Protecting Youth and Regulating Speech, Battle Royale
Udo Helms
ahura_matsda
Wed Jan 24 23:50:03 EST 2001
Aaron wrote:
What forces them to "participate" is not just the
>control over the industry by the major studios, but also the fact the
>national theatrical organization (forget the name now) has agreed that it
>will not show any films not screened by Eirin.
The reason why Zenkouren - the National Theatre Association - obliges its
members to screen Eirin-inspected films only is actually legal: the Kansei
Eisei Hou ("Environment Protection Law") of 1957 obliges Zenkouren to do so,
as a direct result of the Taiyouzoku-films scandal of 1956 - these
"sun-group" films dealed with juvenile delinquency and rebellion in the
aftermath of US films like "the Wild One" or "Rebel without a Cause".
Curiously enough, the name-giving story "taiyou no kisetsu" (Season of the
Sun) marked the literary debut of later LDP hardliner and present-day
governor of Tokyo, Ishihara Shintarou. But that is of course an entirely
different matter...
In this context, it is important that Eirin`s inspection is, while
officially self-regulatory, legally inevitable due to the obligation of
exhibitors to screen only Eirin-inspected films. The logic behind this is
that production and distribution of films can be regarded as elements of a
creative process, which enjoy the protection of freedom of expression
granted by article 21 of the Japanese Constitution. Exhibition, however,
marks the business side of the film industry, and therefore does not enjoy
the same privilege. Therefore, it is in theory possible to produce any kind
of film you want, as long as you can provide the means to do so. However, as
soon as the film enters the public sphere, it is subject to the limitations
of Eirin, the obscenity laws, and regulatory measures such as the law
described above.
Udo Helms
Tokyo University
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