일본의 아동포르노 소지규제에 관한 고찰

A study of regulations for simple possession of child pornography in Japan

How pornography should be regulated is one of the most controversial topics to have arisen in relation to the Internet inrecent years. The widespread availability of pornography on theInternet has stirred up a ‘moral panic’ shared by the government,law enforcement bodies such as the police, prosecutors and judges along with the media in general.Japan is the only OECD nation that has not universally outlawed possession of child pornography and activists say the new, tougher local laws in Kyoto will not change that overnight. With various manifestations of a fascination with the youngand innocent as sex objects, from graphic versions of manga, orJapanese comics, to the "junior idol" industry featuring child models in bikinis, Japan has a considerable way to go to shed an image of pornographers' safe haven.Out of Japan's 47 provinces, only Kyoto bans possession of child pornography and prescribes a jail sentence. Neighboring Nara is the only other province to deem it a crime, but it hasonly financial penalties. It has arrested several people for possession of child pornography, but authorities could not give a number since several were charged with other crimes. In 1999, Japan outlawed production and distribution of child pornography as well as possession with the intention to pass it on, and offenders could face fines and prison terms of up to fiveyears. However, simple possession, without an intention todistribute, remains legal, except in Kyoto and Nara. Kyoto's new ordinance that came into force in Januaryimposes fines for possession of child pornography and introducesa penalty of up to one year in jail for buying or downloading such material.Also, In this paper, we decided to study the regulation of simple possession by Child Pornography Control Act of Japan, which was amended in 2014.