Child Pornography: Canada vs. Japan Essay

â€Å"We think that child pornography, in any form, promotes values and sends the message that it is OK to sexually abuse children. It helps paedophiles to justify their ideas or behaviour and it desensitizes society as a whole.† ( 1995. John Carr, a United Kingdom government adviser. ) The classification of sexual exploration , the governments laws, and landmark cases all play a part in how the people perceive child pornography. â€Å"Japan is one of the world’s biggest suppliers of child pornography and the second biggest consumer after the U.S.† (Justin McCurry, Japan to Outlaw Possession of Child Porn, GUARDIAN, Mar. 10,2008) In Japan they have a very lose definition of child pornography where as in Canada it is firm and unbending. There are many different types of sexual exploitation in Japan involving minors, some are considered illegal and wrong but most comply with the country’s laws. Adult anime or Hentai is one of the most popular forms of pornography in Japan. It is in a cartoon format and can therefore show graphic sexual activities without being subject to the same laws as live films. They feature mainly young school girls or boys and are not considered child porn. Since it is not classified as illegal anime pushes many boundaries that movies could not. Hentai commonly involves rape(Goukan Purei â€Å"Rape play†) , bondage( Broken Dolls), and Lolicon with involves sexual encounters with prepubescent girls. There are video games based on these fantasies called â€Å"bishÃ… jo games† or â€Å" pretty girl games†. Many Asian cultures have an obsession with child like women. Women show in all media are small and frail, helpless and have very high voices. This shows a value message in Japan, that women are meant to seem young and child like and innocent . In Canada there is a rigid definition of pornography written in the Code. It includes all material computer generated or actors. It can be defined depicting or promoting sexual abuse of a child, a sexual act or the genital organs of children. It exists in three main forms, visual, audio and text. Canada is very intolerant of it and has strict laws in place to prevent the production, distribution, and possession of child pornographic materials. Under article 175 in the Criminal Code , Japanese laws states that it is illegal to sell, display to the public, and distribute child pornographic material. Child pornography was banned in Japan in 1998 by the Act on Punishment of Activities Relating to Child Prostitution and Child Pornography. The enforcement of this act began in 1999 and it was first amended in 2003. Films and pictures depicting sexual organs are against the law but company’s have found ways around it that are perfectly legal and just as inappropriate. The body parts are merely made fuzzy and according to the law may be sold to the public. Many of the Japanese politicians appear to be indifferent to this issue unfortunately. They believe that it would contravene with the fundamental freedom of speech and expression. The Japanese have historically be lax on this subject in 1996 it was brought before the UN conference in Sweden. The public began to put heavy pressure on Japan to reform their laws and the government was forced to act. Despite the law stating that the sale, display, and distribution of the pornography is illegal the possession of it is not. In 2008 the government begin a campaign to amend the act to pronounce the possession of child pornographic items illegal as well. This change was spearheaded by former American ambassador to Japan, J. Thomas Schieffer and the bill is waiting at the Japanese parliament ( Diet) since 2009. While the government in Japan struggles to control the controversial media with new bills and enforcement of the laws Canada is very sure of its position in this matter. The Canadian Criminal Code includes child pornographic material under Part 5 : Sexual Offences, Public Morals and Disorderly Conduct: Offences Tending to Corrupt Morals. Section 163 of the Code describes child porn as â€Å"a visual representation, whether or not it was made by electronic or mechanical means†, that â€Å"shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity†, or â€Å"the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years.† ( C-64. Canadian Criminal Code. Section 163.1) Canadian government has recently introduced a bill to crack down on child porn on the internet, if passed it would b ecome on of the only countries in the world to restrict access to child porn online. This bill includes accessing, creating, and selling the material and would carry a possible 5 year prison sentence. Japan is the official child pornography capital of the world. It produces about four fifths of all the films, books, and magazines that are distributed worldwide. The Japanese National Police recently composed a report showing that there was a dramatic rise in criminal cases last year surrounding child pornography. There was 1455 reported cases involving children under 18. In Canada unlike Japan, Hentai is considered a form of child pornography and can be charged in court for the possession of it. On Monday January 20th 2012. Jeffrey Bedford, 41 , was sentenced to six months in jail for having over 1,100 images of animated child pornography on his computer. Police confiscated his laptop and found 1,135 sexual pictures of young girls aged four to fourteen. Bedford pleaded guilty but his lawyer asked the judge to consider that the girl were electronic cartoon and not real people. â€Å"It’s not the situation where an actual young person is victimized,’’ said his lawyer, Bruce Ritter. However the judge disagreed and stated that anime is the same as actually photographs and the purpose of the photos are the same. This is the problem that plagues Japan, is adult amine porn? Most people in North America would argue yes but it has been so deeply entwined in Japanese society that it is not seen as an illegal act. The contrast between Japan and Canada when discussing child pornography is extremely apparent . Japan has few laws and even fewer that are strictly enforced while Canada abides by a solid definition and set of laws restricting any contract with the taboo material. The numerous aliases of child porn , the country’s laws, and important legal cases are factors in shaping the country’s view on child pornography. Works Cited Umeda, Sayuri. â€Å"Japan: child pornography–Child Pornography Law Amendment discussed.† Global Legal Monitor (2010). Gale Power Search. Web. 1 June 2012 â€Å"Child porn law struck down.† Canadian News Facts 1 Jan. 1999: 5804. Gale Power Search. Web. 1 June 2012 â€Å"The darker side of cuteness.† The Economist [US] 8 May 1999: 32. Gale Power Search. Web. 1 June 2012 Page, Barnaby. â€Å"Canada Considers Tough Online Child Porn Laws.† TechWeb 16 Mar. 2001. Gale Power Search. Web. 1 June 2012 â€Å"Tough on child porn.† Maclean’s 7 Dec. 2009: 8. Gale Power Search. Web. 1 June 2012 â€Å"Outraged innocence; Child pornography in Japan.† The Economist [US] 20 Mar. 2010: 55EU. Gale Power Search. Web. 1 June 2012 â€Å"Child-porn case goes to top court.† Canadian News Facts 16 June 1999: 5892. Gale Power Search. Web. 1 June 2012 http://www.therecord.com/news/local/article/663204–six-month-sentence-sends-strong-message-about-animated-child-porn