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Ariane Beldi

Twins, 20, jailed for child porn manga - 2 views

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    NEW GLASGOW - Twin brothers were sentenced in provincial court Wednesday to three months in jail for possessing child pornography.
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    This is an interesting issue that concerns particularly anime and manga, although not only, because pornography and child pornography constitute such a high percentage of the total production (apprently, close to 50%). Here, we have a typical case where something legal in one country is illegal in many others. Moreover, there is also the issue of freedom of expression, since drawing (like writing, actually) are only expression of fantasies, but not necessarily their implementations, unless the it is about a story that actually took place. Does that mean one should forbid such fantasies to be expressed, whether from a commercial point of view or from an artistic perspective? Of course, many will state firmly that such fantasies can never become art, but that doesn't settle the debate once and for all, in my opinion. On the contrary, I think it remains quite an open-ended issue and one should keep an eye out for its development, as pornography in all its forms and expressions are often used as pretext to resteain freedom of speech and artistic expressions that don't fit a specific politically correct model.
Nele Noppe

Japan's Planned Child Porn Law Exempts Manga, Anime - Anime News Network - 0 views

  • preparing legislation that will make possession of child pornography illegal for the first time in the country. The tentatively planned legislation does not ban so-called "virtual" child pornography — material such as some manga, anime, and games that explicitly depict fictional children.
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    preparing legislation that will make possession of child pornography illegal for the first time in the country. The tentatively planned legislation does not ban so-called "virtual" child pornography - material such as some manga, anime, and games that explicitly depict fictional children.
Nele Noppe

Survey results: should virtual child porn be regulated in Japan? - 0 views

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    The results of the actual survey which is mentioned in several recently saved articles about new child pornography regulations in Japan. In total, 86,4% say that virtual child pornography (left alone by the newly proposed legislation) should be regulated as well. 4,5% did not know, 9,1 said there should be no regulation. The wording of the question seems rather black-and-white: there's no option for 'it should be regulated only to a certain degree'. Regulating virtual pornography -or finding a sound logic for regulating it- still sounds very difficult to me. We don't punish people for depicting fictional murders, either...
Nele Noppe

Thought Police Can't Protect Real Children - 2 views

  • would have established the catagory of "nonexistent youth"
  • The banning of fictional depictions of child abuse would likely be as meaningless as the banning of fictional depictions of car chasing with the aim toward reducing motor vehicle accidents in real life.
  • If content alone was the issue, war footage and horror films should be banned as well.
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  • Content in itself is not the issue--Child pornography has been outlawed because the methods involved in production involve real children in possibly abusive circumstances. How the material was produced is what makes it criminal, not what impression it conveys on the audience. 
  • Child pornography involving real children being sexually abused is horrid beyond words. For that very reason, I find it reprehensible to mix together such acts of human misery and suffering with illusionary fantasy that exists only in the author's imagination. Widening the definition of child pornography to include fictional material belittles the gravity of real sex abuse.
  • Many convicted criminals also cite the Bible as their inspiration of conducting astonishingly savage acts, and yet few would attribute the Bible as the root cause of such criminal behavior. Why?--Because free societies accept the principle that people are responsible for their own actions.
  • It is very dangerous to restrict the actions and rights of citizens based on the principle that some limited number of individuals may act irresponsibly. This is the equivalent of removing knives from the household kitchen because someone used a meat cleaver to commit a crime. Again, this logic is unbelievably reckless as well.
  • Furthermore, crime statistics published by the Japanese police themselves show no causality between the proliferation of erotic material and sex crimes. The crime rate has dramatically decreased since WW2 while the availability of erotica and violent fictional entertainment has risen by leaps and bounds during the same period.
  • It is easily imaginable that an endless cycle of accusations and denials will unfold regarding establishing the "true age" of fictional characters. Authors and publishers will more than likely attempt to proclaim that the characters look young, but they are actually above the age of 18. Physical attributes vary between widely depending on race and ethnicity, not to mention fictional non-human characters.
  • Publishers and authors are extremely proficient in adapting toward new regulations. If graphical depictions are banned, then abstract or comedic depictions will increase.
  • Either an ever increasing set of symbols will be deemed to be inappropriate to be linked to a core human attribute--human sexuality--or the futility of the ban will lead the law to become impotent over all.
  • Even today, numerous adult manga publications have self censorship standards that are mind-boggling. Authors have complained about how some editors have insisted on having all female characters appearing in their works be endowed with large breasts because drawing women as they appear more like in real life was deemed "too childish looking." 
  • Banning the fictional depictions of minors involved in sexual situations will make a fundamental core human attribute taboo.
  • Such a ban will stifle creativity and impoverish the cultural landscape.
  • The value attributed to works of literature and art change over time. The works of modern art and literature from the last two centuries are filled with examples where they were deemed to be vile, corruptive trash by contemporary authorities, but now these same works enjoy high status as priceless cultural treasures.
  • A culture grows richer through addition, not by subtraction.
  • A ban on fictional depictions of minor engaged in sexual situations has the very real potential to brand individuals as sex offenders even though they have had no sexual contact with real people. I believe there could be no legal justification for destroying people's lives simple because they drew doodles on paper, but the proposed ban would create such a legal precedence. 
  • I am absolutely certain that history will not look back kindly upon such a ban, and it will join a long list of colossal failures of regulatory policy, such as the prohibition of alcohol in the US between 1920 to 1933, various sodomy laws, the comic book code, and bans on socialist literature in Japan during the prewar era. It is important to note that all these failed moral crusades were led by virtuous and diligent individuals intent on making the world a better place. 
Ariane Beldi

