Summary of Events: Japan’s lucrative pornography industry is relatively liberated by many standards. Although the law prohibits the visual depiction of genitalia [1], there exists a wealth of material to satisfy an impressive variety of niche interests. Only in 1999 was the commercial production and distribution of child pornography outlawed [2], and while this marks a step forward for the protection and welfare of children, there are some who would fight to see the ban include purely fictional representations of underage sexuality, such as that portrayed in erotic anime, manga, and computer games – the production of which does not by necessity involve any real children, much less a victim [3]. Not only would such a move be a huge strike against the freedom of expression, but it could potentially introduce more – not less – danger for children [4].

In the spring of 2008, the Japan Committee for UNICEF, a Japanese organization supporting the United Nations Children’s Fund (UNICEF), led by Ambassador Agnes Chan, launched a campaign (Say ‘No’ to Child Pornography) which, in addition to pushing for an update to Japan’s child pornography laws that would outlaw simple possession (versus possession with intent to distribute, which is already illegal), adopts a view of opposition against even fictional material that depicts minors in a sexual context.

The National Diet of Japan (the country’s bicameral legislature) was subsequently inundated with petitions and proposals in line with those goals, and agreed, in June (of 2008), to discuss the illegalisation of simple possession of child pornography, while postponing action related to restrictions on fictional media until after conducting a three year investigation into their effects on society. Generally speaking, the ruling party (Liberal Democratic Party) and their coalition partner, the New Komeito Party, have led the push for increased regulations, while the opposition party (Democratic Party of Japan) and the Social Democratic Party have voiced concerns over the civil liberties at stake under the proposed legislative reforms.

During the following November (2008), the liability of Japan’s liberal pornographic industry in the worldwide dissemination of what may be considered child pornography was addressed in UNICEF’s World Congress III Against Sexual Exploitation of Children and Adolescents, held in Brazil. Back in Japan, debates over the details of the ban on simple possession raged on in the Diet into the summer of 2009, at which point the current session was dissolved, without an agreement having been reached.

Meanwhile, during the spring of 2009, the publicity surrounding the pulling of a Japanese rape simulator game from Amazon’s online store alerted women’s rights action group Equality Now to the alleged prevalence of sexual violence and discrimination in Japanese erotic fiction media. Their complaints led to a public focus on Japan’s eroge (erotic game) industry – forcing the EOCS (Ethics Organization of Computer Software), a self-regulated ratings board [5], to pass increased restrictions on controversial elements in eroge, as a result of media pressure. Additionally, various eroge companies chose to restrict access to their websites to Japanese browsers only, likely in an attempt to discourage further international scrutiny.

In a letter sent in advance of the UN’s 44th Session of the Convention on the Elimination of Discrimination Against Women (CEDAW), held in the summer (2009), Equality Now expressed their dissatisfaction with the extent of Japan’s response to their complaints, urging further action be taken to comply with international standards regarding the elimination of the misogynistic stereotypes they perceive as being rampant in the media of Japanese hentai and other forms of extreme pornography.

Those who are calling for Japan to introduce new restrictions on its pornography industry are acting in the name of women’s rights and children’s welfare. These intentions, noble that they are, are difficult to argue against. But if these organizations and individuals have their way, they will unwittingly be infringing on the freedom of women (to express themselves through the medium of erotic fiction) and potentially endangering the lives of children (by removing a cathartic outlet from a potential offender’s repertoire) – all in the name of good intentions. Time will tell whether Japan chooses the path of liberty, or safety.

————

TIMELINE

Notes:
* Dates refer to when each item was reported in the news. Therefore, in some cases, dates may correspond to the actual event described only approximately. Furthermore, the date of reporting may vary by news source.
* Unless otherwise indicated (and color-coded in blue), events are assumed to have occurred in Japan.
* Bolded entries indicate important key events.
* Please exercise caution when clicking on sources, as not all news sites utilized for this timeline are safe for work.
* Common Japanese terms:
anime = “animation”
manga = “comics”
eroge = “erotic games”
hentai = “perversion”, can refer to “pornographic anime or manga”
bishoujo = “beautiful girl”
otaku = “obsessed fan”
lolicon = “Lolita Complex”

