2014-06-26

The Outlawing of Child Porn in Japan

Recently the Japanese government outlawed owning child pornography.  It was already illegal to produce child porn.  There was a foot note in this ruling that did not include manga, anime or computer games, due to a lot of push back from the manga/anime/gaming lobby.

    The reason for the outcry from these industries was due to; censoring creative freedom and that a drawing does not harm anyone, like the act of filming a sexual assault does.  These are both valid and understandable arguments and should not be taken lightly.  There are always implications when it comes to creating censorship laws and how those laws would infringe on freedoms of expression and press that should be universal rights.   The second idea that no one was harmed with a drawing is correct as well.  No child was exploited for the creation of the drawings.  Not in the way a child is exploited during the filming of a live action child porno.  Yet, and you knew it was coming, these are hollow and flawed arguments that speaks of a larger problem in the psyche in Japan.  Let’s unpack this a piece at a time.

    Censorship argument: yes, it is a slippery slope and can be viewed as a dangerous thing to censor drawings and text.  Yes, everyone should be able to express their own viewpoints freely and openly without fear of legal repercussions.  At the same time that right of expression comes with social responsibility and accountability.  You can not publish a tract on racial segregation and eugenics and not be at least morally responsible for someone’s adverse actions directly relating to that piece of material.  Legal accountability, perhaps not, that’s a very gray area, that in many cases, could lead to witch hunts and wide speculation.  Marilyn Manson didn’t make the guys in Columbine murder classmates and how much did Mein Kampf play a role in the holocaust?  But, because you have the legal ability to do something doesn’t mean you should do it.  We will circle back to this one in a bit.

    Exploitation argument: Yes, at the very basic idea, no one is harmed from a drawing.  You would assume that no one was exploited in the creation of a drawing, series of drawing, etc.  Not in the way of the actual filming of the actual process.  Yet there are two aspects where this is wrong.  A hypothetical situation says that the artist is basing the drawings on a live model, which, if it is a child, definitely still exploits and harms that child.  The other aspect, which is the real meat of my argument, is the post-exploitation factor.  This will take a bit to get into so I want to start it off with addressing the ideas of the sexualization of minors.

    If memory serves correct age of consent in Japan is 14 or 16.  As we all were, at one point, raging hormonal teenagers all we cared about for the most part was fucking.  So hey, teenagers fuck, sometimes like bunnies, no big deal.  I don’t have a problem with it and no one else really should as long as they are being safe and smart and everyone is consenting.  So I’m not talking teenagers here, high school students.  I’m talking barely teenager and younger.  Now, in Japan one is not considered an adult until 20 years old.  I am not sure of the exact language of the law and what they are determining to be considered child porn, what age the victims are.  So let’s just work with the idea that it’s anything under the age of consent in Japan and take the argument from that standpoint.  If it is for people under 20 then there are some societal differences that make this argument a little wonky, but the general population in America doesn’t have any issue with people under 18 being banned from porno.

    One thing to get out of the way is the idea of innocuous nudity.  Again, I do not know the exact verbiage of the law, so I don’t know how this is covered.  So we will just go with the idea of the material depicting sexual acts and to provide for simulated sexual gratification.  I highly doubt My Neighbor Totoro would be edited to remove the scene of the two girls taking a bath.  Much like how in America there are nekkid baby butts on diaper commercials.  These things are not intended to be there for sexual gratification but to show life as it is.  (Yes I can see an entire argument with that statement to derail this discussion but don’t be an idiot)  Now, that is not to say that a few people out there don’t masturbate to naked baby butt diaper commercials, nor can we imply that naked baby butt diaper commercials lead to this type of dangerous behavior that may lead to victimizations and assaults.  This discussion should be solely focused on the sexualization of minors as represented in video and drawings.

