Bill takes aim at child porn holders

The Japan Times (Kyodo News)
Saturday, May 17, 2008
Source: http://search.japantimes.co.jp/cgi-bin/nn20080517b1.html

The ruling coalition has compiled a bill to stiffen the law against child prostitution and child pornography by criminalizing the possession of such pornographic material for personal use, sources said Friday.

While the current law does not cover individual possession of child pornography, the revised bill states, "Nobody should own or keep child pornography," and stipulates a prison term of up to one year or a fine of up to ¥1 million for violators, they said.

The bill also requires Internet service providers to contribute to preventing the dissemination of child pornography, which occurs across national borders, and to cooperate with authorities in investigations, they said.

The bill does not cover pornographic animation or computer graphics, only focusing on photography.

The Liberal Democratic Party-New Komeito ruling coalition plans to submit the bill to the ongoing Diet session through June 15, but is not expected to be able to reach an agreement with the Democratic Party of Japan, the main opposition party, over the legislation.

While the DPJ is now considering compiling its own revision bill, some of the party's lawmakers have voiced concerns about punishing those who only own child pornography, with a senior member saying, "It may lead to unfair investigations."

The Japan Times
(C) All rights reserved

Jail, fines await those possessing child porn

The Mainichi Shimbun
May 3, 2008
Source: http://mdn.mainichi.jp/national/news/20080503p2a00m0na018000c.html

Mere possession of child pornography should be punished with jail sentences of up to 1 year and fines of as much as 1 million yen from as early as the current Diet session, according to a government taskforce entrusted with closing loopholes in existing child porn laws.

But those who inadvertently end up with obscene child pornography images by accident -- such as via spam mail -- will not be prosecuted under the taskforce's plan.

The project team also included recommendations that the government come up with concrete steps regarding child porn images in anime and computer graphics, as well as conduct research on blocking technologies that would prevent users from accessing child porn sites.

The project team looking into revising child pornography laws decided that mere possession, which is not currently illegal, should be outlawed, with offenders to face a maximum of 1 year in jail or a fine of up to 1 million yen. That would still make possession the most lenient penalty under the Law Banning Child Pornography. The most lenient penalty under the existing law is the 3-year jail term or 3 million yen fine maximums imposed on those convicted of possession of child pornography with intent to proliferate.

The ruling Liberal Democratic Party and its Komeito coalition partner will take the project team's recommendations, make minor adjustments and present a draft to the Diet within the month to adopt the recommended changes.

(Mainichi Japan) May 3, 2008

Government plans blocking of child porn sites

The Yomiuri Shimbun
May 2, 2008
Source: http://www.yomiuri.co.jp/dy/national/20080502TDY01304.htm

The ruling parties will introduce legislation for Internet service providers to block access to child pornography sites with major providers in favor of the move, sources said.

A project team of Liberal Democratic Party and New Komeito members will draw up a bill to revise the law prohibiting child pornography after the Golden Week holiday period. It will aim to have the bill passed by the Diet in the current session, the sources said.

If such a revision passes the Diet, it will be the first measure involving the legal blocking of specific Web sites, albeit in the form of a nonbinding guideline.

Under the blocking system, Internet service providers would use special software to block access to Web sites included on a police list of child porn sites, including sites using overseas servers.

Britain, Italy, Sweden and other countries have already implemented such a system, and it is claimed the approach has been effective in limiting child porn on the Web.

Under the current law, the sale and transfer of child pornography is a punishable offense, but downloading child porn images from Web sites to PCs or cell phones is not a punishable offense. Organizations commissioned by the National Police Agency have asked site operators to remove such content from the Web, but because their requests are nonbinding, they are often ignored. This is a major factor explaining why Japan has not been able to limit child porn on the Web, according to the sources.

The project team has decided that anyone possessing child porn should be punished. But it is far beyond the scope of the police to search every single person who might possess child pornography. Also, punishment for possession is unlikely to deter people from looking at child porn on the Internet. Taking these factors into account, the team concluded it was necessary to establish a system by which people could not access the sites in the first place, the sources said.

However, as the proposed guideline to block child porn sites will be nonbinding, Internet service providers will not be punished if they do not comply with it.

Still, major service providers are in favor of the plan, according to the sources. The project team was scheduled to hear the opinions of two major service providers and start discussing details of the approach used to block the sites.

Blocked Web sites will be limited to child porn sites to ensure that the guideline does not violate the freedom of expression, the sources said.

While Western nations make it clear that looking at child porn is illegal, Japan has left it unchecked, drawing international criticism for its lack of measures to prevent child pornography.

The problem of Internet child porn is that once an image is posted, it can be copied and pasted repeatedly. Blocking will be help break this vicious chain, according to the sources.

(May. 2, 2008)