Sweeping Anime/Manga/Game Censorship Laws Passed

[Epsilon]

http://www.sankakucomplex.com/2010/12/1 ... an-passes/
Warning, Sankakua Complex is NSFW! Also, maybe a bit hyperbolic in their predictions and anaylsis.

Tokyo’s ban on anime, manga and games featuring “virtual crimes” or
which are “likely to interfere with the healthy development of youth”
has passed after the DPJ agreed to support it.

The DPJ’s only addition to the critical portion of the law was a short
rider which requests “prudent application of the law in light of any
artistic, social, scientific or satirical merits the work might express”
– it does not however add any legal obligation to consider these, or
establish any clear or indepdently enforced criteria for judging whether
a work can be declared “harmful” or not.

Even more bizarrely, the final draft actually removed a passage that
imposed “a duty not to possess [photographic] child pornography” on
Tokyo residents, whilst leaving the section banning erotic manga and
anime (and explicitly excluding photographic materials) all but
unchanged – that the bill is intended exclusively as an “anti-otaku” law
seems to be beyond doubt.

It is very difficult to objectively assess the scope of the law – along
with vague and subjective terms like “interfere with the healthy
development of youth,” the law also includes “etc.” on the end of most
of its examples, leaving it quite unclear, for example, whether the
“improper glorification of illegal sexual activity, etc.” applies to
only virtual sex crimes, or all crimes in general – presumably the
interpretation adopted will be whichever is convenient to censors.

Similarly, the ban’s mention of “rape and other sexual acts which
violate societal norms” seems inevitably to point to a ban on depictions
of homosexuality, considering who was behind the law.

The generally expected form the law will take is that of a “amakudari”
(a pervasive system of sinecures for retired bureaucrats) body which
will inspect all anime, manga and games, with only those titles
receiving approval as “healthy” able to be sold regularly in Tokyo shops
– the rest will be relegated to the “adult corner.”

The most immediate and direct effect of the law will almost certainly be
to see ecchi manga such as To Love-Ru, bishoujo titles such as Champion
Red and most BL manga, as well as any seinen manga with especially
mature themes, banned from general sales – presumably most will then be
cancelled due to a lack of suitable magazine or tankobon distribution
channels, with a few perhaps being resurrected as 18+ ero-manga.

As has already been seen, publishers will also likely be purging future
anime, manga and games of any content liable to fall foul of the law,
and removing older titles from distribution.

The law probably also spells the end of most late night anime in Tokyo
(and by extension, everywhere else), which it would appear to ban under
its distribution clause; given the vague wording of the current season
alone it seems Ore no Imouto, Panty & Stocking, Yosuga, Sora no
Otoshimono, Milky Holmes and others would all fall foul of its various
stipulations.

There is also some doubt as to whether Comiket will be able to be held
under the new regulations – if not, its cancellation or removal to
another prefecture seems likely, although a lack of sufficiently large
spaces may severely complicate this.

The law comes into effect in July of 2011, so with magazine, tankobon,
anime and game release schedules being what they are, it seems likely
its effects will be felt much sooner; in a genuinely democratic state
there might be scope to overturn it before then, but from what has been
seen so far it seems unlikely publishers have the guts or savvy to do
anything about it.

The idea that these people are aiming to suppress drawn kiddie porn but not actual photographic kiddie porn is sickening (I hate both, but one involves actual harm to actual children). Also, not really surprised this is being used to target gay people and those friendly to them. Still, maybe Sankaku is wrong in some of their analysis here (they aren't the most reliable reporters). Anyone have links to other more thoughtful analysis?
-----------------
Epsilon

[robkelk]

When reading Sankaku Complex, never forget that they have a definite anti-control bias.

Perhaps http://www.animenewsnetwork.com/news/20 ... -committee]the Anime News Network article would be a better cite...?

The general affairs committee of the Tokyo Metropolitan Assembly has approved the government's revised bill to amend the Youth Healthy Development Ordinance on Monday afternoon. Bill 156 will then go before the full assembly for a vote on Wednesday.

