Japanese Anime Obscenity Trial - Co. CEO, Cartoonist Arrested - GoFuckYourself.com

KRL · 09-04-2003, 09:20 AM

WTF, anime cartoonists are being arrested?

Obscenity Trial Prompts Freedom-of-Speech Outcry

Motonori Kishi was bemused when he was arrested in October on suspicion of distributing obscene material -- despite the fact that his firm's comic books feature uncensored scenes depicting sexual intercourse. "I did not understand why only our publication was questioned when other publishers have issued unexpurgated sexual comics," the 54-year-old publishing executive said.

Kishi, president of Tokyo-based Shobunkan Co., has been indicted on charges of selling obscene literature.

A cartoonist and the chief editor at Shobunkan were also arrested over their involvement in the writing and distribution of "Misshitsu" ("Honey Room"). They were released after they both paid a 500,000 yen fine based on a summary order.

The sale and distribution of obscene literature is prohibited under Article 175 of the Criminal Code.

Kishi's trial is the first major case in 20 years in Japan to focus on printed pornographic material.

It is, moreover, the first time a comic book has been targeted under the penal code for containing obscene material.

During the trial at the Tokyo District Court, Kishi's lawyers have summoned prominent scholars and critics to argue that Article 175 is unconstitutional.

They said it violates Article 21 of the Constitution, which guarantees freedom of assembly and association as well as speech, press and all other forms of expression.

It also states that, "No censorship shall be maintained, nor shall the secrecy of any means or communication be violated."

Yasuhiro Okudaira, a professor emeritus at the University of Tokyo, told the court it is not up to government authorities to judge whether certain material is obscene, and any restrictions on expression are unconstitutional.

"The state power should not prohibit people from accessing certain forms of expressions if they want to," he said.

Shinji Miyadai, an assistant professor at Tokyo Metropolitan University, meanwhile tried to alleviate concerns that pornographic material would have a direct causal impact on children.

He cited the absence of any scientific research showing that pornography alone has a "harmful impact" on youth. He stated that while sales of comic magazines and books, many of which contain sexual material, increased dramatically between 1980 and 1990, the number of juvenile rapists declined during the same period.

Defense lawyer Takashi Yamaguchi said: "If a publication is judged obscene, it becomes impossible for ordinary people to look through it. This means public debate over whether it is obscene is contained and people cannot examine the judgment of the authorities.

"This should not happen in a democratic society."

Yamaguchi added that, even if Article 175 is indeed constitutional, "Honey Room" does not meet the three prerequisites for obscenity as stipulated under a 1957 Supreme Court ruling.

While Article 175 does not clearly define obscenity in legal terms, the top court illustrated these prerequisites in its ruling against the translator and publisher of "Lady Chatterley's Lover" by D.H. Lawrence.

The ruling stated that a certain form of expression should be labeled obscene when it is "unnecessarily sexually stimulating, damages the normal sexual sense of shame of ordinary people, or is against good sexual moral principles."

Yamaguchi said: "At present, we can view foreign hard-core pornographic material online. Who dares to say now that a comic is obscene?"

Over the past decade, the availability of sexual material in Japan has expanded dramatically.

"Hair nude" photos are ubiquitous features of weekly magazines, while major publishers have printed explicit wood block prints from the Edo Period without being targeted. Minors can purchase X-rated videos without having to show identification.

In comic book circles, sexually explicit material has been published for three or four years, Kishi said, adding, "My company is not the front-runner for such extreme publications."

Moreover, Shobunkan publications are enclosed in plastic covers, with booksellers given stickers warning customers about the pornographic content.

These measures, undertaken at the company's expense, are aimed at protecting unsuspecting consumers from being confronted with pornographic material by accident.

Kishi's arrest has impacted the retail book business, with several major book stores having closed their pornography sections, Yamaguchi said.

Greg B · 09-04-2003, 11:30 AM

I've said it a dozen times already:

DON'T PUT IT IN PRINT. KEEP IT IN CYBERSPACE!

Greg B · 09-04-2003, 11:30 AM

KRL, what's the source of the article you posted? Don't see one.

EscortBiz · 09-04-2003, 11:33 AM

Quote:

Originally posted by Greg B
KRL, what's the source of the article you posted? Don't see one.

