censorship cont....

udo helms uhelms at zedat.fu-berlin.de
Tue Dec 15 19:27:35 EST 1998



Max Bliven wrote:

> I'm sorry my memory is so shoddy, but what was the Japanese term for
> the law that prohibits the exposure of pubic hair and what not?
> Thanks-
>

There is no such law, but I guess you're refering to the term waisetsu.
It's Art.175 of the Penal Code which prohibits public distribution of
"obscene" (waisetsu) writings, images or other objects. Based on this
article, Art. 21 of the Custom Tariff Law prohibits import of writings,
images and sculptures which would "endanger public order and customs",
forming the basis of Custom's inspection of imported films. Both laws do
not expressively forbid the exposure of pubic hair, not even the
corresponding article ("Sex and Customs") of the body of self-regulation
of the motion picture industry, Eirin - it is  "in principle" forbidden
within its provisions for film examiners, giving some leeway to pass
pubic hair in artistic films as Orlando or La Belle Noiseuse.

The general image of prohibition is in fact based on a silent agreement
between the Public Order Section (Hôanbu) of the Police, Customs and
Eirin due to an obscenity indictment case which lasted from 1972 till
1980 and involved even Eirin film inpectors - it was only then that
pubic hair was distinctly banned from display in their regulations.

Custom's inspection with the rank of a law - since this would constitute
an act of censorship violating Art. 21 of the Constitution, which bans
censorship. The Police can act ad hoconly, refering to the "maintenance
of public order", to which media are obliged by Art. 13 of the
Constitution... hopelessly complicated, but this is Japan, right?

Hope this answer is comprehensible yet,
                                                                    Udo
Helms
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