LOTS of manga/anime now illegal in Sweden; soon to be in EU
I don't really want them to make it illegal here, kids like anime. Pokemon, Avatar, Sailor Moon, that other one, all of those. But just the way it's drawn looks so funny to me and not ha ha funny but creep me out funny.
They have already done that, as the case of Christopher Handley shows.
http://www.icv2.com/articles/news/13486.html
I find lolicon drawings as disturbing as most people do, but I don't think people should be sentenced to 20 years and branded sex offenders for owning a comic book. I also think that there is an important difference between real minors and drawings of minors. Besides, the same law could be used to take down an art installation that is meant as social criticism (for example, a naked child laborer in a sweatshop). Whatever happened to "Congress shall make no law ... abridging the freedom of speech, or of the press"?
Pornography determined as obscene, by default, is not protected by freedom of speech, in the US, and that specific type of pornography in Manga Comic books is ruled as not a legitimate form of freedom of expression.
Local communities do have the right to outlaw pornography that is determined obscene in the US, but in general pornography on the internet is not controlled per those local community standards, except in cases applicable to federal laws such as the issue with child pornography in Manga comic books.
However the same law, the "protect law" of 2003 in the US, that provided prosecution does protect works of art per the guidlines listed in my previous post. The sweatshop example you used above would likely be protected by that law and accepted per cultural norms, depending on where it was presented in the US. Fortunately Christopher Handley, only got 6 months, instead of the 20 years that was suggested as the potential in the article you provided a couple of years before his prosecution.
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I was talking about all anime, not just porn anime. All of it, even regular Pokemon, creeps me out.
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You're clearly not with it.
Some themes in Manga fall under pedophilla and child pornagraphy those should be banned but getting rid of all Manga is not fair to those who enjoy reading it.
Again, you're not paying attention and reading the articles. It's referring to a certain type of anime/hentai that features drawings of 'children'.
As in the U.S., this kind of material is illegal here too - "dangerous cartoons" they're called. Yes, I'm cereal.
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Stuff like this makes no sense. If it's "illegal" why do stores sell it? If it's so bad in pictures while they are at it why not ban text descriptions of sex with minors and jail the authors such as Stephen King and Anne Rice for example? They have minors having sex with adults in their books.
When the bookstore I liked to go to was still open they had plenty of yaoi manga with underage characters.
http://www.comicsalliance.com/2012/03/15/canada-manga-child-pornography-case/
The conviction in the US has been the only in almost 10 years. In the article above an American was arrested in Canada, but the charges were dropped.
This particular law is rarely enforced, but there is the risk of facing jail time for anyone that participates. Not likely one is going to find the art judged as child porn in Manga, in bookstores, anymore in the US, unless the owner's of the book store, are willing to risk almost certain jail time, if caught, in the US.
It is likely hard to enforce law unless the material is found coming across boarders as it was in both cases, from the US to Canada and from Japan to the US, where an American was arrested.
Literary works of art, per Stephen King, etc., are exempt from the law. The reason why is because by law they are considered legitimate forms of expression protected by first ammendment rights.
Manga Child porn doesn't meet the legal definition of a legitimate form of expression protected by first ammendment rights in the US. The courts decide this, and laws are established, per example of the Protect Act of 2003, in the US, to provide guidelines to enforce the court decisions.
No one Republican or Democrat, in the US, is likely going to fight to have a law, specifically restricting child porn, overturned. The only potential now would be further restrictions on pornography, such as the restrictions noted in Germany, taking measures to further restrict teen child pornography.
I've seen plenty of manga with characters under 18 having sex in American book stores. It was a chain book store too, not some small independent book store. There are quite a few yaoi mangas about high school boys that are under 18.
I've seen plenty of manga with characters under 18 having sex in American book stores. It was a chain book store too, not some small independent book store. There are quite a few yaoi mangas about high school boys that are under 18.
Have you seen any since 2010, when the young man was convicted and sentenced to 6 months in prison, of possessing the comic books that you are describing?
If so, whomever operates the bookstore is skating on thin ice.
All it would take is a report from a customer to law enforcement, but relatively few people in the population are likely aware it is illegal, in a comic book. As more people are convicted and the issue is publicized more often in the mainstream media, awareness levels will go up, offenses will more often be reported, and law enforcement will likely gain greater attention to the issue per bookstores, if they still stock the Manga comic books with child porn depictions.
Have you seen any since 2010, when the young man was convicted and sentenced to 6 months in prison, of possessing the comic books that you are describing?
If so, whomever operates the bookstore is skating on thin ice.
All it would take is a report from a customer to law enforcement, but relatively few people in the population are likely aware it is illegal, in a comic book. As more people are convicted and the issue is publicized more often in the mainstream media, awareness levels will go up, offenses will more often be reported, and law enforcement will likely gain greater attention to the issue per bookstores, if they still stock the Manga comic books with child porn depictions.
I haven't seen them lately because the book store in the mall by me closed years ago and there are no other book stores I go to. There are still lots of sites online selling them and doujinshi.
So what are people who already have these things when it becomes illegal supposed to do? Fear arrest or hold a book burning?
I consider this a violation of freedom of speech.
Have you seen any since 2010, when the young man was convicted and sentenced to 6 months in prison, of possessing the comic books that you are describing?
