Ask John: What’s the Current Status of Japanese Censorship Law?

Question:
Hi John. I know you are not a Japanese legal expert but I was hoping you could answer a question about Japanese laws concerning nudity. Could you tell me if Japanese game developers can make and publish uncensored “hentai” or bishoujo games. Are there any laws that require them to add mosaic [censoring] to their titles or is this considered optional? Does this apply to printed doujinshi and CG art collections and explain why most of it features some sort of censorship? I’ve seen lots of mosaic [censoring] in import game screens but I have also seen uncensored game art that is not fan-created. I realize some US companies release uncensored versions of Japanese games, but my question is about non-domestic (US) game and CG collection releases.

Answer:
Article 175 of the Japanese Criminal Code prohibits the public distribution or exhibition of “Obscene pictures and/or documents.” Punishment can be up to two years in prison or a 2.5 million yen fine (about $23,500). On the other hand, Article 21 of the Japanese Constitution guarantees freedom of assembly and association, as well as freedom of speech, press and all other forms of expression. This conflict is presently at the heart of Japan’s first trial regarding the legality of adult manga. (Readers interested in a thorough history of the Japanese constitution’s Article 175 may refer to Obscenity and Article 175 of the Japanese Penal Code: A Short Introduction to Japanese Censorship.)

On October 3, 2002, Shobunkan Publishing president Kishi Motonori, chief editor Takada Kouichi, and adult manga artist “Beauty Hair” (Suwa Yuuji) were arrested by Ikebukuro, Tokyo police on charges of distributing obscene material, namely Beauty Hair’s adult manga Misshitsu, which was sold by an estimated 1,900 Japanese bookstores nationwide, albeit wrapped in plastic and clearly labeled as adult material. Beauty Hair initially accepted a guilty charge under protest in exchange for being released from jail and an agreement that police would not similarly harass other Shobunkan Publishing contracted artists. And all of Beauty Hair’s manga, which include “Joousama wa M Dorei” the basis of the “Queen & Slave” hentai anime OAV and Rancou Choukyo, basis for the adult anime OAV series of the same name, have been taken out of print. As of September 2003, the court case is still ongoing, having introduced expert witnesses including Yasuhiro Okudaira, professor emeritus at the University of Tokyo, and Shinji Miyadai, assistant professor at Tokyo Metropolitan University, arguing on behalf of the defense.

[For more details, the original Japanese report of Beauty Hair’s arrest may be found here. The Japan Times hosts a more recent English language article about the trial.]

Getting back to the point at hand, the Japanese adult industry typically censors all depictions of graphic sexuality in respect of the law, and out of tradition. The main exceptions are Japanese fan art and manga (and, oddly, graphic depictions of the anus, which don’t have to be censored because the anus technically isn’t a sex organ). While it’s not yet exactly common, over the past 2 or 3 years there have been a small number of adult manga published in Japan that are totally uncensored and quite graphic. This is all at the discretion of the manga artist and his/her publisher. Occasionally doujinshi and CG art collections on CD-ROM also appear uncensored because these items are produced in limited quantity by amateur artists who decide, on their own, to go against the grain of Japanese tradition and publish or print their art uncensored. Likewise, occasionally adult PC games may slip into the Japanese market uncensored, although the higher profile of “bishoujo games” over fan produced comics or CD-ROMs makes them an easier target and therefore less likely to be released uncensored. For example, first edition copies of the original Kimi ga Nozomu Eien adult PC game were recalled because one image in the initial release slipped by without its digital mosaic censoring in place.

In summation, based on the presently ongoing Shobunkan trial, the Japanese regulations on censoring adult material may or may not be lifted in the not too distant future. In the present, the Japanese release of fully uncensored hentai material is an exception usually reserved for limited distribution merchandise that’s able to filter into the Japanese market without being noticed by authorities.

Addendum June 18, 2007
In January 2004 Shobunkan Publishing president Kishi Motonori was found guilty of distributing obscenity and sentenced to a one-year jail term, which was reduced to a 1.5 million yen fine in June 2005. In June 2007 Motonori’s final appeal of the fine was dismissed. Motonori will be held responsible for paying the fine.