KRL is not MrPopup or NoCurrier if he posts something I aint need no links he doesnt post BS

freeadultcontent · 09-04-2003, 11:37 AM

http://www.japantimes.co.jp/cgi-bin/...20030903b6.htm

There, damn does nobody understand google?

KRL · 09-04-2003, 11:41 AM

Quote:

Originally posted by EscortBiz

KRL is not MrPopup or NoCurrier if he posts something I aint need no links he doesnt post BS

Thanks A!

Fletch XXX · 09-04-2003, 11:53 AM

Man its sickening.

Most people's jaw would drop if they saw what the adult vid stores here sell and rent.

Its amazing some seem so far behind.

Extreme may have been located here but sending shit across the country is different then selling it to people who walk in?

I dont really see the difference.

If I can walk in a vid store here and rent 'Extreme Vids' and other crap folks in Penn should be able as well, and of course some damn Asian cats should be able to look at dirty cartoons.

This world is hell.

Greg B · 09-04-2003, 01:22 PM

Quote:

Originally posted by EscortBiz

KRL is not MrPopup or NoCurrier if he posts something I aint need no links he doesnt post BS

Pullleeeze, take that shit and stir it in with your morning mush.

I wasn't asking him the question because I doubted his validity, I was asking so that I had a correct source to extrapolate from. Had to hit an SE and get the 'hashed' version of the story.

Thanks for posting the link KRL.

404 · 09-04-2003, 09:25 PM

They said it violates Article 21 of the Constitution, which guarantees freedom of assembly and association as well as speech, press and all other forms of expression.

It also states that, "No censorship shall be maintained, nor shall the secrecy of any means or communication be violated."

hope they win that one so we can finally see pink from those cute porn stars they have over there. goddamn that stoopid fucking pixellated mosaic thing.

Gman.357 · 09-04-2003, 09:37 PM

Quote:

He cited the absence of any scientific research showing that pornography alone has a "harmful impact" on youth. He stated that while sales of comic magazines and books, many of which contain sexual material, increased dramatically between 1980 and 1990, the number of juvenile rapists declined during the same period.

This part was worth quoting again.

Greg B · 09-04-2003, 10:06 PM

Quote:

Originally posted by Gman.357

This part was worth quoting again.

Yep, whether we like it or not, PORN prevents violent sex crimes.

In this wacky world it can only make sense.

hottoddy · 09-04-2003, 11:05 PM

I always thought Japan had a very strict "no genetalia" rule, even for anime. That's why the real stuff is always pixelated.