Australian Anime, Manga & Slash Fans May Run Afoul of Law | Dru Pagliassotti - 1 views

  • However, the Australian law is very vaguely worded, and I fear it’s going to cause as much harm as it may cause good. For example, from an academic’s perspective, it’s clear that one of the problems of this legislation is that it will have a very strong chilling effect on Australian scholars interested in studying anime, manga, slash, and yaoi, or even other forms of sex/uality, because of the sheer possibility that clicking on a link, ordering a movie or manga, or even purchasing an academic book or reading a journal article on the subject might expose one to an image that could be interpreted as “child pornography” under Australian law.
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    In 2010 the Australian Government proposes to go ahead with a mandatory ISP-level internet filtering scheme which, if passed into law, could have a massive impact on anime, manga and slash fans. Why manga and slash fans? Because the main target of the law is to prevent the circulation of 'child abuse sexual imagery' - BUT in Australia 'child abuse sexual imagery' covers even FICTIONAL representations and includes 'under age' characters in anime, manga and slash. If the law is passed, any fan site that contains or links to this material could be added to a government 'blacklist' and access denied in Australia.
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    This is an important news for both fans and scholars of fanfictions and dojinshi.
Nele Noppe

Comic Market: How the World's Biggest Amateur Comic Fair Shaped Japanese Dōji... - 0 views

