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NEWS: Kobe Man Arrested for Selling 3 Obscene Illustrations


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Brent Allison



Joined: 01 Jan 2011
Posts: 2444
Location: Athens-Clarke County, GA, USA
PostPosted: Tue Jun 19, 2012 12:32 pm Reply with quote
Touma wrote:
Is that a joke?
If you really are serious then blame the American publishers for releasing it uncensored.
And blame yourself for watching it.


It was a half-joke. Of course I see enforced mosaics on genitalia in art as an anachronism incompatible with contemporary liberal democracy. Still, Japanese officials have claimed that the censorship serves some sort of purpose to protect "public morals", defend against "prurient interests" or somesuch. If that's the case, then if they allow uncensored genitals in art for export, then they really do not value the morals of the people in other countries, do they? We in the States can get all of those lustful urges and...think or do other bad things or whatever else people allegedly do with uncensored genitals (I know, it's a stretch, work with me here). I mean it has to be bad (to them), or else they wouldn't censor it for the benefit of their own population, right? But we're not deserving of the same protection. That's what makes the export factor mildly insulting, even if I do think that this sort of "protection" is really dumb.
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walw6pK4Alo



Joined: 12 Mar 2008
Posts: 9322
PostPosted: Tue Jun 19, 2012 12:39 pm Reply with quote
Brent Allison wrote:
Touma wrote:
Is that a joke?
If you really are serious then blame the American publishers for releasing it uncensored.
And blame yourself for watching it.


It was a half-joke. Of course I see enforced mosaics on genitalia in art as an anachronism incompatible with contemporary liberal democracy. Still, Japanese officials have claimed that the censorship serves some sort of purpose to protect "public morals", defend against "prurient interests" or somesuch. If that's the case, then if they allow uncensored genitals in art for export, then they really do not value the morals of the people in other countries, do they? We in the States can get all of those lustful urges and...think or do other bad things or whatever else people allegedly do with uncensored genitals (I know, it's a stretch, work with me here). I mean it has to be bad (to them), or else they wouldn't censor it for the benefit of their own population, right? But we're not deserving of the same protection. That's what makes the export factor mildly insulting, even if I do think that this sort of "protection" is really dumb.


No, there's no moral or ethical reasoning behind the law that keeps it relevant in today's society. They have it because it's old and they haven't removed it yet from the books. Just like all of the obsolete or inane laws we have across the States that serve no purpose. The obscenity laws are almost a joke anyway, when all an artist has to do to skirt them is have a slightly darkened bar black across strategic areas of the genital. That's usually what you get in non-moving images, full-mosaic isn't too common.
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mangamuscle



Joined: 23 Apr 2006
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PostPosted: Tue Jun 19, 2012 1:00 pm Reply with quote
Let me see if I understand this arrest, an adult man draws some human figure with genitalia and sells it over the internet to another adult for $20 USD and now he faces two years in prision or a fine of $32,000 USD? Either I understand it wrong or that japanese law was written on 19th century european puritanism.
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walw6pK4Alo



Joined: 12 Mar 2008
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PostPosted: Tue Jun 19, 2012 1:29 pm Reply with quote
mangamuscle wrote:
Let me see if I understand this arrest, an adult man draws some human figure with genitalia and sells it over the internet to another adult for $20 USD and now he faces two years in prision or a fine of $32,000 USD? Either I understand it wrong or that japanese law was written on 19th century european puritanism.


Most likely because he didn't include a miniscule black bar. "Thank God this is censored, otherwise I might have been offended" never rang truer than here.
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Chagen46



Joined: 27 Jun 2010
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PostPosted: Tue Jun 19, 2012 1:41 pm Reply with quote
mangamuscle wrote:
Let me see if I understand this arrest, an adult man draws some human figure with genitalia and sells it over the internet to another adult for $20 USD and now he faces two years in prision or a fine of $32,000 USD? Either I understand it wrong or that japanese law was written on 19th century european puritanism.