-2006-

- Mar.10.06: [USA] Convicted on November 30, 2005, Virginia resident Dwight Whorley is sentenced to 20 years in prison, as a result of accessing child pornography online. Of special note is the fact that in addition to receiving real child pornography, Whorley was also convicted on counts of both receiving 2D virtual child pornography (identified as Japanese anime/manga) and exchanging private textual emails describing graphic incestuous sexual relations. [1] [2]

-2007-

- Oct.25.07: Results from a survey (Special Opinion Poll on Harmful Materials) conducted by The Japanese Cabinet Office in September reveal that when pressed, 86.5% of Japanese feel that manga and illustrations should be subject to child pornography laws. Additionally, 90.9% believe that simple possession of child pornography should be illegal. However, only 27.3% of the participants claimed to be aware of the issues concerning these “harmful materials”, and only 58.9% of those asked responded to the poll. Considering the nature of the questions, and the fact that the survey was conducted in face-to-face interviews, the validity of these results is not above suspicion. [1] [2]

-2008-

- Mar.11.08: With the support of Microsoft and Yahoo, Japan’s branch of UNICEF (United Nations Children’s Fund) launches their Say ‘No’ to Child Pornography campaign, vowing to illegalise simple possession of child pornography in Japan, while also speaking out against virtual depictions of underage sexuality in anime, manga, and computer games. Furthermore, they warn of the dangers of the junior idol industry, as well as that of adults posing as minors for erotic purposes. [1] [2] [3] [4]

- May.20.08: The Japanese Diet is set to hear “A Petition for the Enactment of Regulation on the Manufacture and Sale of Bishoujo Adult Anime Magazines, and Bishoujo Adult Anime Simulation Games”, which calls for an abolishment of the sexualization of young females within those media. [1] [2]

- May.23.08: There is a huge public backlash against the petition to reform bishoujo games. [1]

- Jun.7.08: Adult game magazine “PC Angel neo” issues an official statement criticizing the petition to reform bishoujo games. [1]

- Jun.12.08: The Japanese Diet decides to postpone their decision on how to deal with “virtual child pornography” (such as that depicted in anime/manga) until after a three year investigation. Otherwise, simple possession of actual child pornography is set to be made illegal. [1] [2]

- Jul.6.08: A petition makes it clear that many defenders of freedom of expression (especially among the artistic community) are in opposition to any future restrictions on fictional depictions of underage sexuality. [1] [2]

- Oct.4.08: The petition opposing future restrictions on fictional “child pornography”, now in excess of 20,000 signatures, is to be presented to the Diet. [1] [2]

- Oct.10.08: [USA] Iowa resident Christopher Handley is charged for possession (and transportation across state lines) of obscene materials under the PROTECT Act, allegedly for drawn (not photographic) depictions of underage sexuality found among his manga collection. [1] [2]

- Oct.11.08: In preparation for an international conference discussing the problem of child pornography available on the internet, UNICEF Japan, headed by Agnes Chan, decries the climate in Japan, referencing the lack of a law against simple possession of child pornography, as well as the sexualization of minors in anime – with a specific emphasis on the fetishization of children wearing swimsuits in anime. [1] [2]

- Oct.20.08: Another petition, comparable to that presented the previous May, this one titled “A Petition for Legislation to Restrict the Sale and Production of Bishoujo Adult Anime Magazines and Bishoujo Adult Anime Simulation Games” is presented to the Diet by DPJ member Muneaki Murai. A different petition opposing the proposed restrictions on “bishoujo” media, this time presented by a politician (Social Democrat Nobuto Hosaka) and not the public, demands clearer legal definitions for child pornography, and an explicit exception to be made for fictional works. His concerns include false accusations, abuse of search privileges, invasion of privacy, and an extreme shift towards a police state. [1] [2]

- Nov.25-28.08: [Brazil] For UNICEF’s “World Congress III Against the Sexual Exploitation of Children”, Japan’s branch of the organization presents their case. Discussions include the topics of underage prostitution and real child pornography, but in addition, Dr. Ethel Quayle rails against the proliferation of underage sexuality rampant in the fictional realms of anime and manga. [1] [2]