  • the world's largest regular gathering of comic fans today is Tokyo's biannual Comic Market
  • dōjinshi phenomenon did not start with Comic Market, Comike and dōjinshi are inextricably linked, having shaped each other's history for three decades.
  • Comike convention has shaped the most important trends defining the development of dōjinshi in Japan today
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  • In 1975, a woman who had made critical remarks about the Manga Taikai was excluded from that convention, and [End Page 234] subsequently a firestorm of anger among fans produced a movement against the Manga Taikai led by the famous circle Meikyū (Labyrinth), which resulted in the conception of a new alternative convention. On December 21, 1975, the first Comic Market—"a fan event from fans for fans"—was held in Tokyo.6
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  • Comike's underlying vision was of an open and unrestricted dōjinshi fair, offering a marketplace without limitations on content or access.
  • With the advent of these fan-consumers (as opposed to fan-creators), dōjinshi became demand-driven publications. Greater competition gradually fostered rising standards of quality, which in turn attracted more circles and buyers. Higher sales shrank production costs and boosted profits, which could then be reinvested in the dōjinshi themselves. Small printing companies, many of which had begun in the minikomi (microcommunication) boom of the early 1970s, were able to use the profits derived from greater demand for their services to modernize their equipment, lowering production costs further and enabling them to construct their production schedules around each Comike.8 Additionally, lower printing costs freed smaller groups from the dependence on bigger groups, which often had strict rules on content and style to avoid conflict among their many members. Having lost their raison d'être, these big clubs and circles gradually faded away, leaving dōjinshi creators to produce stories they liked, in the manner they liked.9
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  • aniparo parodied popular anime series, and in doing so, attracted a new type of fan to Comike, beyond its core group of 2000 or so attendees. These were female fans, mostly middle and high school students strongly influenced by the 1970s florescence of shōjo manga. They began to create and consume dōjinshi in which the (bishōnen or "pretty boy") male protagonists of popular anime and manga were transposed into a very particular sort of erotic story typified by the phrase: "without tension" (yama nashi), "without punchline" (ochi nashi), and "without meaning" (imi nashi)—and hence the contemporary genre title, yaoi.10
  • The eleventh Comic Market in spring 1979 saw the popularity of the cute and pure bishōjo or "pretty girl" (strongly influenced by 1970s shōjo manga) skyrocket among men's dōjinshi circles, attracting many new male participants.
  • The Comic Market was dominated by women from the beginning (90 percent of its first participants were female), but in 1981, thanks to lolicon, male participants numbered the same as female participants for the first time in Comike's history.13
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  • Internal conflicts on the Comike planning committee underlay some of these developments: they marked the ascendancy of the faction led by Yonezawa Yoshihiro, who favored Comike's unlimited expansion.15 Though he was criticized for purportedly selling dōjinshi out to commercialism, Yonezawa couched his plans for Comike in terms of a collective organization of the convention by all participants, including staff, circles, and visitors.16 Whatever the underlying reality, these public principles remain little changed today.17
  • Faced with this loss of identity, talent, and space, every other large fan convention except Comike dissolved. Yaoi Boom But in the middle of the decade, one manga and its anime not only saved dōjinshi fandom from near extinction but was responsible for its biggest boom yet. Takahashi Yōichi's Captain Tsubasa (1981–88, Kyaputen tsubasa),
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  • New dōjinshi conventions appeared, and manga shops began selling dōjinshi on commission. Comparatively lush, custom-made, oversized dōjinshi with more than one hundred pages became common, and popular circles could now live on their fanworks' profits
  • professional creators like Toriyama Akira of Dragonball fame participating,
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  • Despite the self-censorship brought on by the mass media's criticism, Comike nevertheless continued to thrive. Young men tired of new, tighter restrictions on professional manga turned to Comike, and attendance once again swelled to 230,000 in the summer of 1990.23 Hardcore lolicon was now passé, and erotic dōjinshi for men had greatly changed. New genres were introduced with such aspects as fetishism and a new style of softcore eroticism enjoyed by men and women alike; in particular, yuri (lily), or lesbian stories, emerged.24Dōjinshi also became smaller and shorter due to professional publishers recruiting talented dōjinshi creators en masse: the bulk of dōjinshi were the works of the less talented creators left behind.25
  • Other factors contributing to the increased interest in dōjinshi and in fanworks were the development of fixed otaku landmarks and the spread of computers. Almost everyone could now afford to make digital dōjinshi as well as audiovisual or even interactive dōjinshi (i.e. dōjin music and dōjin games).
  • The personal technology revolution meant [End Page 239] simplification of fanworks' production processes as well as completely new possibilities for communication and new digital genres. With the growth of dōjinshi in other media, the term "dōjin products" (dōjin seihin) has gradually come into use to describe fanworks of all genres.
  • Further, the conversion of Tokyo's Akihabara "Electric Town" into a district full of shops selling otaku-related goods, as well as the nationwide expansion of otaku-goods retailers and the establishment of Internet communities and message boards in the late 1990s, enabled otaku to live out their interests and to communicate nonstop with like-minded people everywhere. Their interests and culture were easily shared, and consequently information on Comic Market and dōjin culture spread around the world.
  • The rise of the Internet also meant that Comike lost its monopoly as the center of otaku and dōjinshi culture. Nevertheless, Comike remained the most important event for Japanese fans, especially after companies with otaku-related products started to exploit it.28 Firms had been interested in Comic Market for decades as a never-ending pool of promising new talent and as a place to exploit them commercially, and they were willing to pay much money for direct access to these masses of otaku.29 Starting with NEC in the summer of 1995, companies were granted exhibition space to market or to sell their newest products. This was the birth of the dealer booth at Comike, and, as with dōjinshi circles, the number of applicant companies was much higher than that of available spaces: a self-sustaining event with such high attendance was too important for any related company to ignore.30 Companies accepted the existence of unlicensed parody dōjinshi using copyrighted material (albeit in a transformative and thus arguably fair-use manner) since they could now sell exclusive goods at Comike (Figure 3) or use it as a marketing place, attracting to the convention people who were not interested in dōjinshi.
  • In the summer of 2004, 5 percent of all circles participating in Comike were headed by a professional mangaka or illustrator, while another 10 percent had some professional experience.
  • Despite its relative newness, Higurashi became one of Japan's biggest media phenomena, and at the seventy-sixth Comic Market in summer 2009, Tōhō Project became the first dōjin title ever to receive the honor of being considered its own genre.
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  • It seems that dōjinshi circles are not switching entirely to the Internet but rather are using it as an informational and marketing platform for themselves and their creations, spreading the knowledge of and fascination with Comic Market to new spheres.
  • With high attendance, positive media attention, and industry support, Comike's position seems invulnerable. Even the deaths of important figures such as Iwata Tsuguo in 2004 and Yonezawa Yoshihiro—who was the face of Comike for decades—in 2006 did not harm its position. But unresolved problems, such as the use of copyrighted material in parody dōjinshi and the child pornography questions inherent in lolicon and shotakon, remain.
  • Comike was neither the first nor the biggest dōjinshi fair when it was established; its main purpose was to provide the freest market possible, and that freedom has come at a price. The dream of a Comic Market open to every one and everything was never realized, as there were too many physical, financial, and legal restrictions. Even today, the Comic Market suffers from a lack of space, a lack of money, and a lack of legal security. Only two-thirds of applicant circles can participate due to constraints, since, as a small independent operator Comike's financial resources are limited and most of the work is done by volunteers.
  • s the center of attention, with its size and its links to the industry, it is undeniable that Comike possesses the power and the means to influence social, market, and even political developments. In [End Page 244]
  • recent years it has not been reluctant to use this power. Whether through conferences on copyright issues or on the establishment of a "National dōjinshi fair liaison group" (Zenkoku dōjinshi sokubaikai renrakukai) in 2000, it has taken on the responsibility of representing and of regulating Japanese dōjinshi culture.
Nele Noppe

