Misshitsu
Encyclopedia
is an explicit hentai
manga
by Suwa Yuuji. It was published in Japan in April 2002 (in 20,000 copies across 1,900 retailers) by the Shobunkan publishing group, Monotori Kishi.
trial in the Tokyo District Court
was held, the first such trial for more than 20 years. The results of the trial was the conviction of Suwa Yuuji in January 2004 (on the charges of violating article 175 of the "National Penal Code", the Japanese penal code, which forbids creating and distributing "indecent" materials). Yuuji was fined, and to avoid a jail sentence, pled guilty. More materially, all adult manga by Yuuji was removed from the marketplace. The publisher Monotori Kishi was also convicted, but his 1 year in jail was suspended by the judge.
The case was appealed to the High Court
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 High Court upheld the ruling, and tripled the fine on Yuuji to 1.5 million yen from the original 500,000 yen
After the conviction, a number of bookstores and chains removed their adults-only section; their motivation has been attributed to the outcome, in a "chilling effect
".http://www.paulgravett.com/articles/manga_intro/manga_intro.htm
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...
by Suwa Yuuji. It was published in Japan in April 2002 (in 20,000 copies across 1,900 retailers) by the Shobunkan publishing group, Monotori Kishi.
Controversy
A major obscenityObscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
trial in the Tokyo District Court
Tokyo District Court
is a district court located at 1-1-4 Kasumigaseki, Chiyoda, Tokyo, Japan. -References:...
was held, the first such trial for more than 20 years. The results of the trial was the conviction of Suwa Yuuji in January 2004 (on the charges of violating article 175 of the "National Penal Code", the Japanese penal code, which forbids creating and distributing "indecent" materials). Yuuji was fined, and to avoid a jail sentence, pled guilty. More materially, all adult manga by Yuuji was removed from the marketplace. The publisher Monotori Kishi was also convicted, but his 1 year in jail was suspended by the judge.
The case was appealed to the High Court
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 High Court upheld the ruling, and tripled the fine on Yuuji to 1.5 million yen from the original 500,000 yen
After the conviction, a number of bookstores and chains removed their adults-only section; their motivation has been attributed to the outcome, in a "chilling effect
Chilling effect
In a legal context, a chilling effect is the term used to describe the inhibition or discouragement of the legitimate exercise of a constitutional right by the threat of legal sanction. The right that is most often described as being supressed by a chilling effect is the right to free speech...
".http://www.paulgravett.com/articles/manga_intro/manga_intro.htm
External links
- Article on the ruling in Asahi ShimbunAsahi ShimbunThe is the second most circulated out of the five national newspapers in Japan. Its circulation, which was 7.96 million for its morning edition and 3.1 million for its evening edition as of June 2010, was second behind that of Yomiuri Shimbun...
- Article in the BBCBBCThe British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
- http://www.yomiuri.co.jp/newse/20040116wo33.htm
- Article on the results of the appeal Article arguing that the case shows the need for clearer regulations, and describing the content http://www.japan-manga.jp/jsp/details.jsp?HanID=55556