The current ordinance already prevents the sale and renting of "harmful publications" — materials that are "sexually stimulating, encourages cruelty, and/or may compel suicide or criminal behavior" to people under the age of 18. Bill 156 would require the industry to also regulate "manga, anime, and other images (except for real-life photography)" that "unjustifiably glorify or exaggerate" certain sexual or pseudo sexual acts. Another section of the revised bill would allow the government to directly regulate the above images if the depicted acts are also "considered to be excessively disrupting of social order" such as rape.

Source: http://www.yomiuri.co.jp/national/news/ ... T00472.htm]Yomiuri Shimbun

Update: The bill has a non-binding supplemental resolution urging newly designated harmful publications to be “carefully regulated, with the work's merits based on artistic, social, educational, and satirical criticism criteria to be taken into account in the evaluation process.” The government's Tokyo Youth Healthy Development Evaluation Panel is also urged to respect “the intent of the revision and take necessary steps, such as increasing the time involved in the evaluation process.”

Japanese Prime Minister Naoto Kan wrote in his blog on Monday:

There is another topic I would like to talk about concerning [the strength of] the Japanese brand. Currently, there are concerns over the possibility that the Tokyo International Animation Fair could be cancelled due to controversies related to the healthy development of youth issues. Healthy development of youth is an important issue. At the same time, it is important that Japanese animation is broadcast to a global audience. I urge all parties involved to try to work toward preventing a situation where an international animation fair cannot be held within Tokyo.

Shueisha senior managing director and editor Kazuhiko Torishima said at the New Manga Creators Awards ceremony on Monday: “I want new manga authors to produce manga that would blow away [Tokyo Governor] Shintaro Ishihara.” Masahiko Ibaraki, the editor-in-chief of Shueisha's third editorial department, added to the new manga creators, "Don't let the chilling effect [of increased regulation] stop you from doing material you want to do. Jump will feature anything [we feel] that is exciting [to read].“

Thanks to Dan Kanemitsu for the translations.

Update 2: The Mobile Content Forum, an industry group that includes the social networking company DeNA and Nico Nico Douga's Dwango, announced its opposition to the bill on Monday. A group of female creators, including boys-love genre authors, also announced their opposition to the bill on Sunday.

Now, maybe I'm reading that incorrectly, maybe there's a flaw in that story, or maybe the original report is in error. But what I'm getting out of this is that, in Tokyo, sales of what we would call "18+" material will be restricted to people aged 18+. How is this a bad thing?
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012

[Epsilon]

robkelk wrote:

Now, maybe I'm reading that incorrectly, maybe there's a flaw in that story, or maybe the original report is in error. But what I'm getting out of this is that, in Tokyo, sales of what we would call "18+" material will be restricted to people aged 18+. How is this a bad thing?

For one thing, "what happens in Tokyo happens everywhere" is in play. Tokyo is the single biggest market for these products, so if the restriction applies there than expect it to apply to all anime. Especially since it potentially covers broadcast and internet stuff as well. It's similar to the Walmart problem in the States. If Walmart won't carry your game, your game is going to do extremely poorly.
Now, if the only effect of these was to reduce the number of panty-shots and furo-scenes and so on I would be the first to say "and nothing of value was lost". My opinions on the excessive use of rape and lolicon in anime are well known and I would like them to be gone.
However this prospect is entirely too broad. Considering the principle people behind it have gone on record as saying that gay people are aberrant and disgusting giving these people sweeping power to drive works involving LGBT themes out of the mainstream is a bad idea. And it would drive the stuff out of the mainstream. Look at the American ratings system and how much the "kiss of death" the A rating is to any product.
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Epsilon

[robkelk]

Yeah.