- Dec.08.08: [Australia] A man convicted for possession of virtual child pornography, as the result of downloading pornographic images parodying The Simpsons, is sentenced to a fine and probation. Despite arguing that the images are drawn and not representations of real people, the Supreme Court dismisses the man’s appeal, citing that the images in question could “fuel demand for material that does involve the abuse of children”. [1]

- Dec.10.08: [Russia] A Russian censorship committee accuses Great Teacher Onizuka of being “paedophiliac propaganda”. [1]

- Dec.10.08: Without explanation, Amazon Japan bans various erotic manga titles that include content featuring underage sexuality and fetishes such as rape and bestiality. [1]

- Dec.16.08: 2ch musters some statistics to combat UNICEF’s claims that Japan’s lax laws against child pornography, and its fictional child pornography industry, correlate with higher crime rates involving the sexual abuse of minors. [1]

- Dec.19.08: [USA] Serving 20 years in prison, Virginia resident Dwight Whorley’s 2005 child pornography conviction is upheld – on all counts – in a 2-1 ruling, on appeal to the 4th U.S. Circuit Court of Appeals. In response to the issue of fictional depictions of underage sexuality, a judge determines that “it is not a required element of any offense under this section [of the PROTECT Act of 2003] that the minor depicted actually exists.” [1] [2]

-2009-

- Jan.14.09: Agnes Chan, of UNICEF Japan, presents a petition carrying over 100,000 signatures to the Japanese government, requesting that they pass legislation with increased penalties for simple possession of child pornography. [1]

- Jan.26.09: [UK] The Criminal Justice and Immigration Act 2008 goes into effect, criminalizing possession of “extreme” pornography, including depictions of sexual violence, necrophilia, and bestiality (regardless of whether or not it is staged). The legislation was proposed in the aftermath of a violent crime in which it was suggested that exposure to violent pornography precipitated the crime. [1] [2]

- Feb.13.09: As a result of the publicity in an online UK news article, Amazon.com removes Japanese rape simulation game RapeLay from their store, without explanation. [1]

- Feb.19.09: Kunio Hatoyama, Japan’s Minister of Internal Affairs and Communications, asserts his opinion that freedom of expression is irrelevant when it comes to outlawing [even simple possession of] child pornography. [1]

- Mar.5.09: In her online diary, UNICEF Japan ambassador Agnes Chan addresses a question received by mail, and goes on to explain that she does not hate otaku in general – in fact, she respects their dedication to that which interests them – but she thinks lolicon otaku need to reform. [1]

- Mar.10.09: [UK] The Coroners and Justice Bill introduced in January is currently undergoing debate in British Parliament. Among other things, the bill is set to outlaw all depictions of underage sexuality, including drawn illustrations. Concerning the banning of pornographic “cartoons” – the creation of which does not, by necessity, involve the abuse of any real victim – Maria Eagle cites the danger inherent in the fact that “an offender could easily exploit [a child's] familiarity [with cartoons].” George Howarth hints at the reasoning behind the legislation, focusing less on the protection of children and more on the curtailing of so-called “paedophile activity”, utilizing some dubious logic: “if the image in question is…of an obscene character but does not have a child as a victim, is it not arguable that, by extension, all children are victims of that image?” [1] [2] [3]

- Mar.19.09: The DPJ (Democratic Party of Japan) proposes amendments to the legislation relating to child pornography, outlining penalties for commercial distribution while suggesting that simple possession not be punishable, citing the potential for abuse of search powers by the state. [1] [2]

- Mar.26.09: [UK] The NSPCC (National Society for the Prevention of Cruelty to Children) lends their support to the UK’s recently proposed legislation against non-photographic depictions of underage sexual abuse, stressing “the wider, damaging impact that such images could have on society,” in lieu of there being any direct victims. [1]

- Apr.12.09: [Philippines] A bill is approved in the Philippines which will illegalize all depictions of explicit underage sexuality, including non-photographic material. The bill specifically mentions the threat of Japanese hentai involving underage characters. [1]

