Japan likely to ban possession of child porn

[frigidmagi]

ABC

Japan is expected to pass long-awaited legislation this month banning the possession of child pornography.

It is illegal to create or distribute child porn but, until now, it has not been a crime to possess or buy it.

Controversially, manga and anime will be exempt from the new law.

Japan is one of the last developed nations to outlaw the possession of child pornography.

Production and distribution of child pornography was banned 15 years ago but expanding that legislation to include possession has faced persistent delays until now.


AUDIO: Japan expected to ban possession of child pornography (ABC News)
There was heated debate on the issue in the lower house of Japan's parliament this week but the bill is likely to be passed and sent to the upper house for approval later this month.

In the past, politicians have been concerned that a ban on possession could lead to abuse of police powers, and that it would limit freedom of expression.

The Japan Committtee for the United Nations Children's Fund (UNICEF) has long been vocal on the issue, campaigning to introduce a ban since 1997.

Spokesman Hiromasa Nakai says the organisation continued its 17-year campaign because banning possession was the international standard.

The revised law would ban possession of photographs and videos depicting real children, but anime video and manga comic books will be exempt.

Hiromasa Nakai says the two issues have been separated.

"It is my impression that many parliamentarians - not necessarily on the government side but on the opposition side, as well - they recognised the issue of both mangas and anime," he said.

"However this law itself is meant to protect the individual human rights, the human rights of the existing human being or the existing child.

"The issue of manga/anime is not an issue which directly affects the human rights of the child."

'Real' children not being damaged by manga or anime

Dr Carol Hayes is a lecturer in Japanese studies at the Australian National University in Canberra where she focuses on Japanese literature, language and pop culture.

She says manga and anime have been left out because they're not real representations.

"It's an imaginative creation and therefore it would be really hard to argue that it is real children who are being damaged by this," she said.

"If it's photography of actual children, then it's much easier to argue that it is damaging children."

Under the proposed bill, it would be illegal for people to possess child pornography "for the purpose of satisfying one's sexual curiosity".

Dr Hayes says what constitutes child pornography is not clear.

"It's not just possession of items - it's possession of items with a view to satisfying your own sexual desire or sexual curiosity and so that suggests to me that they could therefore argue that they are not doing that.

"So it is very grey - they're not even clear on what child is, except the definition seems to be from six to 13."

Japan is one of the world's major sources of child porn distribution, and while there are no real numbers, the US State Department describes Japan as an "international hub for production and trafficking of child pornography".

UNICEF's Hiromasa Nakai says while the proposed ban is a big step forward, debate will continue about the inclusion of manga and anime.

"Law reform itself is not the end of everything. It is just giving us a new start line to deal with this issue."

Let be clear here: Creating, selling or even giving away child porn has always been illegal in Japan. It's just that having it isn't. That said, I'm glad they're finally getting around to banning the possession of it. As for the anime and manga... It creeps me out big time. That said, there aren't any real children being abused here so... I guess banning it is to far? That said I don't think I would want much to do socially with a guy who collects comic books featuring kids being abused or having sex. That's like what, 50 million creepy points?

[rhoenix]

At least 50 million, yes. I'd say this is a good step, at the very least.

[Lys]

Huh, that was a weird loophole, good thing it's closed now. Also good thing they kept anime/manga out of it. Yeah it's damn creepy, paedophilia in general is, but those people are mentally ill, they don't choose to be that way. If some drawings give them an outlet for their urges without hurting anyone then that's a good thing, regardless of how uncomfortable it makes me or anyone else. It's not like there isn't a lot of other disturbing, fucked up stuff out there anyway. I know from experience, because once upon a time I actually went out of my way to try and see a little bit of everything there is porn wise. Partly out of curiosity about what humanity as a whole got off on, and partly because porn is funny. For my trouble I earned myself several instances of severe nausea, multiple anxiety attacks, and one time when I straight up fainted. People get off on really weird shit, but there's no real reason to single any one out and say it's not allowed. It's not like a person who gets off on pictures of people being torn apart and strangled with their own intestines is someone you want to associate with either.

[rhoenix]

Huh, that was a weird loophole, good thing it's closed now. Also good thing they kept anime/manga out of it. Yeah it's damn creepy, paedophilia in general is, but those people are mentally ill, they don't choose to be that way. If some drawings give them an outlet for their urges without hurting anyone then that's a good thing, regardless of how uncomfortable it makes me or anyone else. It's not like there isn't a lot of disturbing, fucked up stuff out there anyway. I know from experience, because once upon a time I actually went out of my way to try and see a little bit of everything there is porn wise. For my curiosity and trouble I earned myself several instances of severe nausea, multiple anxiety attacks, and one time when I straight up fainted. People get off to weird shit, there's no real reason to single any one out and say it's not allowed. It's not like a person who gets off on pictures of people being torn apart and strangled with their own intestines is someone you want to associate with either.

Lys, you do make a compelling point. I will heartily agree with you that looking for weird porn on the Internet is very much like Nietchze's gazing into the abyss (sometimes literally).

It's one thing if nobody's being harmed or anything by such a fetish - that's at least keeping the satisfaction of one's stranger urges within the context of living well in society. Even so though, I can't help but looking at it like a former smoker who sneaks out to the smoker's area for a couple of deep breaths (as odd as the comparison might be). You're at the point where you're not actually harming yourself or anyone else with smoke anymore, but you still want to sneak some from those who still do, with the rationalization that it's by smaller degrees.

Now, I know that comparison pre-supposes that there's something a little wrong with someone who wants to look at cartoons of kids having sex, with the implication that while the fetish is being satisfied with a non-harmful method, the fetish itself (to me, at least) speaks to some unresolved emotional or mental issues.

On the other hand though, if the society in which one lives considers it normal and even unremarkable, I can see how it would create fewer opportunities for self-reflection.

[White Haven]

Criminalizing possession of and viewing of child pornography can produce some really unpleasant knockon effects when it's taken to extremes. Under certain legal jurisdictions (and I'm disinclined to hunt up specifics simply because of the 'oh dear fuck why did I click on that' chance when googling about the subject), extremely strict laws on the subject can make life... interesting... for IT people who stumble across it, in particular computer forensics types. I'm not saying that these things should be legal, simply that legislation regarding child pornography needs to be both written with the existence of the IT industry in mind, and in cases when it predates that industry it needs to be rewritten to take account of same.*

As for the illustration caveat, I can't help but find myself in favor of that wholeheartedly. People don't choose their kinks, and if someone can satisfy themselves on victimless art they're not supporting an underground industry that actually abuses children. Remove the legal pressure valves and the kinks don't go away, they just go unsatisfied until someone does something tragic.

*Just off the cuff, any computer repair shop could be fucked by possession laws with zero warning, and the only defense its would have is 'officer, I swear, those's not mine!' Data backup and recovery is a very common service, and that data has to reside somewhere during the process. If that data includes child pornography, the tech sure as hell doesn't know about it, but it still exists on shop-owned property. Possession, bam. Given our society's massive hate-on for pedophilia, it's not unreasonable to fear extreme skepticism from the justice system for a defense that they quite literally hear every day from people who are guilty as hell and can't think of any better excuse.