Launched "Journal of Media and Human Rights" - How to protect children in the AI Era

 

The use of generative AI to create and trade sexually abusive images of children is spreading on Japanese social media. The BBC, a British public broadcaster, reported in June this year.

"Sharing sexually explicit cartoons and drawings of children is not illegal in Japan." the BBC criticizes.

Subsequently, some Japanese news reports also revealed that a large number of sexual images of children, believed to have been created by a generated AI, have been posted on domestic websites.

I have been pointing out the problem of created child sexual images (virtual child pornography) for more than 10 years. It can be said that Japan's continued neglect of countermeasures has led to the current situation.

In the future, it is imperative that we urgently deepen the discussion on how to counter virtual child pornography, including those by AI. Therefore, I have launched a collection of articles, " Journal of Media and Human Rights," as a reference material. The Journal introduces theories and scientific data on virtual child pornography.

 

 Journal of Media and Human Rights 2023 Vol.1 No.1

-- Table of Contents --

Introduction

Why Virtual Child Pornography is a Problem

1. "Freedom of Expression" and Virtual Child Pornography

(1) Limits of Freedom of Expression

(2) Reality and scientific data on virtual child pornography

(3) The nature of the problem of virtual child pornography

2 Child Sexual Abuse and the Media

(1) Sexuality of children targeted

(2) Problems of depiction in sexual media

3 Criticisms against Japan from the International Community

 (1) World Congress Against Commercial Sexual Exploitation of Children

(2) Japanese Virtual Child Pornography Used for Sex Crimes in Other Countries

4 Research Objectives and Methodology

(1) Problem and research objectives

(2) Research questions

(3) Research Methodology

 ▶Site for purchase (Japanese)

 

Children's Sexuality and International Human Rights in Japan

 

It was revealed that the number of elementary school students who were victims of crimes such as forced sexual intercourse was 132 in 2022, an increase of nearly 20% from the previous year. For junior high school students, the number was 213, an increase of nearly 40% (National Police Agency, 2023).

Why is it that sexual victimization of children continues to increase? What is behind it?

The G7 Ministerial Meeting on Gender Equality and Women's Empowerment was held this month, with Japan serving as the chairing country to discuss gender issues.

In order to use this opportunity to deepen understanding of "children's sexuality and international human rights," I would like to publish an interview I gave to the weekly magazine "AERA.

〈The standards for sexual and violent expression in Japan are unclear. The creators must change to meet "global standards".〉

Q. Regarding Japanese manga and anime, which are often referred to as "Cool Japan," is there a significant difference between what is common knowledge in Japan and what is common knowledge overseas in terms of expression?

A. For example, in the popular Japanese manga "One Piece," blood is erased from scenes of bloodshed in the West, and the heroine's mini-skirt is now knee-length. In "Doraemon," Shizuka wears a bathing suit in the scene where she takes a bath.

Q. Are standards for sexual expression and violence in Japan looser than in other developed countries?

A. Japan's standards are vague. The Broadcasting Act and the Japan Commercial Broadcasters Association (JBA) have established standards for broadcasting, but they are not very specific in terms of what is prohibited. For example, one of the standards for sexual expression set by JBA states, "Sexual matters should not cause embarrassment or disgust among viewers," but it is difficult to determine the extent to which sexual expression should not cause embarrassment or disgust.

In Japan, after all, it is a question of how sexual parts of the body are shown. Even if a person makes a somewhat sexual gesture, if the genitals are not emphasized, if the person is clothed to some extent, it may be judged not to be child pornography.

Q. So, what is the major difference between Japan and other countries that have strict media regulations regarding sexual and violent expressions?

A. It is whether they regulate virtual works or not. In the U.K. and France, ownership of virtual works that include sexually abusive or exploitative expressions of children is prohibited, but in Japan, it is acceptable as long as there are no real children in the cartoons or games, etc. Of course, the standards for sexual expression in Japan must be met, though.  In fact, Japan has been repeatedly criticized by the United Nations that sexually explicit images of women and children in anime and games infringe on human rights. But there has been no improvement.

 

Q. What is the first step in building a society with a high awareness of human rights?

A. I think it is necessary to establish regulations on the expression of human rights violations in the media, but first of all, the creators of the media need to change. They should be sensitive to which expressions may infringe on human rights and be aware that they must not create content that will be violations of human rights.

(AERA, January 18, 2016, Asahi Shimbun Publications/partially modified)

Japan is The Country Where Virtual Child Pornography is Not Regulated - How to Protect Children in the AI Era (1)

 

 

 

 

 

 

 

 

In an elementary school classroom, a male teacher engages in a series of sexual acts with girls. A boy is being groped and trained by his male tutor. A girl with a school bag on her back is taken into a car by men and sexually assaulted. ......

We can now see these kinds of representations in manga, anime, video games, and other forms of entertainment. If you open the Internet screen on your smartphone, you may see banner ads for comics that depict children as objects of sexual desire, even if you don't want to look at them. Such works made in Japan have been translated into several languages for foreign audiences and have gained popularity under the name "hentai".

Problematic because they are fictitious

This paper will refer to manga, anime, games, and other forms of depictions of children that do not exist as "virtual child pornography". Some people argue that there is no problem with virtual child pornography because it is a fictional story and does not directly depict sexual acts on real children. However, the fact that the content is fictitious makes it highly problematic.

Fictional stories are basically "anything goes". A real child would experience immeasurable pain if forced to have sex with a young body, but a fictional child would be overcome with pleasure. The message that "it is okay to perform sexual acts on children" is easily spread through legal means.

Can "freedom of expression" really push through?

In Japan, the issue of virtual child pornography has been the subject of much heated debate each time the "The Child Prostitution and Child Pornography Prohibition Law" was enacted (1999) or the "Tokyo Metropolitan Government Ordinance Regarding the Healthy Development of Youth" was revised (2010). The main point of contention was whether or not it violated freedom of expression.

Freedom of expression is, of course, an important right of ours, but there are certain restrictions, and not just any kind of expression is allowed. Can freedom of expression really push aside content that depicts sexual abuse of children as entertainment and tramples on children's sexual dignity, as seen in virtual child pornography?

Virtual Child Pornography and Children's Human Rights

This paper would like to read about the issue of regulation of virtual child pornography with the keyword "human rights". Human rights are "inherent rights that all human beings have based on their human dignity" (Ministry of Justice: Japan). Naturally, children also have human rights.

To affirm the existence of virtual child pornography, even if its contents are fictitious, or rather because they are fictitious, would lead to the violation of children's human rights. This is the issue of this research.

Only Japan in the G7

Looking at the world, international conventions on child pornography regulations have recently tended to include virtual child pornography in their scope of regulation. Even at the country level, legislation to criminalize virtual child pornography is progressing in North America and Europe. Among the seven major countries (G7), Japan is the only country that continues to exclude virtual child pornography from the scope of regulation.

In the midst of this international trend, Japan has been singled out as a "major source of virtual child pornography" by the United Nations and other global conferences, as well as by the foreign media, and is under intense scrutiny.

How should Japan deal with the issue of virtual child pornography and children's human rights? This study will consider the role required of Japan while taking hints from the perspectives of the international society, particularly in Europe and the United States.

The G7 Hiroshima Summit will be held in May 2023, and Japanese manga, anime, and video games are likely to attract worldwide attention as "Cool Japan". This will be an opportune time for Japan to present itself as a country that has acquired a sense of human rights appropriate for the global age. This summit will hopefully contribute to the realization of a truly mature Japanese society where children's sexual dignity is protected.


Mayuko Watanabe (Official Website)