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- #WHY JAPAN DOESNT DO HARDCORE GAY HENTAI MOVIE#
- #WHY JAPAN DOESNT DO HARDCORE GAY HENTAI CODE#
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In practice, while there are some moral crusaders who would oppose the complete repeal of the law, anything that puts up enough effort at censoring that the police don't decide to prosecute it is free to go.
#WHY JAPAN DOESNT DO HARDCORE GAY HENTAI MOVIE#
The censorship itself is all done by movie studios (EIRIN governs the approval process for cinema), artists, and pornographers themselves rather than by the government. Several other movies have subsequently pushed the limits, getting to the point where some art films can even display nudity without censorship. This basically set the legal precedent that censorship was enough to avoid prosecution. The screening of the 1962 film The Market of the Flesh was stopped on the grounds that it violated the obscenity law, but it was never prosecuted, and it was allowed to be re-released with the obscene parts removed.
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The rather pointless mosaic censorship seen in Japanese pornography today stems from a series of decisions involving the so-called "Pink" film genre of soft-core erotic films that exploded in Japan in the '60s. Subsequent cases have further narrowed the definitions, though. Despite Mano's historical accuracy, that was not enough to sway the rest of the court. Justices Mano and Kobayashi vigorously dissented from the majority opinion, citing Japan's long history of being sexually open in art, literature and public festivals as evidence that Japanese did not feel such shame and no such universal moral standard existed. In that decision, the Majority opinion was that materials that aroused sexual desire must be obscene because of a proposed universal feeling of shame about sex - indeed, they held this shame to be so universal that society's standards should not play into the question of obscenity. Prior to 1957, the law was mostly used by police to simply stop publication of materials they found to be obscene, but the supreme court finally heard a case involving the famous and conspicuously Western Lady Chatterly's Lover in 1957. Amanda Dobbins's "Obscenity In Japan: Moral Guidance Without Legal Guidance" details the history of these cases. Most of the famous cases involving erotica have dealt with works that deal with nudity as art, rather than simply pornography. Combined with the lack of a widespread cultural feeling about what is or is not obscene in terms of sex, this has led to a protracted argument about what counts as obscene in the courts. The only changes that have been made since 1907 are updates of the imprisonment and fines spelled out within it. The same shall apply to a person who possesses the same for the purpose of sale.
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(Distribution of Obscene Objects) A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. This mismatch between social mores and the strict law is arguably responsible for the apparent contradiction between Japan's legal requirement that genitals be censored and the thriving Japanese pornography industry.Ĭompounding the problem, Article 175 does not define obscenity.
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"pictures of spring").Īs you can see, even at the time of the obscenity law's introduction, there was a mismatch between the cultural acceptance of-and demand for-pornography, and the government-imposed ban on obscene materials. That erotica is generally called shunga (春画 lit. Very simply, Western countries had a problem with sexual images at the time, while they were fairly common in Japan - many famous artists published books of erotica to pay the bills, for example. While I have never seen any specific quote from a government official about including the obscenity article, we can probably say that the obscenity article resulted from the same general impetus toward westernization that inspired the rest of the criminal code.
#WHY JAPAN DOESNT DO HARDCORE GAY HENTAI CODE#
As such, most of this criminal code represented an attempt to match Japan's legal codes to those of Western countries. This code and its subsequent revisions were put out shortly after the late 19th century Civilization and Enlightenment ( bunmei kaika 文明開化) movement of wholesale social and governmental westernization. That code was left nearly untouched by the Occupation and is still in effect. More accurately, Japanese censorship of erotic images got its start in the 1907 revision of the Criminal Code that forbade the depiction of "obscene" ( waisetsu 猥褻) images with article 175, which a few people have already mentioned. Allow me to re-post my r/askhistorians post on the topic: