Tokyo Metropolitan Ordinance Regarding the Healthy Development of Youths
Encyclopedia
The 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 restrictions are primarily carried out through self-regulation by the publishing industry.
The Ordinance was controversially revised in December 2010 to expand the definition of "harmful publications" and to give the Metropolitan government greater powers to enforce the law's provisions.
called Juvenile Guide, founded in 2003, approximately half of the 2,000 pornographic animation titles distributed in Japan every year, including films and video games, feature schoolgirl
characters. On March 11, 2008, UNICEF Japan issued a statement calling for further tightening of child pornography laws in Japan
, including the ban of sexual depictions of minors in manga
, anime
and video games. Such a ban was not considered by Japan's officials at the time.
and received strong opposition from the publishing industry, the Writers Guild of Japan and the Japan Federation of Bar Associations, and was rejected by the Tokyo Metropolitan Assembly
on June 16, 2010. Voting on the bill was put on hold until June, and Shintarō Ishihara
, the governor of Tokyo, admitted that the bill's language needed revision.
Despite revisions made which changed "nonexistent youths" to "depicted youths", the bill continued to be opposed by the Democratic Party of Japan
and was rejected by the Assembly in June.
announced his intent to submit a new revision later in the year. This revision, informally referred to as Bill 156, was submitted by the government in November 2010. It removed the controversial "non-existent youth" term but still proposed a number of significant changes to the law:
Like its predecessor the bill was opposed by many writers, publishers and lawyers. However, the Japanese Parent Teacher Association expressed its support for the changes.
Bill 156 was approved by the Metropolitan Assembly's general affairs committee on 13 December 2010 and passed by the full Assembly two days later. The committee added a non-binding clause to the bill that calls on regulators to take into account "merits based on artistic, social, educational, and satirical criticism criteria" when evaluating publications under the revised law. Only two small political parties, the Japanese Communist Party
and the Tokyo Seikatsusha Network
, opposed the bill. The revised law will take full effect on 1 July 2011.
, which would require self-regulation of "'manga, anime and other images'...that 'unjustifiably glorify or emphasize' certain sexual or pseudo sexual acts"...depictions of 'sexual or pseudo sexual acts that would be illegal in real life'". However, the bill no longer uses the term nonexistent youth and applies to all characters and to material that is not necessarily meant to be sexually stimulating. On December 13, 2010 it passed through committee. It was approved in December and will take full effect in July 2011. According to the Tokyo Metropolitan Government Office for Youth Affairs and Public Safety, the bill does not regulate mobile sites or downloaded and is only intended for publications such as books and DVDs.
's management tried to calm worries for new manga artists. According to Anime News Network
(ANN), at the New Manga Creators Awards ceremony Kazuhiko Torishima, senior managing director and editor, said he wanted "new manga authors to produce manga that would blow away [Tokyo Governor] Shintaro Ishihara" and Masahiko Ibaraki, editor-in-chief of its third editorial department, added that he didn't want the increased regulations to have a chilling effect on their content and they would still feature anything that was exciting. In addition, the Mobile Content Forum and a group of female Yaoi
authors voiced their opposition.
Takeshi Nogami announced the publication of an anti-Ordinance doujinshi at Comiket
79, entitled An Idiot's Guide to Tokyo's Harmful Books Regulation. The all-ages doujin sold out its first printing of >1000 copies and went into a second printing; it will be officially translated into English & released online. In a blog post on 13 December 2010, the Japanese Prime Minister Naoto Kan
expressed concern about the impact of the boycott and urged the parties involved to work towards resolving the situation.
The Association of Japanese Animations
(AJA) along with the and several Japanese anime and manga publishers have voiced opposition to the bill. For its part, the AJA has voiced concerns the bill has major freedom of expression problems which are guaranteed by the Constitution of Japan
. Specifically, the bill's scope and its vague requirements. In addition, the AJA said that they did not receive prior notice or hearings on the matter even though the bill deals with anime and thus it did not receive due process
.
In response to the bill, Comic 10 Society has said it will boycott the 2011 Tokyo International Anime Fair
organized by the AJA which, according to AJA, threatens the event's quality. Shueisha has asked anime production companies to pull its material and asked other publishers to do the same. In response, Shogakukan
and Kodansha
posted similar responses. Other vendors have backed out of the fair in response to the bill with rented space down 20%. The resulting cancellations TAF lowered its expectations ¥110 million (about US$1.3 million). According to ANN, the Japanese Prime Minister Naoto Kan
wrote in his blog about the concerns of TAF's cancellation.