Criminal realism: virtual child pornography, photorealism and the legislation of the vi... - 0 views

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    Nothing manga- or even Japan-related in this article, but nevertheless included in the database because the issue is so relevant in Japan.
Nele Noppe

Pop culture, power and politics inspire Leheny's teaching about East Asia - 0 views

  • His writing has touched on leisure policy, the restriction of teenagers' sexual activities, counterterrorism and popular culture's impact abroad.
  • "The Japanese leisure industry and child pornography and prostitution are not typical objects of analysis for a political scientist," Beissinger said. "But David brilliantly uses these as windows into Japanese political culture and into the ways in which norms and identities shape behavior. His work is some of the most important on contemporary Japanese society."
Nele Noppe

Japan To Regulate Internet, Unifies Telecoms And Business Laws - 0 views

  • wanted manga (comics) and illustrations should be subject to regulation for child pornography.
    • Nele Noppe
       
      To which, presumably, manga will adapt the way they adapted to the famous no-pubic-hair Article 175: by diving into every loophole. The childlike characters in pornographic manga originally surfaced because adult nudes, with pubic hair, could not be depicted. Drawings and virtual images do no reflect real persons in the vast majority of cases. If a creator says that the underage-looking character he's drawn is actually 22 years old, who can prove him wrong? Where's the line?
Nele Noppe

Down the Slippery Slope - The Crime of Viewing Manga - 0 views

  • Given all the qualifying facts in the Whorley case, one might ask, why should anyone care? Setting aside questions of fundamental justice for the moment, the answer is: because cartoons and drawings aren't child pornography and should not be treated as such under the law.
Nele Noppe

Osaka Considers Regulating Boys-Love Materials - 0 views

  • The announcement says that the government is "considering the regulation of women's (josei) comic magazines and boys-love materials." In addition to women's comic magazines and boys-love materials, the government is investigating the true extent of child pornography (particularly via online distribution) and "sexual, visual depictions of youths."
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