Given how the "must censor porn" law was written by the US after WWII, that last statement of yours is oddly correct.
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TitanXL



Joined: 08 Jun 2010
Posts: 4036
PostPosted: Tue Jun 19, 2012 1:42 pm Reply with quote
mangamuscle wrote:
Let me see if I understand this arrest, an adult man draws some human figure with genitalia and sells it over the internet to another adult for $20 USD and now he faces two years in prision or a fine of $32,000 USD? Either I understand it wrong or that japanese law was written on 19th century european puritanism.


Everything so far is people assuming things. We know nothing of what happened. And you know what happens when you assume things.
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mdo7



Joined: 23 May 2007
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Location: Katy, Texas, USA
PostPosted: Tue Jun 19, 2012 1:56 pm Reply with quote
UtenaAnthy wrote:
mdo7 wrote:
UtenaAnthy wrote:
mdo7 wrote:
Also Japan has censored any games with graphic violence and gore like for example Call of Duty Black Ops despite having movies and manga with over the top graphic violence like Machine Girls, Tokyo Gore Police, Suicide Club. There was edits that Japan did which is on the same level as 4kids like how Japan did for Beast Wars: Transformers.


Chuck and Morgan must be bummed about that. And that Transformers: Beast Wars dub is kinda... crappy.


uh, Chuck and Morgan??? I'm a little lost there, is that a reference to something??


http://chuck-nbc.wikia.com/wiki/Call_of_Duty_4

Oh OK, I've never watch Chuck so I wouldn't have understand this reference if you haven't posted the link.
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soft-n-fluffy



Joined: 30 Sep 2010
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PostPosted: Tue Jun 19, 2012 2:23 pm Reply with quote
It must have been really bad... that or he's being made an example of. I mean, there's the more horrible loli abortion torture porn and such on pixiv.
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Brent Allison



Joined: 01 Jan 2011
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Location: Athens-Clarke County, GA, USA
PostPosted: Tue Jun 19, 2012 2:25 pm Reply with quote
walw6pK4Alo wrote:
No, there's no moral or ethical reasoning behind the law that keeps it relevant in today's society. They have it because it's old and they haven't removed it yet from the books.


Well if it's that simple, then a routine legislative repeal would address the issue. There's an obvious constituency favoring repeal. So if the political barriers are as low as you claim, then why is it still on the books save for simple inertia?
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walw6pK4Alo



Joined: 12 Mar 2008
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PostPosted: Tue Jun 19, 2012 2:31 pm Reply with quote
Chagen46 wrote:
mangamuscle wrote:
Let me see if I understand this arrest, an adult man draws some human figure with genitalia and sells it over the internet to another adult for $20 USD and now he faces two years in prision or a fine of $32,000 USD? Either I understand it wrong or that japanese law was written on 19th century european puritanism.


Given how the "must censor porn" law was written by the US after WWII, that last statement of yours is oddly correct.


Wrong. That obscenity law is over a century old:

In Japan, under Article 175 of the Criminal Code of Japan people who sell or distribute obscene materials can be punished by fines or imprisonment. Article 175 was included in the original document in 1907 and remains relatively unchanged.
http://en.wikipedia.org/wiki/Pornography_in_Japan#Censorship_laws

You "can" blame America for not forcing the Japanese to remove it like they did with other forms of censorship, but that's kind of ridiculous. That kind of action really should have been left up to the Japanese, and surprise, they continue making the wrong choice every time the Diet is in session.

Recent controversies have frowned upon both pubic hair and even genitalia itself being displayed in works of art and in educational settings.

Japan really can be so ass-backwards in certain regards. Do tourists running screaming out of the Met and Louvre because of naked busts? Does David offend them? It's like the Simpsons episode where Marge takes things too far, except it's real, and ingrained in their society.

Brent Allison wrote:
Well if it's that simple, then a routine legislative repeal would address the issue. There's an obvious constituency favoring repeal. So if the political barriers are as low as you claim, then why is it still on the books save for simple inertia?