, based on materials presented by the Tokyo Metropolitan Government during meetings with the Council on Publishing Ethics. The works listed include five seinen and ecchi
titles and one shōjo title, with reasons for restriction varying from "rape" and "incest" to "sexual intercourse in a school building".
Local ordinance
A local ordinance is a law usually found in a municipal code.-United States:In the United States, these laws are enforced locally in addition to state law and federal law.-Japan:...
passed by the Tokyo Metropolitan Assembly
Tokyo Metropolitan Assembly
The is the prefectural parliament of Tokyo.Its 127 members are elected every four years in 42 districts by single non-transferable vote. 23 electoral districts equal the Special wards of Tokyo, another 18 districts are made up by the cities, towns and villages in the Western part of the...
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
Considered harmful
In computer science and related disciplines, considered harmful is a phrase popularly used in the titles of diatribes and other critical essays ....
. The restrictions are primarily carried out through self-regulation by the publishing industry.
The Ordinance was controversially revised in December 2010 to expand the definition of "harmful publications" and to give the Metropolitan government greater powers to enforce the law's provisions.
Introduction
According to Michiko Nagaoko, director of a non-profit organization in KyotoKyoto
is a city in the central part of the island of Honshū, Japan. It has a population close to 1.5 million. Formerly the imperial capital of Japan, it is now the capital of Kyoto Prefecture, as well as a major part of the Osaka-Kobe-Kyoto metropolitan area.-History:...
called Juvenile Guide, founded in 2003, approximately half of the 2,000 pornographic animation titles distributed in Japan every year, including films and video games, feature schoolgirl
Schoolgirl
A schoolgirl is a girl attending either primary or secondary school, generally aged between four and eighteen years old.-Academic performance:This has led in some countries to calls for greater equality for education in the school system...
characters. On March 11, 2008, UNICEF Japan issued a statement calling for further tightening of child pornography laws in Japan
Child pornography laws in Japan
Production, distribution and possessing for sale or distribution of child pornography depicting real children is illegal and strictly enforced.-Legal background:...
, including the ban of sexual depictions of minors in 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...
, anime
Anime
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....
and video games. Such a ban was not considered by Japan's officials at the time.
Sale of restricted works
Currently, works that are "restricted" under the ordinance bear a mark labeling them as "" or "18+"; retailers are required to shelve such material separately from unrestricted works and to perform age-checks on purchasers of restricted material. Publisher self-regulation and retail compliance is administered by the , which is operated by the Japan Book Publishers Association."Nonexistent youth" bill
On February 24, 2010, the Metropolitan government submitted a proposed revision to the ordinance that would restrict sexually provocative depictions of fictional characters who appear to be under 18 years of age, referred to in the bill as . This proposal was criticised by many manga authorsMangaka
is the Japanese word for a comic artist or cartoonist. Outside of Japan, manga usually refers to a Japanese comic book and mangaka refers to the author of the manga, who is usually Japanese...
and received strong opposition from the publishing industry, the Writers Guild of Japan and the Japan Federation of Bar Associations, and was rejected by the Tokyo Metropolitan Assembly
Tokyo Metropolitan Assembly
The is the prefectural parliament of Tokyo.Its 127 members are elected every four years in 42 districts by single non-transferable vote. 23 electoral districts equal the Special wards of Tokyo, another 18 districts are made up by the cities, towns and villages in the Western part of the...
on June 16, 2010. Voting on the bill was put on hold until June, and Shintarō Ishihara
Shintaro Ishihara
is a Japanese author, actor, politician and the governor of Tokyo since 1999.- Early life and artistic career :Shintarō was born in Suma-ku, Kobe. His father Kiyoshi was an employee, later a general manager, of a shipping company. Shintarō grew up in Zushi...
, the governor of Tokyo, admitted that the bill's language needed revision.
Despite revisions made which changed "nonexistent youths" to "depicted youths", the bill continued to be opposed by the Democratic Party of Japan
Democratic Party of Japan
The is a political party in Japan founded in 1998 by the merger of several opposition parties. Its socially liberal platform is generally considered center-left in the Japanese political spectrum...
and was rejected by the Assembly in June.
Bill 156
After the original bill's defeat, Tokyo governor Shintarō IshiharaShintaro Ishihara
is a Japanese author, actor, politician and the governor of Tokyo since 1999.- Early life and artistic career :Shintarō was born in Suma-ku, Kobe. His father Kiyoshi was an employee, later a general manager, of a shipping company. Shintarō grew up in Zushi...
announced his intent to submit a new revision later in the year. This revision, informally referred to as Bill 156, was submitted by the government in November 2010. It removed the controversial "non-existent youth" term but still proposed a number of significant changes to the law:
- The Metropolitan government is given the authority to propose controls on internet access for children of different ages, although it is required to consult with the telecommunications industry, parents' representatives and educators.
