Censorship in Japan
Encyclopedia
In Japan
, Article 21 of the Japanese Constitution
guarantees freedom of expression and prohibits formal censorship. What censorship
does exist is often carried out through Article 175 of the Criminal Code of Japan
. Historically the law has been interpreted in different ways—recently it has been interpreted to mean that all pornography must be at least partly censored; however, there have been very few arrests based on this law.
in 1868, which marked a major political shift in Japan, the government began heavy censorship of Western ideas, pornography and any political writings critical of the Shogun
and government, wanting to control the spread of information. Censorship of materials increased from this point, often using ongoing wars to increase police powers and penalties. In 1928, the death penalty was added to the list of punishments deemed acceptable for certain violations. This continued, eventually leading to the being elevated to the in 1940, which consolidated the previously separate information departments from the Army, Navy and Foreign Ministry under the aegis of the Home Ministry. The new Bureau had complete control over all news, advertising and public events. The following year revision of the eliminated freedom of the press
entirely, doing things such as forcing papers in each prefecture to either merge into one paper or cease publication, with all articles by the paper having to be screened by government censors before they could be published.
in 1945, the Supreme Commander of the Allied Powers
abolished all forms of censorship and controls on Freedom of Speech
, which was also integrated into Article 21 of the 1947 Constitution of Japan
. However, press censorship remained a reality in the post-war era, especially in matters of pornography, and in political matters deemed subversive by the American government during the occupation of Japan.
According to David M. Rosenfeld:
Censorship has gradually decreased since this time, and most censorship in Japan is now self-censorship
.
School Days and Higurashi no Naku Koro ni Kai were canceled or delayed. After 10PM on weekdays, dramatic programs featuring realistic sexual acts and partial nudity are occasionally aired on broadcast television. These are usually exploitative
programs modeled after jidaigeki
.
, which forbids creating and distributing "indecent" materials, it is believed that most pornography in Japan must be at least partially censored. There have, however, been very few arrests for violations of this law.
The most recent trial based on this law, the first in 20 years, was the conviction of Suwa Yuuji in January 2004 for his hentai
manga
Misshitsu
. He was originally fined 500,000 yen and avoided jail time by pleading guilty. When he appealed the case to the Supreme Court of Japan
on arguments that the manga was not as indecent and explicit as much material on the Internet
and that Article 175 violated the Japanese Constitution's
protection of freedom of expression, the Court upheld the ruling, and fine was tripled to 1.5 million yen.
After Yuuji's conviction, a number of bookstores and chains removed their adults-only section. Their motivation has been attributed to the outcome, in a "chilling effect".
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, Article 21 of the Japanese Constitution
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
guarantees freedom of expression and prohibits formal censorship. What censorship
Censorship
thumb|[[Book burning]] following the [[1973 Chilean coup d'état|1973 coup]] that installed the [[Military government of Chile |Pinochet regime]] in Chile...
does exist is often carried out through Article 175 of the Criminal Code of Japan
Criminal Code of Japan
The Penal Code of Japan was passed in 1907 as Law No. 45. It is one of the Six Codes that form the foundation of Japanese law.- External links :* - Japanese Ministry of Justice...
. Historically the law has been interpreted in different ways—recently it has been interpreted to mean that all pornography must be at least partly censored; however, there have been very few arrests based on this law.
History
After the Meiji RestorationMeiji Restoration
The , also known as the Meiji Ishin, Revolution, Reform or Renewal, was a chain of events that restored imperial rule to Japan in 1868...
in 1868, which marked a major political shift in Japan, the government began heavy censorship of Western ideas, pornography and any political writings critical of the Shogun
Shogun
A was one of the hereditary military dictators of Japan from 1192 to 1867. In this period, the shoguns, or their shikken regents , were the de facto rulers of Japan though they were nominally appointed by the emperor...
and government, wanting to control the spread of information. Censorship of materials increased from this point, often using ongoing wars to increase police powers and penalties. In 1928, the death penalty was added to the list of punishments deemed acceptable for certain violations. This continued, eventually leading to the being elevated to the in 1940, which consolidated the previously separate information departments from the Army, Navy and Foreign Ministry under the aegis of the Home Ministry. The new Bureau had complete control over all news, advertising and public events. The following year revision of the eliminated freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
entirely, doing things such as forcing papers in each prefecture to either merge into one paper or cease publication, with all articles by the paper having to be screened by government censors before they could be published.
Occupation of Japan
After the surrender of JapanSurrender of Japan
The surrender of Japan in 1945 brought hostilities of World War II to a close. By the end of July 1945, the Imperial Japanese Navy was incapable of conducting operations and an Allied invasion of Japan was imminent...
in 1945, the Supreme Commander of the Allied Powers
Supreme Commander of the Allied Powers
Supreme Commander of the Allied Powers was the title held by General Douglas MacArthur during the Occupation of Japan following World War II...
abolished all forms of censorship and controls on Freedom of Speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, which was also integrated into Article 21 of the 1947 Constitution of Japan
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
. However, press censorship remained a reality in the post-war era, especially in matters of pornography, and in political matters deemed subversive by the American government during the occupation of Japan.
