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When police in Japans old historic capital of Kyoto nabbed three men this summer for buying child pornography DVDs online, they made history: for the first time, someone in the country faces the possibility of jail time for possessing such material.
Japan is the only OECD nation that has not universally outlawed possession of child pornography and activists say the new, tougher local laws in Kyoto will not change that overnight.
With various manifestations of a fascination with the young and innocent as sex objects, from graphic versions of manga, or Japanese comics, to the junior idol industry featuring child models in bikinis, Japan has a considerable way to go to shed an image of pornographers safe haven.
Out of Japans 47 prefectures, only Kyoto bans possession of child pornography and prescribes a jail sentence. Neighboring Nara is the only other province to deem it a crime, but it has only financial penalties. It has arrested several people for possession of child pornography, but authorities could not give a number since several were charged with other crimes.
In 1999, Japan outlawed production and distribution of child pornography as well as possession with the intention to pass it on, and offenders could face fines and prison terms of up to five years. However, simple possession, without an intention to distribute, remains legal, except in Kyoto and Nara.
Kyotos new ordinance that came into force in January imposes fines for possession of child pornography and introduces a penalty of up to one year in jail for buying or downloading such material.
It will be a big wake-up call for the parliament, says UNICEF Japan spokesman Hiromasa Nakai.
But there may not be any quick action.
There is no national debate on the subject at the moment as major parties brace for general elections expected later this year. The ruling Democratic Party of Japan has reservations about extending the Kyoto law nationally, while the opposition is for it, lawmakers told Reuters.
Sanae Takaichi, from the opposition Liberal Democratic Party, says the initiatives taken in Nara, and later in Kyoto, inspired her to campaign for a possession ban at the national level.
Ive been trying to bring such local initiatives to state politics since Nara, my hometown, put the ordinance into effect following a tragedy in the prefecture where a little girl was killed by a child **** lover.
The DPJ, however, has argued that local initiatives were going too far and making owning child pornography a crime could lead to abuse of police powers and that investigators should focus on those who make and distribute the material.
They have also voiced concern that a blanket ban could be extended to comics and animation, which in turn could infringe on the freedom of expression.
A rare endorsement for tougher laws from Japans National Police Agency (NPA), which usually avoids positions on legislation and policy, could however help revive the debate.
The NPA says child pornography is spreading on the Internet at an unprecedented pace so those who buy and possess it should be severely punished to curb its supply.
Child pornography producers are making DVDs because there is demand, yet we are not able to arrest buyers, the agency said. Furthermore, some makers are encouraged by pedophiles to make increasingly brutal products that involve rape of children, and thus such buyers should be prosecuted as heavily as possible, it said in a written response to queries from Reuters.
Police data show a steady rise in cases of child pornography production and distributionthere were a record 1,455 cases in 2011, up 8.4% from 2010. This year is likely to be another record with 1,016 cases by the end of July, nearly a 10% rise.
There is no comparable international data, but the latest U.S State Department human rights report describes Japan as an
international hub for production and trafficking of child pornography.
The report also says the lack of a ban on possession of child pornography in Japan continued to hamper police efforts to enforce the law effectively and participate fully in international law enforcement.
A 2002 cabinet office survey showed that 15% of Japanese men polled have seen child pornography and 10% admitted to owning it.
In Kyotos landmark case, police checking for illicit content online found a site selling DVDs featuring girls under 13, a local police spokesman said. Through transaction records they found the buyers: two 20-year old students and a 19-year-old office worker, who were brought in for questioning and now await charges. Their names have not been released.
LEGISLATIVE LIMBO
Advocates say only by bringing national laws into line with other major nations can Japan join the global crackdown against child pornographys rapid spread over the Internet.
Russia is another exception, where production and distribution is a crime, but possession remains legal.
Japan signed a U.N. protocol in 2005 that bans all forms of involvement in child pornography, including its possession, and a 2007 government survey showed 90% of the Japanes public favored tougher laws.
Japan Today
Japan is the only OECD nation that has not universally outlawed possession of child pornography and activists say the new, tougher local laws in Kyoto will not change that overnight.
With various manifestations of a fascination with the young and innocent as sex objects, from graphic versions of manga, or Japanese comics, to the junior idol industry featuring child models in bikinis, Japan has a considerable way to go to shed an image of pornographers safe haven.
Out of Japans 47 prefectures, only Kyoto bans possession of child pornography and prescribes a jail sentence. Neighboring Nara is the only other province to deem it a crime, but it has only financial penalties. It has arrested several people for possession of child pornography, but authorities could not give a number since several were charged with other crimes.
In 1999, Japan outlawed production and distribution of child pornography as well as possession with the intention to pass it on, and offenders could face fines and prison terms of up to five years. However, simple possession, without an intention to distribute, remains legal, except in Kyoto and Nara.
Kyotos new ordinance that came into force in January imposes fines for possession of child pornography and introduces a penalty of up to one year in jail for buying or downloading such material.
It will be a big wake-up call for the parliament, says UNICEF Japan spokesman Hiromasa Nakai.
But there may not be any quick action.
There is no national debate on the subject at the moment as major parties brace for general elections expected later this year. The ruling Democratic Party of Japan has reservations about extending the Kyoto law nationally, while the opposition is for it, lawmakers told Reuters.
Sanae Takaichi, from the opposition Liberal Democratic Party, says the initiatives taken in Nara, and later in Kyoto, inspired her to campaign for a possession ban at the national level.
Ive been trying to bring such local initiatives to state politics since Nara, my hometown, put the ordinance into effect following a tragedy in the prefecture where a little girl was killed by a child **** lover.
The DPJ, however, has argued that local initiatives were going too far and making owning child pornography a crime could lead to abuse of police powers and that investigators should focus on those who make and distribute the material.
They have also voiced concern that a blanket ban could be extended to comics and animation, which in turn could infringe on the freedom of expression.
A rare endorsement for tougher laws from Japans National Police Agency (NPA), which usually avoids positions on legislation and policy, could however help revive the debate.
The NPA says child pornography is spreading on the Internet at an unprecedented pace so those who buy and possess it should be severely punished to curb its supply.
Child pornography producers are making DVDs because there is demand, yet we are not able to arrest buyers, the agency said. Furthermore, some makers are encouraged by pedophiles to make increasingly brutal products that involve rape of children, and thus such buyers should be prosecuted as heavily as possible, it said in a written response to queries from Reuters.
Police data show a steady rise in cases of child pornography production and distributionthere were a record 1,455 cases in 2011, up 8.4% from 2010. This year is likely to be another record with 1,016 cases by the end of July, nearly a 10% rise.
There is no comparable international data, but the latest U.S State Department human rights report describes Japan as an
international hub for production and trafficking of child pornography.
The report also says the lack of a ban on possession of child pornography in Japan continued to hamper police efforts to enforce the law effectively and participate fully in international law enforcement.
A 2002 cabinet office survey showed that 15% of Japanese men polled have seen child pornography and 10% admitted to owning it.
In Kyotos landmark case, police checking for illicit content online found a site selling DVDs featuring girls under 13, a local police spokesman said. Through transaction records they found the buyers: two 20-year old students and a 19-year-old office worker, who were brought in for questioning and now await charges. Their names have not been released.
LEGISLATIVE LIMBO
Advocates say only by bringing national laws into line with other major nations can Japan join the global crackdown against child pornographys rapid spread over the Internet.
Russia is another exception, where production and distribution is a crime, but possession remains legal.
Japan signed a U.N. protocol in 2005 that bans all forms of involvement in child pornography, including its possession, and a 2007 government survey showed 90% of the Japanes public favored tougher laws.
Japan Today