- The definition of harmful material is expanded to include "any manga, animation, or pictures (but not including real life pictures or footage) that features either sexual or pseudo sexual acts that would be illegal in real life, or sexual or pseudo sexual acts between close relatives whose marriage would be illegal, where such depictions and / or presentations unjustifiably glorify or exaggerate the activity."
- Any publisher who has more than six works declared harmful under the new criteria in a 12-month period can be referred to the relevant industry self-regulation body. If the publisher breaches the criteria again within the next six months, the Governor can publicly identify the offender and comment on the reasons for declaring their work in breach.
- The Metropolitan government is authorised to "encourage the establishment of an environment where child pornographyChild pornography laws in JapanProduction, distribution and possessing for sale or distribution of child pornography depicting real children is illegal and strictly enforced.-Legal background:...
could be eliminated and prevent its creation." The bill specifically mentions "any sexually arousing posing on the behalf of children under the age of 13 wholly or partially naked, or wearing swimwear or only underwear, published in books or featured in film," although as with its other provisions this only applies to drawings and animation, not to photography or film of real children. - The bill affirms the Metropolitan government's role in promoting safe use of the internet and increasing awareness of risks the medium poses.
- Internet filtering services to protect children from harmful content must be more widely accessible. Parents who wish to remove filtering from their children's mobile phones must submit a written request to their phone service provider, and this request must be for reasons the Metropolitan government considers justified.
- Parents and guardians must take responsibility for ensuring children in their care use the internet in a safe manner that limits their exposure to harmful material.
Like its predecessor the bill was opposed by many writers, publishers and lawyers. However, the Japanese Parent Teacher Association expressed its support for the changes.
Bill 156 was approved by the Metropolitan Assembly's general affairs committee on 13 December 2010 and passed by the full Assembly two days later. The committee added a non-binding clause to the bill that calls on regulators to take into account "merits based on artistic, social, educational, and satirical criticism criteria" when evaluating publications under the revised law. Only two small political parties, the Japanese Communist Party
Japanese Communist Party
The Japanese Communist Party is a left-wing political party in Japan.The JCP advocates the establishment of a society based on socialism, democracy and peace, and opposition to militarism...
and the Tokyo Seikatsusha Network
Tokyo Seikatsusha Network
The Tokyo Seikatsusha Network is a local Japanese political party affiliated with Tokyo Seikatsu Club, a consumer's cooperative. It is generally moderate left, and tends to appeal to the same voters as the Social Democratic Party of Japan and Democratic Party of Japan.-External links:*...
, opposed the bill. The revised law will take full effect on 1 July 2011.
Passage
A revised edition was presented in November to the Japanese DietDiet of Japan
The is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
, which would require self-regulation of "'manga, anime and other images'...that 'unjustifiably glorify or emphasize' certain sexual or pseudo sexual acts"...depictions of 'sexual or pseudo sexual acts that would be illegal in real life'". However, the bill no longer uses the term nonexistent youth and applies to all characters and to material that is not necessarily meant to be sexually stimulating. On December 13, 2010 it passed through committee. It was approved in December and will take full effect in July 2011. According to the Tokyo Metropolitan Government Office for Youth Affairs and Public Safety, the bill does not regulate mobile sites or downloaded and is only intended for publications such as books and DVDs.
Industry opposition
The original proposal was criticized by a group of manga artists, who prepared a statement for the Tokyo National Assembly signed by many anime and manga industry personnel opposing the legislation. After Bill 156 passed through committee, ShueishaShueisha
is a major publisher in Japan. The company was founded in 1925 as the entertainment-related publishing division of Japanese publisher Shogakukan. The following year, Shueisha became a separate, independent company. Magazines published by Shueisha include Weekly Shōnen Jump, Weekly Young Jump,...
's management tried to calm worries for new manga artists. According to Anime News Network
Anime News Network
Anime News Network is an anime industry news website that reports on the status of anime, manga, Japanese popular music and other otaku-related culture within North America, Australia and Japan. Additionally, it sometimes features similar happenings throughout the Anglosphere and elsewhere in the...
(ANN), at the New Manga Creators Awards ceremony Kazuhiko Torishima, senior managing director and editor, said he wanted "new manga authors to produce manga that would blow away [Tokyo Governor] Shintaro Ishihara" and Masahiko Ibaraki, editor-in-chief of its third editorial department, added that he didn't want the increased regulations to have a chilling effect on their content and they would still feature anything that was exciting. In addition, the Mobile Content Forum and a group of female Yaoi
Yaoi
In careful Japanese enunciation, all three vowels are pronounced separately, for a three-mora word, . The English equivalent is . also known as Boys' Love, is a Japanese popular term for female-oriented fictional media that focus on homoerotic or homoromantic male relationships, usually created by...
authors voiced their opposition.
