Child Pornography Law in Japan

(This is a repost of an old blog.)

Child pornography is one of the most controversial topics to blog about, especially when a blogger is openly “queer” like me. The long-standing stigma and (wrong) stereotype of homosexuality is that homosexuals are pedophiles. And today, I assume that anyone intellectual enough or marginalized enough can tell the difference between the two. But what I am concerned with right now isn’t the problem of stereotyping homosexuals as pedophilic. I am concerned with how anti-regulation sentiments against restrictive laws regarding child pornography could be both queer (in terms of protecting the right to privacy of queer people including pedophiles who may or may not act on their desire (of course, child molesters and abusers do and should receive legal penalty for their action)) and hetero-male centrism (in terms of only defending pedophilic male heterosexuals‘ right to assume spectatorship in the realm of sexual display). And I’m appalled at how hard it would be if I tried to make and keep it queer since mainstream anti-restrictionism usually goes with the flow while the “flow” is always invariably in favor of heterosexual males.

I must admit that I am against the laws that make it punishable to possess child pornography. There are so many things in what anti-child pornography activists say that I agree with; for example, I agree that as a society we need to protect children from harm, that child abuse and molestation are cruel crimes that occur at every site of creating live-action child pornography, and that producing, distributing, and earning money by selling child pornography should not be done and should be prevented by all means. Period. Production of child pornography is always accompanied by some kind of sexual activity between the child and the crew. Getting money out of such products is totally unethical and unacceptable, just like it is to sell a video specifically intended to entertain viewers in which real murder takes place. Also, distribution of child pornography without earning money from it is problematic because it violates children’s privacy and their right not to be publicly exposed without consent, the violation of which puts them in jeopardy in psychological terms and their social life ahead. But watching child pornography for excitement does not push such injustices any further. Yes, the gaze that they direct at children in pornography might be very twisted and disturbing to some people, but that does not and should not constitute a legal ground for punishing consumers of child pornography. Punishing them does not reduce the number of actual sexual abuse/molestation cases because for the most part, a child molester is the victim’s relative such as a father, uncle, and cousin or acquaintance such as a neighbor, sport team coach, and teacher–and they are usually the same people who make child pornography by videotaping their abusive activities.

So if child pornography is growing, spreading, circulating and ever increasingly easy to obtain and possess, especially because of the Internet, then what we should do is to enforce the laws prohibiting sexual abuse/molestation and distribution of child pornography (profit or nonprofit) in stricter ways, not to bust consumers totally uninvolved in the process of production or distribution of whatever pornographic product he or she may have and enjoy (if they are involved in production and/or distribution, then they must face penalty according to the laws prohibiting those actions, putting aside the fact that they possess child pornography). Gaze cannot be controlled by the state. History alarmingly tells us that when it comes to “fixing” or deflecting deviant sexualities, no attempt has been successful. So in order to protect children from harm, I would suggest the followings: (1) to make harsher the laws against production and distribution of child pornography, as well as, of course, child abuse/molestation where pornography is not produced, (2) to supply some kind of alternative–and I’m thinking about animation or 3DCG pornography–to people who have relied on child pornography for sexual satisfaction and would not be able to access it because of decrease in number of child pornography available in store or on the Internet because of the laws with (now) harsher punishment, and (3) to better educate children, parents, teachers and citizens on child abuse/molestation: for example, teaching protection tactics for children and offering prohibitive workshops for parents to help them understand that their child’s body belongs to no one but the child him/herself and that even if the child seems to enjoy it while having sexual interactions with them, it might leave deep scars in their mind for decades that sometimes cause flashbacks and emotional confusion.

Those things are what we need to do in order to really protect children from harm. In other words, as a society, they are the only ways that public administration can interfere in the matter of sexuality. Criminalizing possession of child pornography, or in other words, criminalizing possession of pedophilic gaze, should not be the answer. Such restriction on having certain desire would be based on the categories of sexuality, which has its history (remember the sodomy laws and spousal exemption in rape laws which honored and advantaged male sexuality within marriage). Instead, we need to focus on reducing real harm like child abuse, molestation and violation of children’s privacy.

(We, however, must not forget that what can be done legally is not all we can. Critique can play a significant role in opening up the ways that we critically interpret, evaluate, and judge child pornography in non-restrictive ways. It can produce many counter-arguments against the ways children are portrayed and represented in child pornography without appealing to state power that might enact censorship or criminalize possession of child pornography, which would give them monopoly over cultural representation of children’s sexuality.)