It could be a highly unfavorable platform to have tied to your name. We never see it brought up, so there must also not be much of voice to the political opposition for that law.
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Brent Allison



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PostPosted: Tue Jun 19, 2012 2:45 pm Reply with quote
walw6pK4Alo wrote:
It could be a highly unfavorable platform to have tied to your name. We never see it brought up, so there must also not be much of voice to the political opposition for that law.


But if there's no moral or ethical reasoning behind the law, then why would repealing it be unfavorable for a Diet member? Moreover, I don't read much news about industry lobbying in Japanese politics, but it would not be much of a stretch of the imagination to assume that at least some sector of Japan's entertainment industry would favor repeal. Even a Diet member or two would have to assume that consumers of erotica would favor repeal as well. This story even provides a voice for repealing the law. "Oh my, a man in Kobe had his life ruined because of an obsolete law. Perhaps I should introduce a bill that repeals this law so that it doesn't happen again."

Point being, if there is no moral or ethical reasoning behind the law, nothing would prevent its repeal. The only plausible reason I can think of as to why the law is still on the books - and enforced - is that enough people (numerically and/or in power) think that uncensored genitalia is somehow bad morally or ethically. Otherwise its continued existence makes no sense.
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walw6pK4Alo



Joined: 12 Mar 2008
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PostPosted: Tue Jun 19, 2012 2:51 pm Reply with quote
It means the wrong people are in charge, and remain to be. Maybe I'm using my own set of cultural norms instead of trying to see their's, but if the country was morally opposed to sex and sexual imagery, then why does Japan produce so goddamn much porn? And not just any porn, there's a reason why we label it weird Japanese porn. All the law does is slightly obscure the genitals, while a woman is having eels shoved into her.

What does not make sense is: "I'm morally opposed to seeing genitals uncensored, but everything else is just fine."

You can have all the sugar and carbohydrates you want, but god forbid any of it be from high fructose corn syrup. What they're doing is attacking a centralized focus point, but not the larger picture. They don't even care about the larger picture.
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Brent Allison



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Location: Athens-Clarke County, GA, USA
PostPosted: Tue Jun 19, 2012 3:49 pm Reply with quote
BBC News wrote:
The [Japanese] Supreme Court [in 1957] declared obscenity was anything "unnecessarily sexually stimulating, (which) damages the normal sexual sense of shame of ordinary people, or is against good sexual moral principles". Source: http://news.bbc.co.uk/2/hi/asia-pacific/3391951.stm, "Japanese manga ruled obscene"


There you go. Showing or drawing an uncensored glans or the clitoris is "unnecessarily sexually stimulating" for "ordinary people", but shoving eels into a vagina isn't.

My culturally relativistic self says, "Some societies have an internal cultural logic that regulates certain forms of sexual expression based on differing conceptions of gender and the body."

My everyday self says, "Yes uncensored genitalia can be sexually stimulating. And?"
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FLCLGainax





PostPosted: Tue Jun 19, 2012 4:26 pm Reply with quote
I believe possession of porn was not yet legal in the US either during the American Occupation. The Supreme Court didn't relax obscenity laws until the 1960's. Correct me if I'm wrong.

Last edited by FLCLGainax on Tue Jun 19, 2012 4:53 pm; edited 3 times in total
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Brent Allison



Joined: 01 Jan 2011
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Location: Athens-Clarke County, GA, USA
PostPosted: Tue Jun 19, 2012 4:44 pm Reply with quote
FLCLGainax wrote:
I believe possession of porn was not yet legal in the US either. The Supreme Court didn't relax obscenity laws until the 1960's. Correct me if I'm wrong.


U.S. obscenity law was very much in flux in the 1960s as the SCOTUS kept trying to determine how to apply Roth v. United States (1957) to a variety of cases. Miller v. California (1973) was the precedent-setting result of that struggle that gave us the famous Miller Test.
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