- May.8.09: Women’s rights action group Equality Now, after hearing of the earlier RapeLay controversy in the UK, convinces Amazon Japan to also pull the game, and as part of Women’s Action 33.1, initiates a campaign to raise public awareness and speak out against the discrimination of and violence against women and girls in Japanese anime, manga, and computer games. They urge would-be contributors to send complaints to Japanese politicians as well as those involved with the production and distribution of the offending material. [1]

- May.11.09: Originally ignored by RapeLay publisher Illusion, Equality Now’s complaints against the game’s depiction of sexual violence against women reach the Japanese media, and Illusion quietly erases all traces of the game on the retail market without offering an official explanation. [1]

- May.12.09: Equality Now’s legal representative in Japan announces the group’s belief that, by means of the internet, the supposed proliferation of misogyny via Japanese pornography is becoming an issue of international concern. [1]

- May.20.09: [USA] Christopher Handley pleads guilty to charges of “possessing obscene visual representations of the sexual abuse of children” (in the form of drawn Japanese manga), “moved in interstate commerce”, under Title 18, United States Code, Section 1466A(b)(1). His sentence is pending. [1] [2]

- May.21.09: The New Komeito Party, ally to the LDP (Liberal Democratic Party), speaks out against the considerably harmful effects of violent sex games, as compared to regular pornography, as part of their “Project Team for Creating a Protective Rearing Environment for Children”, and recommends action be taken against such materials. [1]

- May.29.09: The EOCS (Ethics Organization of Computer Software), a self-regulated ratings board, and the largest for the eroge industry, is reported to be pursuing a ban on games including rape and sexual violence, as a result of the negative publicity surrounding the RapeLay incident. Whether this is just a superficial move to assuage politicians and the media, or is intended to usher in a serious change for the industry, is unclear. [1]

- May.29.09: The previous report on EOCS’s supposed ban of rape games is found to have been the result of inaccurate reporting. The truth is that the group will be meeting on June 2nd to decide their course of action. [1]

- May.29.09: In a session held by the LDP, the Ministry of Economy, Trade, and Industry offers reassurance that the production and distribution of RapeLay has been restricted, and that discussions are currently being held to determine the fate of other sexually violent games. [1]

- Jun.1.09: In an example of things to come, Syrup soft delays their upcoming eroge by a week and alters the title to remove the words “rinkan” (gang rape), and “shoujo” (girl), rendering it slightly more discreet. [1] [2]

- Jun.2.09: Despite the previous report having jumped the gun, the EOCS decides in a meeting that the ban on rape games is indeed unavoidable, and the group members thus spend their time discussing what the details of the ban will have to be. [1]

- Jun.8.09: The New Komeito Party exerts pressure on the Diet to follow through on passing legislation against child pornography, citing international opinion that Japan is shamefully lagging behind the rest of the world on banning such material. [1] [2]

- Jun.10.09: [Sweden] The Queen of Sweden echoes Agnes Chan’s recommendation that Japan illegalise simple possession of child pornography in an interview conducted by Yomiuri Shimbun in Stockholm. [1] [2]

- Jun.12.09: The Institute of Contents Culture meets to discuss the issue of eroge censorship. They cover the following topics: which organizations are pushing for restrictions and what their motivations are, what’s happening internationally, the situation within the eroge industry, and what the Japanese can do to fight back. [1]

- Jun.13.09: Various eroge titles are modified to eliminate references to controversial elements (especially rape and slavery). [1] [2]

- Jun.13.09: Norn (an eroge publisher) postpones in-store release of a game titled Inugami-sama (Dog Goddess), citing concerns about the impending ban of fetish elements – expected to include non-human heroines and the theme of pregnancy. [1] [2]

- Jun.18.09: [USA] The 4th U.S. Circuit Court of Appeals votes 10-1 against reviewing Virginia resident Dwight Whorley’s appeal for a 2005 child pornography conviction. Encouraging an appeal to the Supreme Court, the sole dissenting judge brings to light the potentially dangerous implications of ruling virtual child pornography, and especially private textual communications, illegal. [1]

- Jun.23.09: Police raid doujin bookshop Tachibana Shoten in Akihabara and confiscate suspected child pornography, though details – such as whether it was actual or fictional material, or adults portrayed as minors – are unclear. There is speculation that the move was perpetrated in order to have an arrest on the books to reference in the upcoming political conference regarding the child pornography issue. [1]

