UberNoodle said:
Anyway, I very much doubt that non-pornography will be adversely affected by this bill. Japan isn't China. Context and the creators' intent will define the application of the legislation. Japan is as fair and liberal with its media regulation as any other developed, free country. The ban on genitals is the only real difference, yet as I said already, that doesn't affect the incredibly liberal content of Japanese pornography. :O
The legislation is vague but that can be ammended. The attitude I see today, especially in forums, is to throw things away if they aren't "perfect". This is anti-productive. The attitude is reflected in the whole obsession with "Fails" and "Wins", and that an "8" is a failure, etc. The legislation has shortcomings but its intent is not to suppress free speech. Instead of demanding its total dissolution, fans should be EDUCATING the legislators, thereby ammending the language of legislation.
It is not censorship to regulate media content when that content will still be available.
Okay, I'm going to throw my cards on the table and join this discussion. For the record, I both purchase and enjoy lolicon. I fall in the "2d images hurt nobody" camp in justifying the continued legality of my hobby in this country.
Now, I will agree that there is a lot of alarmism and, in particular, ignorance about the exact scope and breadth of Ishihara's "Anti-Otaku" bill. That's been covered in enough detail already, thanks to some conscientious posters with the ability to do research. The main point of concern is the apparent motivation behind this bill. It would be wonderful to think this is a spirited attempt by the Tokyo Municipal legislature to protect children from viewing things their parents object to. I'll avoid going into my own views on whether this is either wise or necessary. But given that Ishihara is the creator of this bill, there is ample reason to question his motives in both the creation and execution of this law.
Governor Ishihara has expressed a number of extremely controversial points of view during his tenure. Among them is his noted homophobia, extreme sexism and racism, and a somewhat pathological hatred of "otaku" as is evidenced by his comment that anime fans have "warped DNA". When interviewed or when giving press conferences, his manner of speech and choice of words are beyond disrespectful, to the point of being rude to his detractors and critics. He is very obviously dismissive of criticism. In addition, language in the law actually changed from a prior version that covered all forms of media to specifically target only "animated films, comics, and video games" at Ishihara's request. Based on all this, we have a picture of a legislator with a very biased personal agenda that seems to colour his policy-making.
Now, the implementation of this law. Ostensibly, a panel will be created to review every anime, comic book, and video game (but not live-action movie, novel, or photographic work) created in Tokyo. This panel will decide whether such a work deserves to be classified AO or not. Let's set aside to idea of the chilling effect this may or may not have on the industry as a whole for now. If a given company produces more than 6 AO works over a one year period, they will be referred to an industry regulatory body for "appropriate punishment" (unspecified). If the company continues to offend after that, the Governor may publicly shame (or slander) the company and its works in public, or using the media without fear of any reprisals.
No specifications for the creation of the panel are clear yet, but it is likely that Ishihara will personally select its members. Most commentators believe it will become a cushy job for old government workers who step back from more serious political positions. A panel of elderly bureaucrats, likely friendly to Ishihara's particularly ultra-conservative viewpoint and likely indebted to him for their comfortable position, is barely different from having Ishihara personally direct the censorship himself. In addition, at no point in the process will input from the anime industry be requested or considered. There is no appeals process. This is simply an arbitrary mandate from on high. And given Ishihara's usual response to criticism and willingness to compromise in the face of his opponents, I have severe doubts about him or his allies even listening to requests to adjust the language of the bill.
In short, I don't think Ishihara or his ilk have the best interests of the Japanese people at heart in this law. I think they have their own self-righteous indignation in mind. For that reason, I think there are very real concerns about whether or not this law will be fairly and justly enforced. Simply relying on the wise judgment of policy makers, legislators, and other bureaucrats, when there is no recourse or penalty for unjust rulings, is naive at best. There is very real reason to worry that this law will be used as a cudgel, not a shield.
Source: http://dankanemitsu.wordpress.com/2010/11/24/bill-156s-total-scope/
EDIT: Oh yes, it is also worth noting that Ishihara is a writer responsible for some extremely prurient and sexualized novels involving underaged characters. Interestingly, the current law will in no way affect his body of work. However, if any of his novels were re-made as a comic book or anime, it would very likely warrant classification as AO material under these new guidelines. I find this very suspect, and question Ishihara's impartiality as a legislator as a result.
As an interesting aside, the conversion of Ishihara's novels into comic book form is the central point of an upcoming protest doujin event this March.
http://www.animenewsnetwork.com/interest/2010-12-16/tokyo-governor-novels-inspire-dojin-protest-event