It looks like the translations I'd seen were mistranslations, and the goal of this legislation may be to suppress depiction of homosexual activity. One of the places where I do agree with Pierre Trudeau is that the state has no business in the bedrooms of the nation - this is bad law.
--
Rob Kelk
"Governments have no right to question the loyalty of those who oppose
them. Adversaries remain citizens of the same state, common subjects of
the same sovereign, servants of the same law."

- Michael Ignatieff, addressing Stanford University in 2012

[Morganite]

I'm not sure how to interpret this deliberate exclusion of real-life photography.

-Morgan.

[s3yang]

I'm not sure how to interpret this deliberate exclusion of real-life photography.

-Morgan.

I interpret it this way:
Somewhere in the Japanese government, there is a council member that needs to be shot. Repeatedly.

[Black Aeronaut]

Actually, I see it as a bit of intelligence on their part. They already have laws about photographic child pornography. The fact that they sign the same accords in regards to at what age someone is considered an adult and what rights children have guarantees this. (Although culture in Japan says you're not an adult until you're 20.)

Why write additional laws for something you already have in place? It's kinda the same problem we have with gun control laws in the US - there's usually pretty good laws in place already if only prosecutors and DA's would think to use them.

Finally, I have no issue with the idea. All they're really talking about it sticking all the adult material in its proper place. And in Japan, something that we consider 'Adult' is relatively mild in comparison as their nudity taboos are not as strict. We'll still have manga that have plenty of panty shots and other slight degrees of ecchi out there in the general selection areas. It'll mostly be the really questionable stuff that will wind up in the back room, like maybe Nagasarete Airontou - the manga is a lot more risque than the anime!

[Morganite]

The problem is, this sounds like it may not just regulate content that can really be called "adult". Translation makes it hard to tell for sure, but Shueisha's opposition to it makes me concerned. Add to that that a panel with such a vague-sounding mandate could easily lead to "what I don't like is prohibited"...

Well, it's certainly something to keep a wary eye on.

-Morgan.

[Black Aeronaut]

Don't worry too much. If Japan is big on one thing, it's moderation. Believe it or not, all their eccentricities aside, the average Niponjin likes being in the happy middle. Extremism in any direction is as unwelcome as a bull in a china shop. I don't see the any issues, but I'll keep an eye on things.

[Jorlem]

Don't worry too much. If Japan is big on one thing, it's moderation. Believe it or not, all their eccentricities aside, the average Niponjin likes being in the happy middle. Extremism in any direction is as unwelcome as a bull in a china shop. I don't see the any issues, but I'll keep an eye on things.

We'll count on you to keep this under control then.  Thanks. 
-----
Stand between the Silver Crystal and the Golden Sea.
"Youngsters these days just have no appreciation for the magnificence of the legendary cucumber."  --Krityan Elder, Tales of Vesperia.

[Epsilon]

The problem is, this sounds like it may not just regulate content that can really be called "adult". Translation makes it hard to tell for sure, but Shueisha's opposition to it makes me concerned. Add to that that a panel with such a vague-sounding mandate could easily lead to "what I don't like is prohibited"...

Well, it's certainly something to keep a wary eye on.

Yep, the major problem is the broad sweeping mandate given to these people that is fairly poorly defined.
It's designed to have a chilling effect on publishers, since it mainly punishes publishers (through an elaborate system of private and public shaming systems). The mandate is defined such that the board could implement it capriciously as they want to. This encourages publishers to shoot for an even more conservative output than the system is supposedly targeted at. Given the obvious and not-concealed political and ideological ideas of the people behind this it kind of stinks.
It's the Comics Code Authority.
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Epsilon

[Jorlem]

Sorry for the necro, but I thought some of you might be interested in knowing that this story made it to the New York Times.
( http://www.nytimes.com/20...ness/global/10manga.html )
The article seems a little bit slanted to me, knowing what I know from the other articles posted on the subject.
Also, as a side note, great job on timliness, nytimes.
-----
Stand between the Silver Crystal and the Golden Sea.
"Youngsters these days just have no appreciation for the magnificence of the legendary cucumber."  --Krityan Elder, Tales of Vesperia.