- Jun.24.09: The EOCS’s new guidelines on unaccepted content in eroge are revealed to include a rather large variety of elements, including many violent and taboo sexual relations, various BDSM practices, terms that suggest the involvement of underage girls, and even pregnancy, among other things, thus severely restricting the freedom of sexual expression within the industry. [1] [2]

- Jun.24.09: Minori (an eroge company) restricts website access to allow only Japanese users, allegedly to prevent further foreign outcry against the Japanese eroge industry. [1]

- Jun.26.09: Minori qualifies its website restriction, imploring sympathetic foreigners to spread the word and complain about censorship to Japanese politicians. [1]

- Jun.26.09: The Diet holds a conference on the proposed legislative reform concerning child pornography. Hanashi Yasuhiro, of the LDP, takes a hardlined stance against child pornography, criticizing the merits of even partial nudity of minors, without regard to any artistic considerations whatsoever, and even going so far as to criticize adults who pose as minors for erotic purposes. Edano Yukio of the DPJ and Hosaka Nobuto of the SDP (Social Democratic Party) take a more reasonable stance, expressing concerns about potential injustices, the difficulty of determining a person’s “sexual purposes”, and the need to exempt artistic and fictional works from being prosecuted as child pornography. Various professionals speak in defense of either side, with Agnes Chan and Criminal Law Professor Maeda Masahide agreeing that even minors wearing swimsuits could be considered child pornography. [1] [2]

- Jun.30.09: Visual novel news site Visual Antenna and studio Yuzu Soft join Minori in restricting website access to allow only Japanese users. [1]

- Jul.1.09: A new leak from the EOCS reveals that the stricter judging criteria on eroge will begin in October, with older rape games being gradually phased out of commercial distribution. [1]

- Jul.1.09: AV (Adult Video) developers lament the secondary effects the restrictions on underage sexuality will have on the Japanese pornography industry, concerned that to avoid arousing suspicion of dealing in child pornography, they will be forced to err on the side of caution and produce only material with unambiguously older models. [1] [2]

- Jul.6.09: Agnes Chan denounces freedom of expression with respect to underage nudity. [1] [2]

- Jul.6.09: Results of an online survey indicate that 98.4% of Japanese believe that simple possession of child pornography should not be illegal. [1] [2]

- Jul.7.09: [Ukraine] The Ukrainian government passes a law that bans possession of all pornography, except for medicinal uses. [1]

- Jul.8.09: The CEO of Minori explains that their website restriction is to prevent foreign users from accessing content that may be illegal in their country. [1]

- Jul.9.09: Two men are arrested and fined for posting links to child pornography on an internet forum; the two students running the site where the links were posted are also arrested. [1]

- Jul.14.09: LDP politician Eriko Yamatani petitions the Diet to ban “harmful” internet sites as well as games depicting sexual violence, to protect the human rights of women and children. [1] [2]

- Jul.14.09: The DPJ attempts to introduce revisions to the LDP’s proposed ban on simple possession of child pornography. While agreeing that a ban is necessary, the opposing parties are unable to reach an agreement on the terms of the ban. [1] [2]

- Jul.15.09: In her online diary, Agnes Chan tempers her excitement that simple possession of child pornography will be outlawed with disappointment that an agreement couldn’t be made before the close of the Diet’s current session. [1]

- Jul.21.09: With no agreement reached and the current session of the Diet disassembled, the future of the ban on child pornography becomes unclear as the coming elections loom. [1] [2]

- Jul.23.09: Equality Now addresses the flood of criticism (dubbed “hate mail and threats”) over its campaign to end the discrimination of women in Japanese rape simulator games. In response to claims of low crime rates in Japan, EN states its belief that it does not serve “any purpose to excuse crimes in one country by pointing out that there are more in another.” [1]

