An Analysis of the Japanese viewpoint on regulatory policy of virtual child pornography

Abstract

The Japanese law "Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children" (the Child Pornography Prohibition Act) does not regulate virtual child pornography such as comics, cartoons, animation, and games. As a result, cases in which Japan-made virtual child pornography influenced sexual crimes against children frequently occur not only domestically but also internationally. Japan has been criticized of that by the international community. This study set a research question on what the Japanese viewpoint is over regulatory policy on virtual child pornography. It analyzed the legislative process of the second revision of the Child Pornography Prohibition Act in order to reveal a part of the viewpoint in Japan. The study found that in discussing the legislative process over virtual child pornography regulation, the viewpoint of giving priority to 'freedom of expression' was more dominant than that of protecting the human rights of children