesting stricter laws on child pornography, which included child pornography in anime. In late June 2013, the Liberal Democratic Party moved forward with their proposal. A decision has not yet been reached. 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.


Junior idols

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 ''The Japan Times'' is Japan's largest and oldest English-language daily newspaper. It is published by , a subsidiary of News2u Holdings, Inc.. It is headquartered in the in Kioicho, Chiyoda, Tokyo. History ''The Japan Times'' was launched by ...
'' reporting an estimated 3 million idol photobooks sold between 2006 and 2007. While junior idol content currently stands on legally ambiguous ground due to open interpretations of child pornography laws, 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. Multiple junior idol distributors closed after possession of child pornography was made illegal in Japan in 2014.


Lolicon and shotacon

In Japan, ''
lolicon In Japanese popular culture, is a genre of fictional media in which young (or young-looking) girl characters appear in romantic or sexual contexts. The term, a portmanteau of the English phrase "Lolita complex", also refers to desire and a ...
'' 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 Neoteny (), also called juvenilization,Montagu, A. (1989). Growing Young. Bergin & Garvey: CT. is the delaying or slowing of the physiological, or somatic, development of an organism, typically an animal. Neoteny is found in modern humans compared ...
features that make them appear to be younger than they really are. Lolicon is a
hentai Hentai is anime and manga pornography. A loanword from Japanese, the original term ( ) does not describe a genre of media, but rather an abnormal sexual desire or act, as an abbreviation of . In addition to anime and manga, hentai works exis ...
subgenre in
dojinshi , also romanized as ', is the Japanese term for self-published print works, such as magazines, manga, and novels. Part of a wider category of '' doujin'' (self-published) works, ''doujinshi'' are often derivative of existing works and created b ...
,
manga Manga (Japanese: 漫画 ) are comics or graphic novels originating from Japan. Most manga conform to a style developed in Japan in the late 19th century, and the form has a long prehistory in earlier Japanese art. The term ''manga'' is u ...
,
anime is Traditional animation, hand-drawn and computer animation, computer-generated animation originating from Japan. Outside of Japan and in English, ''anime'' refers specifically to animation produced in Japan. However, in Japan and in Japane ...
, and
video game Video games, also known as computer games, are electronic games that involves interaction with a user interface or input device such as a joystick, controller, keyboard, or motion sensing device to generate visual feedback. This fee ...
s 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. The young boys equivalent is called ''
shotacon , abbreviated from , is, in Japanese contexts, the attraction to young (or young-looking) boy characters, or media centered around this attraction. The term refers to a genre of manga and anime wherein prepubescent or pubescent male characters ...
''. Outside Japan, ''lolicon'' only refers to the hentai subgenre, usually involving
simulated pornography Simulated child pornography is child pornography depicting what appear to be Minor (law), minors but which is produced without the direct involvement of children. Types Types of simulated child pornography include: modified photographs of real ch ...
. 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. The
age of consent The age of consent is the age at which a person is considered to be legally competent to consent to sexual acts. Consequently, an adult who engages in sexual activity with a person younger than the age of consent is unable to legally claim ...
is 13 under Japanese national law, but is generally higher under
prefectural A prefecture (from the Latin ''Praefectura'') is an administrative jurisdiction traditionally governed by an appointed prefect. This can be a regional or local government subdivision in various countries, or a subdivision in certain international ...
laws. No regulations are in place to control images portraying sexual content of hentai in manga or anime.Japan main culprit in online child pornography
by Noriko Sakakibara of
The Daily Yomiuri The (lit. ''Reading-selling Newspaper'' or ''Selling by Reading Newspaper'') is a Japanese newspaper published in Tokyo, Osaka, Fukuoka, and other major Japanese cities. It is one of the five major newspapers in Japan; the other four are t ...
, ANN,
AsiaOne AsiaOne is Singapore's first pure play digital content platform, serving readers primarily in Singapore, Malaysia, and Hong Kong. AsiaOne was first launched in 1995 by Singapore Press Holdings and is currently a joint venture between mm2 Asia ...
. December 4, 2008
Supporters of regulating simulated pornography claim to advocate
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and children's rights such as the ''
Convention on the Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
''. Opponents such as the 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. The
constitutionality Constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When l ...
of proposed laws have been discussed, since Article 21 of the
Constitution of Japan The Constitution of Japan (Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution r ...
guarantees
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
,
press Press may refer to: Media * Print media or news media, commonly called "the press" * Printing press, commonly called "the press" * Press (newspaper), a list of newspapers * Press TV, an Iranian television network People * Press (surname), a fam ...
and all other forms of expression. The definitions of ''
obscenity An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be use ...
'', specifically written in law as "''arouses or stimulates the viewer's sexual desire''", have been argued as
ambiguous Ambiguity is the type of meaning (linguistics), meaning in which a phrase, statement or resolution is not explicitly defined, making several interpretations wikt:plausible#Adjective, plausible. A common aspect of ambiguity is uncertainty. It ...
.


See also

*
Legal status of fictional pornography depicting minors Legal frameworks around fictional pornography depicting minors vary depending on country and nature of the material involved. Laws against production, distribution and consumption of child pornography generally separate images into three catego ...
*
Laws regarding child pornography Child pornography is illegal in most countries, but there is substantial variation in definitions, categories, penalties, and interpretations of laws. Differences include the definition of "child" under the laws, which can vary with the age of ...
**
Child pornography laws in Australia Child pornography laws in Australia prohibit all sexual depictions of children under an age set by state and territory legislation. The relevant ages are under 16 in the Australian Capital Territory, New South Wales, Queensland and Western Austral ...
**
Child pornography laws in the United States Child pornography laws in the United States specify that child pornography is illegal under federal law and in all states and is punishable by up to 20 years' imprisonment or a fine of $5000. The Supreme Court of the United States has found child ...
**
Child pornography laws in Canada Child pornography laws in Canada forbid the production, distribution, and possession of child pornography, which are punishable by up to 20 years' imprisonment or a fine of $5,000. Visual and written representations Prohibition covers the visual ...
**
Child pornography laws in the United Kingdom Child pornography laws in England, Scotland, Wales and Northern Ireland are covered by the Protection of Children Act 1978 ("the 1978 Act"), which made it illegal to take, make, distribute, show, or possess for the intent of showing or distributing ...
**
Child pornography laws in the Netherlands Child pornography laws in the Netherlands declare child pornography illegal, making it one of the 103 out of 193 UN member states where it is illegal. Dutch law referring to child pornography According to the Wetboek van Strafrecht: * Article 2 ...
**
Child pornography laws in Portugal Child pornography laws in Portugal state that such pornography is statutorily criminalised in the Portuguese Criminal Code. Age of consent The age of sexual consent in Portugal is, in principle, 14 years of age. The participation of underage pe ...
**
Child pornography in the Philippines Child pornography in the Philippines and the growing commercial sexual exploitation of children in the Philippines have resulted in moves to combat this. In 2016, UNICEF declared that the Philippines is one of the top sources of child pornography. ...


References

{{DEFAULTSORT:Child Pornography Laws In Japan Child pornography law Japanese criminal law Childhood in Japan Japanese pornography Child sexual abuse in Japan