Takeshi Nogami announced the publication of an anti-Ordinance doujinshi at Comiket
Comiket
, otherwise known as the , is the world's largest self-published comic book fair, held twice a year in Tokyo, Japan. The first Comiket was held on December 21, 1975, with only about 32 participating circles and an estimated 600 attendees. Attendance has since swelled to over a half million people....
79, entitled An Idiot's Guide to Tokyo's Harmful Books Regulation. The all-ages doujin sold out its first printing of >1000 copies and went into a second printing; it will be officially translated into English & released online. In a blog post on 13 December 2010, the Japanese Prime Minister Naoto Kan
Naoto Kan
is a Japanese politician, and former Prime Minister of Japan. In June 2010, then-Finance Minister Kan was elected as the leader of the Democratic Party of Japan and designated Prime Minister by the Diet to succeed Yukio Hatoyama. On 26 August 2011, Kan announced his resignation...
expressed concern about the impact of the boycott and urged the parties involved to work towards resolving the situation.
The Association of Japanese Animations
The Association of Japanese Animations
The Association of Japanese Animation , an industry group consisting of animation production companies is affiliated to 52 companies.- AJA's Duties :...
(AJA) along with the and several Japanese anime and manga publishers have voiced opposition to the bill. For its part, the AJA has voiced concerns the bill has major freedom of expression problems which are guaranteed by the 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...
. Specifically, the bill's scope and its vague requirements. In addition, the AJA said that they did not receive prior notice or hearings on the matter even though the bill deals with anime and thus it did not receive due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
In response to the bill, Comic 10 Society has said it will boycott the 2011 Tokyo International Anime Fair
Tokyo International Anime Fair
The Tokyo International Anime Fair also known as Tokyo International Animation Fair is one of the largest anime trade fairs in the world, held annually in Japan. The first event was held in 2002 as "Tokyo International Anime Fair 21". The event is held at Tokyo Big Sight, a convention and...
organized by the AJA which, according to AJA, threatens the event's quality. Shueisha has asked anime production companies to pull its material and asked other publishers to do the same. In response, Shogakukan
Shogakukan
is a Japanese publisher of dictionaries, literature, manga, non-fiction, DVDs, and other media in Japan.Shogakukan founded Shueisha which founded Hakusensha. These are three separate companies, but are together called the Hitotsubashi Group, one of the largest publishing groups in Japan...
and Kodansha
Kodansha
, the largest Japanese publisher, produces the manga magazines Nakayoshi, Afternoon, Evening, and Weekly Shonen Magazine, as well as more literary magazines such as Gunzō, Shūkan Gendai, and the Japanese dictionary Nihongo Daijiten. The company has its headquarters in Bunkyō, Tokyo...
posted similar responses. Other vendors have backed out of the fair in response to the bill with rented space down 20%. The resulting cancellations TAF lowered its expectations ¥110 million (about US$1.3 million). According to ANN, the Japanese Prime Minister Naoto Kan
Naoto Kan
is a Japanese politician, and former Prime Minister of Japan. In June 2010, then-Finance Minister Kan was elected as the leader of the Democratic Party of Japan and designated Prime Minister by the Diet to succeed Yukio Hatoyama. On 26 August 2011, Kan announced his resignation...
wrote in his blog about the concerns of TAF's cancellation.
Enforcement
On April 14, 2011, a list of the first six titles to be "considered for restrictions" under the bill was published in the magazine Weekly PlayboyWeekly Playboy
also known as or WPB is a Japanese weekly magazine published by Shueisha since 1966.This magazine is not a regional edition of the American Playboy magazine; the Japanese edition of that magazine was published as Monthly Playboy by Shueisha until its cancellation in January 2009.-People in...
, based on materials presented by the Tokyo Metropolitan Government during meetings with the Council on Publishing Ethics. The works listed include five seinen and ecchi
Ecchi
is an often used slang term in the Japanese language for erotic fantasy and sexual innuendoes. As an adjective it is used with the meaning of "dirty", "naughty", "frivolous"; as a verb , with the meaning to do something dirty, naughty, frivolous or to sleep together; or as a noun, to describe...
titles and one shōjo title, with reasons for restriction varying from "rape" and "incest" to "sexual intercourse in a school building".
External links
- Text of the Ordinance Note that the December 2010 revision is not yet included.
- Text of the Ordinance (HTML) Note that the December 2010 revision is not yet included.
- Tokyo Metropolitan Police Department summary of the Ordinance