The above is the argument that I made in my other blog in response to the Japanese parliament’s reformative proposition of child pornography laws. The World Congress III Against Sexual Exploitation of Children and Adolescents (November 24, 2008) reached an international agreement that all participating countries would undertake to criminalize the possession of child pornography including cartoons (animation, comics, 3DCG, etc.). The parliament decided not to include bans on possession of animation/comic/3DCG child pornography in the bill but apparently they wanted to. Fortunately, though so for only a little while I guess, the parliament is going to be disbanded pretty soon and all the bills currently up will be turned down. But I’m sure the bill will come back on the table sometime soon if not immediately. So I made a Twitter account (LINK–requires Japanese language compatibility) specifically designed to deliver related news, articles, academic papers and blog entries that I think will bring some insight for people who find the bill dangerous.

Fortunately (or unfortunately, as I will explain later), there are so many people on the Internet that explicitly protest against the bill. Online forums are flooded with anti-reform comments including ones celebrating the disbandment of the parliament. This seems like a phenomenon that Cass Sanstein calls “cyber cascade”, creating echo chambers and accompanied by another phenomenon called group polarization. That means, for example, people first respond to something (like a news article) and search on the Internet using terms such as “problem child pornography reform” and “importance child pornography reform,” but putting words like “problem” and “importance” in the search box already reflects their initial response to the news, and websites that show up are the kind of websites that they wan
t
to read, allowing them indulgence and interactions with other people who also hold the same or similar views with them, which makes it more likely for them to agree with each other and believe that their opinion is flawless. And that sometime leads to extremism.

But there’s nothing one can do to prevent or stop a cyber cascade once it’s started. But several attempts have been made to slow down cyber cascades, among which the most relevant would be this. When anti-feminist backlash gained so much popularity and some influence on real politics between 2002 and 2005, a famous blogger and friend of mine, Chiki Ogiue, created a comprehensive web page (Japanese) where he provided correct information about feminism and what was called gender-free movement, the two of them being two different things while overlapping each other in some aspects. And the web page became good resource for Internet users to bring up in online forums and use for better understanding of what was going on. Chiki thinks that the decay of the online backlash in 2005 had nothing to do with the web page, but it definitely played a role.

But the question is, why is it that cyber cascades in Japan have never happened in favor of feminism or queer activism? Putting aside the problem of cyber cascades being misinformed and narrow-minded, how come we have never had a feminist or queer cyber cascade? It’s easy to imagine that such a thing would be similarly misinformed and narrow-minded, but let’s just say it’s okay for a moment and ask, why always conservative? Because it’s easier for the average person to be conservative? Because conservatism can be spoken about in everyday language and thus easy to jump onto? Maybe because many feminists and queer activists are not brave enough to take a definite stand but willing to take time to take into account more things than they can handle within the length of their life? Well, I don’t have any answer. In fact, it could be very dangerous in many ways when a cyber cascade of that kind (feminist/queer) occurs; for example, one particular feminist idea might be picked and celebrated in the cascade, whose opposing idea, also feminist, is completely discarded and disrespected by those flowing in the current of cascade. Or, perhaps more probable is that some feminist idea gets picked and all the queer ideas (even ones shared by many feminists) are ignored, or vice versa. So it might be a good thing that there’s no feminist or queer cascade.

But the Twitter account that I opened is my attempt to somehow create a queer cascade, or more precisely, make the anti-reform cascade currently going on into a queer one–or, if that’s just too optimistic, just put a little bit of queer twist into the cascade. And I am doing this because (1) now is one of those rare times that there is a huge flow of ideas that some (but not all, I know) feminists and queer activists can actually agree with and there are so many people who support the ideas, and because (2) without queer intervention, the anti-reform cascade would most likely end up being yet another heterosexist, male-centric defense against egalitarianism that attempts to protect marginalized people (women, children, foreigners, disabled people etc.) from erotic male gaze that has historically been by all means defended and even promoted by various cultural artwork, especially pornography. So what I want to do is to make people in the cascade realize that what they are doing is not, and should not be, only to protect male heterosexuals’ right to have pedophilic fantasies, but also part of a larger movement of queer and feminist nature and thus supported by queer and feminist theories, whether they like it or not.

I myself personally couldn’t care less about male heterosexual fantasies about young girls. I wouldn’t raise my voice and say I’m against the reform bill if that were the only thing we are going to defend. But I’ve gotten my ass up, thinking that this attempt, if successful, would create a society a little bit more inclusive of our queerness. In other words, what I am trying to do is to use the cascade for the sake of queer mobilization.

I don’t know if that’s gonna work. I don’t know if other queer activists and feminists will agree with the idea. So, yeah, wish me luck.

Masaki C. Matsumoto
Queer & feminist writer/YouTuber in Japan. To know more about Masaki, visit About.

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