09-04-2003, 09:20 AM	#1
KRL Entrepreneur Join Date: Oct 2002 Location: USA Posts: 31,429	Japanese Anime Obscenity Trial - Co. CEO, Cartoonist Arrested WTF, anime cartoonists are being arrested? Obscenity Trial Prompts Freedom-of-Speech Outcry Motonori Kishi was bemused when he was arrested in October on suspicion of distributing obscene material -- despite the fact that his firm's comic books feature uncensored scenes depicting sexual intercourse. "I did not understand why only our publication was questioned when other publishers have issued unexpurgated sexual comics," the 54-year-old publishing executive said. Kishi, president of Tokyo-based Shobunkan Co., has been indicted on charges of selling obscene literature. A cartoonist and the chief editor at Shobunkan were also arrested over their involvement in the writing and distribution of "Misshitsu" ("Honey Room"). They were released after they both paid a 500,000 yen fine based on a summary order. The sale and distribution of obscene literature is prohibited under Article 175 of the Criminal Code. Kishi's trial is the first major case in 20 years in Japan to focus on printed pornographic material. It is, moreover, the first time a comic book has been targeted under the penal code for containing obscene material. During the trial at the Tokyo District Court, Kishi's lawyers have summoned prominent scholars and critics to argue that Article 175 is unconstitutional. They said it violates Article 21 of the Constitution, which guarantees freedom of assembly and association as well as speech, press and all other forms of expression. It also states that, "No censorship shall be maintained, nor shall the secrecy of any means or communication be violated." Yasuhiro Okudaira, a professor emeritus at the University of Tokyo, told the court it is not up to government authorities to judge whether certain material is obscene, and any restrictions on expression are unconstitutional. "The state power should not prohibit people from accessing certain forms of expressions if they want to," he said. Shinji Miyadai, an assistant professor at Tokyo Metropolitan University, meanwhile tried to alleviate concerns that pornographic material would have a direct causal impact on children. He cited the absence of any scientific research showing that pornography alone has a "harmful impact" on youth. He stated that while sales of comic magazines and books, many of which contain sexual material, increased dramatically between 1980 and 1990, the number of juvenile rapists declined during the same period. Defense lawyer Takashi Yamaguchi said: "If a publication is judged obscene, it becomes impossible for ordinary people to look through it. This means public debate over whether it is obscene is contained and people cannot examine the judgment of the authorities. "This should not happen in a democratic society." Yamaguchi added that, even if Article 175 is indeed constitutional, "Honey Room" does not meet the three prerequisites for obscenity as stipulated under a 1957 Supreme Court ruling. While Article 175 does not clearly define obscenity in legal terms, the top court illustrated these prerequisites in its ruling against the translator and publisher of "Lady Chatterley's Lover" by D.H. Lawrence. The ruling stated that a certain form of expression should be labeled obscene when it is "unnecessarily sexually stimulating, damages the normal sexual sense of shame of ordinary people, or is against good sexual moral principles." Yamaguchi said: "At present, we can view foreign hard-core pornographic material online. Who dares to say now that a comic is obscene?" Over the past decade, the availability of sexual material in Japan has expanded dramatically. "Hair nude" photos are ubiquitous features of weekly magazines, while major publishers have printed explicit wood block prints from the Edo Period without being targeted. Minors can purchase X-rated videos without having to show identification. In comic book circles, sexually explicit material has been published for three or four years, Kishi said, adding, "My company is not the front-runner for such extreme publications." Moreover, Shobunkan publications are enclosed in plastic covers, with booksellers given stickers warning customers about the pornographic content. These measures, undertaken at the company's expense, are aimed at protecting unsuspecting consumers from being confronted with pornographic material by accident. Kishi's arrest has impacted the retail book business, with several major book stores having closed their pornography sections, Yamaguchi said. __________________ If you would like to develop your domains, you can lease inexpensive foreign labor from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION! * * * * * * * * * * * * Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains

09-04-2003, 11:37 AM	#5
freeadultcontent Confirmed User Join Date: Oct 2002 Location: "evitcepsrep ruoy egnahc" Posts: 9,976	http://www.japantimes.co.jp/cgi-bin/...20030903b6.htm There, damn does nobody understand google? __________________ Exclusive Ethnic & Microniche Sites

09-04-2003, 11:53 AM	#7
Fletch XXX GFY HALL OF FAME DAMMIT!!! Join Date: Jan 2002 Location: that 504 Posts: 60,840	Man its sickening. Most people's jaw would drop if they saw what the adult vid stores here sell and rent. Its amazing some seem so far behind. Extreme may have been located here but sending shit across the country is different then selling it to people who walk in? I dont really see the difference. If I can walk in a vid store here and rent 'Extreme Vids' and other crap folks in Penn should be able as well, and of course some damn Asian cats should be able to look at dirty cartoons. This world is hell. __________________ Want an Android App for your tube, membership, or free site? Need banners or promo material? Hit us up (ICQ Fletch: 148841377) or email me fletchxxx at gmail.com - recent work - About me

09-04-2003, 09:25 PM	#9
404 Confirmed abUser Industry Role: Join Date: Jun 2003 Location: Internet Explorer cannot display the webpage Posts: 1,154	They said it violates Article 21 of the Constitution, which guarantees freedom of assembly and association as well as speech, press and all other forms of expression. It also states that, "No censorship shall be maintained, nor shall the secrecy of any means or communication be violated." hope they win that one so we can finally see pink from those cute porn stars they have over there. goddamn that stoopid fucking pixellated mosaic thing. __________________ (b] cheap hmtl programer for hire (/b)

09-04-2003, 11:30 AM	#2
Greg B So Fucking Banned Join Date: Jul 2001 Location: EARTH (for the time being) Posts: 7,014	I've said it a dozen times already: DON'T PUT IT IN PRINT. KEEP IT IN CYBERSPACE!

09-04-2003, 11:05 PM	#12
hottoddy Confirmed User Join Date: Oct 2002 Location: PacNorWest Posts: 3,048	I always thought Japan had a very strict "no genetalia" rule, even for anime. That's why the real stuff is always pixelated.