Is Censorship Legal in Japan
Other laws regulate online activities, but they are not known to have resulted in disproportionate abuse or sanctions. Increased awareness of revenge and online harassment led to the ruling LDP passing a law criminalizing revenge in November 2014. The law states that «violators who disseminate such images face up to three years in prison or a fine of up to JPY 500,000 (USD 4,550), disclosure by third parties can also result in up to one year in prison or a fine of JPY 300,000 (USD 2,730). Removal requests under the law are processed promptly (see Removal of content). [98] Japan`s anti-harassment law, originally enacted in 2000, was revised in 2013 to combat email harassment and revised in December 2016 to criminalize repeated messages via social networking services and blog posts. [99] In early 2017, the Tokyo metropolitan government announced plans to draft guidelines to regulate «sexting» by youth. [100] In December 2017, the Tokyo Metropolitan Government passed a revised ordinance making it illegal to request nude photos from anyone under the age of 18 after the minor had already refused such a request. [101] 43 Tomomi Fujikouge, «Japan: Supreme Court rules on `right to be forgotten,`» Privacy Matters, February 14, 2017. blogs.dlapiper.com/privacymatters/japan-supreme-court-rules-on-right-to-be-forgotten/ 121 «New Changes to Data Protection Law in Japan,» Simmons & Simmons elexica, September 11, 2015, www.elexica.com/en/legal-topics/data-protection-and-privacy/11-new-amendments-to-data-protection-law-in-japan. Censorship of anime, although to a lesser extent compared to other countries, affects Japan, the country where they are produced. According to Article 175 of the Japanese Penal Code, promulgated in 1907, documents containing images deemed indecent are prohibited. However, the laws date back to 1907 and did not change during the process of updating the Japanese constitution in 1947. Over time, acceptable standards have become less clear.
The depiction of pubic hair was banned until 1991, which led to series such as Lolita Anime and Cream Lemon using the sexualization of children as an escape. The use of tentacles in series such as Urotsukidoji allowed the creators to avoid a ban on the representation of genitals. In other cases, the content is self-censorship through the use of blackheads and blur. When censorship is lifted for overseas publication, the basic animation underneath is revealed, raising concerns about the sexualization of children in these markets. Commentators noted «alarming signs of a deterioration in media freedom in Japan,» although they do not explicitly concern the Internet. [56] In a June 2017 report, the UN Special Rapporteur on Freedom of Expression noted that there were «significant worrying signals» regarding Japan`s record on freedom of expression and self-censorship among journalists on issues such as the Fukushima nuclear disaster. [57] 104 «Japan Police Arrest 44 in Nationwide Internet Piracy Crackdown,» Torrent Freak, February 24, 2016, torrentfreak.com/japan-police-arrest-44-in-nationwide-internet-piracy-crackdown-160224/. The Library of Congress` Asia collection contains a reprint of the official Japanese document listing targeted censorship publications by the headquarters, the Supreme Allied Powers Commander (GHQ/SCAP).
GHQ/SCAP ordered the Japanese government to confiscate listed publications from public authorities and commercial institutions, including publishers and bookstores, between 1946 and 1948. 58 www.japantimes.co.jp/news/2017/05/22/national/social-issues/year-enactment-hate-speech-law-xenophobic-rallies-nearly-half/ However, in March 2020, the government approved a revision to the Copyright Act that makes it illegal to download manga, magazines and academic publications without a license, in addition to music and videos that are already criminalized under copyright law. Those who violate the revised law face up to two years in prison, a fine of 2 million yen ($18,000), or both. The bill does not go as far as the 2019 proposal and allows users to download image-based material or certain forms of academic content for private use.7 The law was passed in June 2020 after the collection period and is expected to come into force in January 2021.8 In recent years, Content removal focused on hate speech and illegal content. including images of child sexual abuse and «revenge,» explicit images shared without the subject`s consent. The Tokyo-based Safer Internet Association said it was asked to handle more than 2,000 revenge cases between September 2014 and November 2016, and managed to suppress 80 to 90 percent. [48] An anti-revenge law was passed in November 2014 (see Legal Environment). By law, providers must comply with removal requests within two days. During the First Sino-Japanese War of 1894–1895 and the Russo-Japanese War of 1904–1905, the Ministry of the Army also imposed separate wartime censorship restrictions.[49] 83 «I`m glad I`m from Tohoku,» Trends on Twitter following Japanese Politician`s Cruel Words,» Global Voices, p. 29. April 2017, globalvoices.org/2017/04/29/im-glad-im-from-tohoku-trends-on-twitter-following-japanese-politicians-cruel-words/ With the Meiji Restoration, censorship of government information shifted to protecting the emperor and the nascent Meiji government.