If so, whomever operates the bookstore is skating on thin ice.
All it would take is a report from a customer to law enforcement, but relatively few people in the population are likely aware it is illegal, in a comic book. As more people are convicted and the issue is publicized more often in the mainstream media, awareness levels will go up, offenses will more often be reported, and law enforcement will likely gain greater attention to the issue per bookstores, if they still stock the Manga comic books with child porn depictions.
I haven't seen them lately because the book store in the mall by me closed years ago and there are no other book stores I go to. There are still lots of sites online selling them and doujinshi.
So what are people who already have these things when it becomes illegal supposed to do? Fear arrest or hold a book burning?
I consider this a violation of freedom of speech.
Those legal points are discussed below, per Wiki:
http://en.wikipedia.org/wiki/Legal_status_of_cartoon_pornography_depicting_minors#United_States
By its own terms, the law does not make all simulated child pornography illegal, only that found to be obscene or lacking in serious value. And mere possession of said images is not a violation of the law unless it can be proven that they were transmitted through a common carrier, such as the mail or the internet, or transported across state lines.[51] There is also an affirmative defense made for possession of no more than two images with "reasonable steps to destroy" the images or reporting and turning over the images to law enforcement.[52]
In Richmond, Virginia, on December 2005, Dwight Whorley was convicted under 18 U.S.C. 1466A for using a Virginia Employment Commission computer to receive "...obscene Japanese anime cartoons that graphically depicted prepubescent female children being forced to engage in genital-genital and oral-genital intercourse with adult males."[53][54][55] He was also convicted of possessing child pornography involving real children. He was sentenced to 20 years in prison.[56]
On December 18, 2008 the Fourth Circuit Court of Appeals affirmed the conviction.[57] The court stated that "it is not a required element of any offense under this section that the minor depicted actually exists." Attorneys for Mr. Whorley have said that they will appeal to the Supreme Court.[58][59] The request for rehearing was denied on June 15, 2009 and the petition for his case to be reviewed by the Supreme Court was denied on January 11, 2010.[60]
A man from Virginia asserted at his arrest that after viewing lolicon at a public library, he had quit collecting real child pornography and switched to lolicon.[61]
In October 2008, Neil Gaiman and the Comic Book Legal Defense Fund became involved with the case of Christopher Handley. In 2009, Handley pled guilty to the charges and in February 2010 was sentenced to six months in prison.[62]
In October 2010, a 33 year old Idaho man, Steven Kutzner, entered into a plea agreement concerning images of child characters from the American animated television show, The Simpsons engaged in sexual acts.[63][64] In January 2011, Kutzner was sentenced to serve 15 months in federal prison. According to court documents, Kutzner had been downloading, receiving and viewing sexually explicit images of actual children for at least eight years.[65]
In October 2011, a Maine man was arrested for possession of child pornography. He also possessed "anime" images, and is facing state and federal charges according to police.[66][67]
So far Christopher Handley has been the only person found guilty of possession under laws against artificial depictions that was not also under investigation for child pornography involving real minors.[citation needed][dubious – discuss]
No. Criminal law is not supposed to enforce cultural norms (which is a very questionable goal in a multicultural and multi-ethnic society, imho) or to make moral judgments. The purpose of criminal law is to punish actions that harm other people or infringe upon their rights. Nobody has ever been harmed by another person reading a comic book or an adult magazine featuring models of legal age.
Which, until recently, included behavior such as gay sex. I think all rational people can agree that the so-called moral majority has no right to dictate the behavior of everybody else, unless we're talking about actions that either cause harm to others or cause a disturbance when performed in public (e.g. exhibitionism or public masturbation).
I don't see it that way. Censorship is always a bad idea. While it makes sense to protect children from certain types of media produced for adults, and of course from sexual abuse, there is no valid reason to restrict the access of legal adults to any type of media or publication. Unless of course people were harmed during the production of this media (child porn, snuff films etc.) But this is not the case when it comes to fictional comic books, video games or 3D animations. If we conflate reality and fiction, we also have to prosecute Call of Duty players for homicide.
That statement makes as little sense as "murder can't be tolerated, no matter if it happens in reality or in a video game". Child porn is illegal because it involves and harms actual children. A fictional story or comic book is not child porn. It is already a stretch to call the literary and artistic work of manga artists "pornography". Erotica would be more appropriate.
How can an adult magazine possibly "push the 12 to 13 year old danger zone" if all models are 18 or older? People are either of legal age or they aren't. We don't make consent dependent on facial features and bra size when it comes to sex, so I don't understand why this should be the case for nude magazines. I find it discriminating and dehumanizing to tell adult models / performers that their bodies are obscene and only pedophiles could possibly be attracted to them. In a multi-ethnic society, this could also become a racial issue considering that physical age markers vary between human populations. Especially people of Asian descent often look very young for their age.
PS: It's interesting how quickly "a little bit of censorship is necessary to to keep the extreme amount of freedom that we still have" can change to "well, if that's what it takes to enforce cultural norms, we need to go the extra mile and move the goal post a little further to the right". That's exactly why I oppose censorship on principle, regardless of if I personally disapprove of the censored publications. I also disapprove of the Bible -- which contains plenty of rape and child abuse btw -- but I wouldn't want to see it outlawed. (It should bear a "Mature Readers" advisory though).