According to David M. Rosenfeld:
Censorship has gradually decreased since this time, and most censorship in Japan is now self-censorship
Self-censorship
Self-censorship is the act of censoring or classifying one's own work , out of fear of, or deference to, the sensibilities of others, without overt pressure from any specific party or institution of authority...
.
Television
Whilst there is no official censorship of TV media, there has been some self-censorship by TV stations following a Pokémon episode that caused seizures in 1997. For example, following a murder incident in 2007, episodes of the animeAnime
is the Japanese abbreviated pronunciation of "animation". The definition sometimes changes depending on the context. In English-speaking countries, the term most commonly refers to Japanese animated cartoons....
School Days and Higurashi no Naku Koro ni Kai were canceled or delayed. After 10PM on weekdays, dramatic programs featuring realistic sexual acts and partial nudity are occasionally aired on broadcast television. These are usually exploitative
Exploitation film
Exploitation film is a type of film that is promoted by "exploiting" often lurid subject matter. The term "exploitation" is common in film marketing, used for all types of films to mean promotion or advertising. These films then need something to exploit, such as a big star, special effects, sex,...
programs modeled after jidaigeki
Jidaigeki
is a genre of film, television, and theatre in Japan. The name means "period drama" and is usually the Edo period of Japanese history, from 1603 to 1868. Some, however, are set much earlier—Portrait of Hell, for example, is set during the late Heian period—and the early Meiji era is also a popular...
.
Pornography
Due to the current interpretation of Article 175 of the Criminal Code of JapanCriminal Code of Japan
The Penal Code of Japan was passed in 1907 as Law No. 45. It is one of the Six Codes that form the foundation of Japanese law.- External links :* - Japanese Ministry of Justice...
, which forbids creating and distributing "indecent" materials, it is believed that most pornography in Japan must be at least partially censored. There have, however, been very few arrests for violations of this law.
The most recent trial based on this law, the first in 20 years, was the conviction of Suwa Yuuji in January 2004 for his hentai
Hentai
is a Japanese word that, in the West, is used when referring to sexually explicit or pornographic comics and animation, particularly those of Japanese origin such as anime, manga, and computer games. The word hentai is a kanji compound of 変 and 態...
manga
Manga
Manga is the Japanese word for "comics" and consists of comics and print cartoons . In the West, the term "manga" has been appropriated to refer specifically to comics created in Japan, or by Japanese authors, in the Japanese language and conforming to the style developed in Japan in the late 19th...
Misshitsu
Misshitsu
is an explicit hentai manga by Suwa Yuuji. It was published in Japan in April 2002 by the Shobunkan publishing group, Monotori Kishi.-Controversy:...
. He was originally fined 500,000 yen and avoided jail time by pleading guilty. When he appealed the case to the Supreme Court of Japan
Supreme Court of Japan
The Supreme Court of Japan , located in Chiyoda, Tokyo is the highest court in Japan. It has ultimate judicial authority to interpret the Japanese constitution and decide questions of national law...
on arguments that the manga was not as indecent and explicit as much material on the Internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
and that Article 175 violated the Japanese Constitution's
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
protection of freedom of expression, the Court upheld the ruling, and fine was tripled to 1.5 million yen.
After Yuuji's conviction, a number of bookstores and chains removed their adults-only section. Their motivation has been attributed to the outcome, in a "chilling effect".
See also
- Asahi Shinbun
- Computer Entertainment Rating OrganizationComputer Entertainment Rating OrganizationThe is a Japanese entertainment rating organization based in Tokyo. rating video game content in console games with levels of rating that informs the customer of the nature of the product and for what age group it is suitable...
—a Japanese rating organization for video games - Constitution of Japan#Individual rights
- EirinEirinis the abbreviated name for , Japan's movie regulator. Eirin was established on the model of the American Motion Picture Producers and Distributors of America's Production Code Administration in June, 1949, on the instructions of the US occupation force...
—the Japanese film rating organization - Internet censorshipInternet censorshipInternet censorship is the control or suppression of the publishing of, or access to information on the Internet. It may be carried out by governments or by private organizations either at the behest of government or on their own initiative...
- Japanese history textbook controversiesJapanese history textbook controversiesJapanese history textbook controversies refers to controversial content in government-approved history textbooks used in the secondary education of Japan...
- Nihon Ethics of Video AssociationNihon Ethics of Video AssociationThe , usually abbreviated as Viderin or Biderin , was a Japanese video rating organization. NEVA was founded in 1972 and had its headquarters in the Chūō ward of Tokyo. It was a voluntary organization to ensure adherence to Japanese obscenity laws which prohibit any display of genitals...
(NEVA)—a Japanese rating organization for videos - Tokyo Metropolitan Ordinance Regarding the Healthy Development of YouthsTokyo Metropolitan Ordinance Regarding the Healthy Development of YouthsThe is a prefectural law passed by the Tokyo Metropolitan Assembly in 1964. Its purpose is to promote the healthy development of people under the age of 18 by restricting their access to published material that is considered harmful...
—the Tokyo law that regulates young people's access to "harmful" publications - Uyoku dantaiUyoku dantaiUyoku dantai are Japanese nationalist right-wing groups.In 1996, the National Police Agency estimated that there are over 1000 right wing groups in Japan with about 100,000 members in total.-Tennō period:...
("right wing groups")