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NEWS: LDP Petition: Japan's Child Porn Laws Should Apply to Manga/Anime/Games


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yuna49



Joined: 27 Aug 2008
Posts: 3804
PostPosted: Mon Oct 03, 2011 4:25 pm Reply with quote
configspace wrote:
What about pics taken by your girlfriend voluntarily and sent to you?


You mean this? Florida eases penalties for teen sexting
You've got to love a law that requires that a teen-ager who receives a naked picture from his underage girlfriend turn her in or be guilty of receiving "child porn." Note that deleting the picture is not enough; you must report the sender to avoid being prosecuted yourself.

BTW, this law is considered to be a liberalization of Florida's statutes

Whether teen-agers have First Amendment rights in the US has recently become an interesting judicial issue. Nearly all such pictures would fail to meet the "obscenity" requirements of Miller v California, so they would fall within the purview of speech protected by the First Amendment. Laws about teen sexting presume that teens have no First Amendment rights, but Justice Scalia doesn't agree (see link above).
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Gon*Gon



Joined: 29 Sep 2011
Posts: 679
PostPosted: Mon Oct 03, 2011 4:45 pm Reply with quote
I don't think it matters all that much even if the penalties were eased...the fact that this is even reportable in the first place, the fact that the girl got any penalties in the first place, or the fact that the police thinks they have a reason to arrest her at all is a travesty to begin with.


But in regards to japan...another obvious problem with such a change in the laws would be the fact that it would knock many mangakas out of a job, and suddenly make a vast number of previously innocent people into sex offenders in possession of CP. Even something like Strike Witches might become labelled as CP!
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Mr. sickVisionz



Joined: 28 Oct 2007
Posts: 2173
PostPosted: Mon Oct 03, 2011 5:23 pm Reply with quote
Gingin wrote:
Mr. sickVisionz wrote:
Wait a minute... so if that is pushing to make real child porn illegal, that means that it's currently legal to have real child porn in Japan, right? SMH...


I'm just making a guess here, but I think this was intended to prevent turning normal people who just so happens to have pictures of their own children or normal children not doing anything pornographic into child molestors.


I'm sure almost every parent with a video recorder or camera have had pictures taken of their naked children at some point. While some will have no problem with that, others will see it as nothing but depraved kiddie porn.

I also remember seeing a show in Japan that features a bunch of kids in a bathhouse, the main intent was to teach you how to wash, but you can bet SOME people in SOME parts of the world will see that as porn involving kids.


... really? You really think that without possession being legal a parent would be arrested, tried and convicted for having say... a picture of their naked newborn child? Is the legal system in Japan really that rigid and hardlined that nothing would be taken into consideration about a case other than was a naked child involved?

I don't know about the legal system in Japan so maybe they do hardline on cases and don't take any facts or circumstances surrounding them into consideration, but that sounds crazy unlikely for the legal system of a society that developed.
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Gon*Gon



Joined: 29 Sep 2011
Posts: 679
PostPosted: Mon Oct 03, 2011 5:31 pm Reply with quote
Idiocy in regards to stupid laws is a universal trait.


Japan does a LOT of things better than America in this area...but that doesn't mean they don't have their own bouts of stupidity either.


Look at their censorship laws.
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StudioToledo



Joined: 16 Aug 2006
Posts: 847
Location: Toledo, U.S.A.
PostPosted: Wed Oct 05, 2011 5:25 pm Reply with quote
Gingin wrote:
But in regards to japan...another obvious problem with such a change in the laws would be the fact that it would knock many mangakas out of a job, and suddenly make a vast number of previously innocent people into sex offenders in possession of CP. Even something like Strike Witches might become labelled as CP!

Well, let's see how people'll like it now!
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einhorn303



Joined: 20 Nov 2006
Posts: 1180
PostPosted: Wed Oct 05, 2011 7:19 pm Reply with quote
One thing that's completely unfair about this law is how it applies to manga/anime/games, but not books, movies, TV, or art. It would be impractically controversial if it banned great works of the past, but manga and anime are treated like unequal trash mediums.

yuna49 wrote:
configspace wrote:
What about pics taken by your girlfriend voluntarily and sent to you?


You mean this? Florida eases penalties for teen sexting
You've got to love a law that requires that a teen-ager who receives a naked picture from his underage girlfriend turn her in or be guilty of receiving "child porn." Note that deleting the picture is not enough; you must report the sender to avoid being prosecuted yourself.


Now that is just absurd.
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Anymouse



Joined: 18 May 2007
Posts: 685
PostPosted: Wed Oct 05, 2011 8:25 pm Reply with quote
Mr. sickVisionz wrote:
I don't know about the legal system in Japan so maybe they do hardline on cases and don't take any facts or circumstances surrounding them into consideration, but that sounds crazy unlikely for the legal system of a society that developed.
Actually, I think the more developed a country gets the more likely that is to happen.
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