- Jul.24.09: In a preparatory letter sent in advance of the UN’s 44th Session of the CEDAW (Committee on the Elimination of Discrimination Against Women), Equality Now brings to attention their perspective on Japan’s supposed obligation to combat stereotypes relating to rape as portrayed in the media of “hentai and other forms of extreme pornography”. They claim that the recent actions taken in response to the publicity over the RapeLay incident are insufficient, and urge the committee to address these concerns in the hopes that further action will be taken. [1]

- Jul.27.09: Illusion (the company that created RapeLay) announces its latest game, Yuusha Kara wa Nigerarenai, which, in what could be interpreted as some form of response to Equality Now’s criticisms, features the theme of “reverse-rape”, in which the main character, a male, is threatened with the prospect of being raped by women. [1] [2]

- Aug.6.09: In an interview with Yomiuri Shimbun, Agnes Chan likens the internet to a highway by which child pornography spreads, escaping from countries with tighter restrictions to those with looser restrictions, thus contributing to the difficulty of stamping it out. She reiterates her desire to see Japan tighten its own laws and ban simple possession. [1] [2]

- Aug.16.09: Microsoft bans an independently developed Japanese dating game, Sore de mo Watashi wa Aishiteru (“Even So, I Love You”), from their Xbox Live “Indie Games” program for a scene in which a girl is pushed to the ground, exposing her underwear in the process, as a result of the scene being “reminiscent of sexual violence”. The developer was threatened with account termination if he did not stop distribution of the game. [1] [2]

- Aug.20.09: In a closing statement following the end of the UN’s 44th session of CEDAW, the Committee “urges the State party [of Japan] to strengthen its strategies to combat pornography and sexualization in the media and advertising” amidst concerns that “the prevalence of pornographic video games and cartoons featuring rape, gang rape, stalking and the sexual molestation of women and girls” normalizes and promotes sexual violence, and “strongly urges the State party to ban the sale of video games or cartoons involving rape and sexual violence against women”, expressing “concern that these video games and cartoons fall outside the legal definition of child pornography.” [1]

- Sep.23.09: Supported by the UN, Equality Now calls on the Democratic Party of Japan, the newly elected ruling party, to meet international standards regarding discrimination against women, by instating a “government-mandated uniform standard” that would “make it illegal to produce games that promote violence against women and girls”. By EN’s standards, the EOCS rating board’s increasing restrictions are not sufficient to curtail freedom of speech to a satisfactory extent. [1]

- Oct.7.09: In a news conference in Tokyo, UNICEF (main body) executive director Ann Veneman repeats the familiar statements regarding Japan’s lack of a ban on simple possession of child pornography, and the concern about the global leaking of illegal material through the internet (even though Japan has strict laws against the distribution of child pornography). She continues on to echo Agnes Chan’s previous declaration that freedom of expression is irrelevant where the harm of children is [allegedly] concerned. Ironically, Veneman dismisses the possibility of civil rights infringements on account of a free press (which, without freedom of speech, would not be free). [1]

- Oct.11.09: [USA] Prosecutors and state legislators in Alaska are pushing to expand child pornography law to criminalize sexually explicit drawings and computer-generated cartoons of children, on the basis that such images are “graphic and disturbing”, and that, while not harming any real children during their production, they could be used to “groom” children for abuse. [1]

- Oct.22.09: [Canada] Two twins are charged and sentenced for downloading child pornography, 90% of which has been admitted to be drawn anime images. The judge justifies the conviction, arguing that “the images creates a market, whether anime or live images, and victimizes the people that are most vulnerable.” One of the twins’ offenses is considered more serious, with a higher risk to re-offend, based solely on evidence of the existence of an attraction to young boys. [1]

- Nov.12.09: [UK] The Coroners and Justice Bill (introduced above at the Mar.10.09 entry), which criminalizes fictional images of underage sexuality, receives Royal Assent and becomes an Act of Parliament. [1]

- Nov.20.09: [Philippines] The Anti-Child Pornography Act of 2009 (introduced as a bill in the Apr.12.09 entry above), is signed into law, an action commended by the Ambassador of the European Union. The Act criminalizes “any representation, whether visual, audio, or written by electronic, mechanical, digital, optical, magnetic or any other means, of a child engaged or involved in real or simulated explicit sexual activities”, punishable by life imprisonment. As mentioned above, this includes entirely fictional material. [1]