Is possession of CP legal in Japan?
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Are you sure? I read that any production or distribution of CP is illegal, but that mere possession is not illegal. Here is a recent article about it:
http://search.japantimes.co.jp/cgi-bin/nn20090331i1.html
The Japan Times said:
Yes it's illegal. The problem is what exactly is considered "CP". Since Japan has some exceptions for content like pre-1999 JI material (which the UN conveniently lumps together with child abuse CP), articles like this pop up all the time, as if Japan is a safe-haven for child molesters and the like.
Actual CP depicting the abuse of children is indeed illegal, just as it should be.
Actual CP depicting the abuse of children is indeed illegal, just as it should be.
Because the newspapers, especially the english translations, always make grand sweeping statements, and in particular statements which bait people into buying the papers. The same happens with sensationalist reports about the JI industry, as they always focus on a couple most revealing models/dvds and blatantly ignore the rest, misrepresenting the JI scene and making it look like a bunch of guys peddling junior smut.
A better source is legal documents, namely the laws themselves and a series of case documents showing how prosecutors and judges have interpreted those laws.
A better source is legal documents, namely the laws themselves and a series of case documents showing how prosecutors and judges have interpreted those laws.
uzzled:The crude fact is possession of even the hardest CP is not prohibited by the laws of Japan. But any kind of distribution including its public display and person to person excange is illegal. I remember a case in which after someone was prosecuted for posting CP pics on an imageboard, another guy that he got them from by email was also arrested.
From Wikipedia (http://en.wikipedia.org/wiki/Child_pornography#Japan)
"Current Japanese law permits people to possess child porn images if they have no intention to sell or pass them on to others."
"Current Japanese law permits people to possess child porn images if they have no intention to sell or pass them on to others."
Possession of child pornography is not illegal in Japan.
Source: h**p://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJapan.asp
Using P2P to access child pornography is illegal since it would be distribution.
P.S.
Rather than talking out of your *ss just Google it people!! Sorry but it just had to be said.
Source: h**p://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaJapan.asp
Using P2P to access child pornography is illegal since it would be distribution.
P.S.
Rather than talking out of your *ss just Google it people!! Sorry but it just had to be said.
I would add that possession is not illegal only if there is no intent to distribute it. There was a case in which 2 Japanese men were convicted recently. They had deliberately placed the files in the Shared folder of their p2p client knowing it would be distributed. It was this that provided grounds for their conviction, not the possession of it. And not, seemingly, the downloading of it.
And because the intent can be verified only by the act of distribution, mere possession is not illegal.
Though there is only one prefecture out of 47 in total, Nara, that prohibits mere possession by its regional ordinances.
What's not clear is the punishment for acquiring CP. It may be legal to possess it, but obviously to possess it there must have been an act of acquisition, probably downloading it from the internet. If it was acquired through p2p networks, the file may have been partially uploaded during its download time (distribution). If it was downloaded from a pay-site, this is illegal (purchase). So I assume that the law allows for the download of images from free sites where the possibility of simultaneous upload did not exist.
The law is pretty clear, actually. Direct download=OK; p2p/torrent=not OK. The irony is that part of the concept behind p2p/torrenting is to get around copyright laws by dispersing responsibility. But under Japanese law, if you transmit CP at all, they can nail you. Arguing that you only transmitted this or that fragment to this or that peer won't get you very far in court.
It will be interesting to see how the Japanese justice system changes when the jury system is introduced next year.
Nonetheless, turning off all upload options on a p2p client would theoretically be the same as a simple one way download from a site.
Indeed. But I wouldn't want to find myself sitting in court and trying to argue that point to a judge and jury. :attention:
The legal stance that the US and other Western nations use as their criteria for making child porn illegal (and in most countries, that would be a minor under 18 engaging in sexual acts, or provocative, un natural poses) is that since to produce the cp is an illegal act unto itself, and the cp is a record of child abuse (sic) propagating and causing a demand for such material furthers the motivation to produce and disseminate more of the same...
Now, I have no issue with that, provided that the cp was produced in a time and place where such sexual activities of minors was illegal when and where it was made!
BUT....here is a hypothetical....
In Russia and up to recently in Japan, cp, at least soft core (nudity, and provocative poses) is/was legal.
Also, the AOC may differ, so that a 14-15 year old can concent to nude poses and at least simulated sex acts.
Again..what about the material produced in the Scandinavian countries in the late 60's or early 70's?
All the Lolita mags were legal for a time, or at least, the US had no laws prohibiting them. (I think it was the 1st Meese Commission in the early 80's that introduced legislation banning all sexual acts inc. posing of minors)
So...my question is....if the material can ber proven to be legally made when it was produced...how can another country call it illegal cp..WHEN NO CRIME WAS COMMITTED IN ORDER TO PRODUCE IT AT THE TIME????
I sort of already know the answer, but other thoughts would be interesting...
Now, I have no issue with that, provided that the cp was produced in a time and place where such sexual activities of minors was illegal when and where it was made!
BUT....here is a hypothetical....
In Russia and up to recently in Japan, cp, at least soft core (nudity, and provocative poses) is/was legal.
Also, the AOC may differ, so that a 14-15 year old can concent to nude poses and at least simulated sex acts.
Again..what about the material produced in the Scandinavian countries in the late 60's or early 70's?
All the Lolita mags were legal for a time, or at least, the US had no laws prohibiting them. (I think it was the 1st Meese Commission in the early 80's that introduced legislation banning all sexual acts inc. posing of minors)
So...my question is....if the material can ber proven to be legally made when it was produced...how can another country call it illegal cp..WHEN NO CRIME WAS COMMITTED IN ORDER TO PRODUCE IT AT THE TIME????
I sort of already know the answer, but other thoughts would be interesting...