    You can call me moralistic and a prude and you can fuck yourself for thinking that.  But it is in no way shape or form OK to sexualize a 12 year old.  In any form of media, regardless if the creation of that media exploited/harmed a living person.  Yes, you have the right to create a drawing or a story dealing with the sexual exploitation of a 12 year old.  But you have to take into consideration the dangerous environment you are creating by generating something like that.  Yes, with or without a drawing or a story of a minor being sexually assaulted it does happen.  Let’s not fuck around…having sex with a 12 year old should be flat out considered assault, even if the child is ‘consenting’.  Where the problem lies is the danger of perpetuating and encouraging the sexualization of minors through graphical media.  This can foster an idea that it is OK to behave in this fashion, emboldening people with morally questionable fetishes to endanger the lives of minors.  If a culture is created where it is represented as being OK to sexual assault a minor then the line between fiction and reality can blur with very disastrous effects.  Yes, in a way, this is thought policing.  Yes in a way this is restricting freedom of expression.  You can say this is over reacting, like blaming video games and Catcher in the Rye for creating hardened mass shooters.  The idea that you have to argue with someone that sexualizing and promoting sexual assault on minors is OK because, if you don’t allow it you’re repressing freedoms is ludicrous. 

    Societies have taken it upon themselves to determine what types of content should be accessed at what age levels.  I don’t have a problem with that when done properly.  At the same time, those who are restricted also have the benefit of their guardians ultimately determining what content they can access and when.  This has nothing to do with that.  This has everything to do with stopping the fostering and legitimizing of child sexualization by adults.  You can say that violence, strong language, alternate life styles and all types of various elements of the adult world can be damaging and inappropriate for children.  To some extent those fears are correct and it’s up to the parents guardians to help determine the maturity and understanding of their child when accessing and dealing with those things.  What is wrong though, is allowing a group of potentially dangerous individuals to have any sort of acceptability when it comes to their dangerous behaviors.  I don’t give a shit where you are from, but it is not OK and it is not healthy for a 30 year old to have sex with a 12 year old, ever.  Having material that is designed to simulate that experience is dangerous as well, there are just some things that need to be repressed and outlawed, things that wholly and truly are dangerous and offer no positive outcome.  What positive outcome does graphically depicting sex with a minor provide?  Yes, we can cite many cases of it in literature, but I wonder how much of that literature is designed specifically for the purpose of simulated erotic pleasure?  You can in no way shape or form argue that hentai about sex with minors is for nothing more than erotic pleasure.

    It’s not just hentai though.  There has been a growing public acceptance in the anime and manga community regarding sexualizing minors.  The industry says this is a market thing, sales go up with panties and more are shown in series that are not erotic in nature.  Fine and all, but there comes a point where enough is enough and the industry isn’t doing a good enough job of self policing its self.  I stopped watching the anime No Life, No Game when there was a pretty explicit scene of the 11 year old main characters panties.  What is the artistic purpose in a detailed vaginal lump of an 11 year old character?  Good for you, you can draw a really realistic camel toe.  Why an 11 year old?  What are you trying to represent?

    The psychological aspect needs to be examined, not just for the dangerous pedophiles who consume explicit child sexualization material, but the creators.  The person, who sits, visualizes (hopefully not coping from real life) and painstakingly reproduces the image of an 11 year old vagina.  Why are they representing the sexualization of a minor?  Can’t they sell just as well, maybe even better, by doing the same exact representation of a 23 year old character?  I don’t think anyone has any problem with a 23 year old fucking.  One could say the character is an adult but only looks like a child.  Really…why?  Is there a specific purpose for having a character that is 20 years old, but has the body of a prepubescent child?  Then is there a purpose for taking said character and involving them in a variety of sexual situations?  Is the only reason the character is 20 yet looks 10 to bypass any sort of moralistic issues yet still allow for underage fetishism?  I call bullshit.  Own up to the intent and purpose and let’s have a discussion for said intent and purpose, don’t try to worm around it and create a quagmire.

    Sexualization of underage children in Japan needs to be addressed and allowing anime and manga, which is more prolific and influential than the AV industry, I would imagine, needs to be addressed.  I am far from being a member of the Christian Coalition and even the Church of Satan agrees with the idea of not harming children.  Producing content that represents the sexual assault of children is dangerous and is a mentality that should not be supported or promoted.  Japan needs to check its self with some of its fetish representations before something horrible happens.

    With that I am deeply upset that the industry pushed so hard to limit the new laws from affecting them, crying wolf and protecting their pocket books, the pedophiles in their ranks and above all doing it at the potential expense of children.  Look, kids already face enough danger from sexual assault without fostering a culture that appears to approve of it, at least in a simulated form.

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