In December 2022, the first arrests were made under the AV Appearance Victims Prevention and Relief Act. This is an important event for us, as we have been providing counseling and support for victims of pornography since 2012, 10 years ago. It was reported by several major mass media. (A list of references is provided at the end of this document.)
We tell people who come to PAPS for advice, “This law is for your protection. Until this law was enacted, there was no effective law in place regarding the prevention and remedy of harm to porn performers. The following is a summary of this arrest, according to a press report on December 6, 2022.
On November 12, a director of a video production company was arrested and charged by the Metropolitan Police Department's Security Division with displaying obscene electromagnetic recording media.
By December 6, he was arrested again by the Metropolitan Police Department's Security Division on charges of violating the AV Appearance Victim Prevention and Relief Act.
The suspect admitted the charges and stated, “It was easy and convenient to make a profit.
This is the first time in Japan that a suspect has been arrested for violation of the AV Appearance Damage Prevention and Relief Act.
The women who appeared in the films were not told that the films were sold uncensored.
In addition, the women who appeared in the videos were not given contractual documents, and they appeared in the videos “without a contract.
The company is suspected of failing to deliver contract documents on seven occasions between August and October 2021.
Failure to provide a written contract carries a penalty of up to six months in prison, a fine of up to 1,000,000 yen, or both.
The Tokyo Metropolitan Police Department will continue to investigate to prevent similar cases from occurring.
Uncensored pornography is pornography in which the performer's genitalia have not been mosaicked. Distribution of uncensored pornography is an illegal act that violates Article 175 of the Penal Code, “Crime of Distribution of Obscene Material. The producers must have known that the performers could be arrested for “aiding and abetting” under Article 62 of the Penal Code. However, the performers were not informed of such risks, and they may have been involved in illegal activities.
Performing without a contract, without a contract document being issued, means that the performers themselves cannot confirm where the porn in which they performed will be shown, how it will be sold, or the timing or duration of the sale. This is a highly malicious case in which those important matters were also withheld from the public, and the actors filmed and sold the pornography to gain huge profits.
The suspect's arrest is believed to be based on Article 6 of the AV Appearance Victim Prevention and Relief Act. If found guilty, the suspect will be sentenced to imprisonment for not more than 6 months or a fine of not more than 1,000,000 yen (Article 21, Paragraph 2).
When a performer has entered into a performance contract with a performer, the producer/publisher shall promptly deliver or provide the performer with a performance contract, etc., in which the matters of the performance contract are described or recorded.” (Article 6 of the Law for Prevention and Relief of Damage Caused by AV Performances (Obligation to Deliver Appearance Contracts, etc.))
AV sales used to be DVDs, but now streaming/download sales are the norm, and with the ease of high-speed Internet connections since around 2015, it has become more profitable for individuals to create and sell their own AV using adult video sales platforms, etc. The situation has continued.
Search for keywords such as “personal shooting / individual shooting / individual shooting projects” or “doujin AV / doujin AV models” and you will be astonished. The FC2 contents market seems to be a hotbed for this.
A hashtag search on Twitter for the above keywords also shows that illegal scouting is taking place. Since adult video performance is treated as a publicly morally hazardous business, it should not be possible to introduce, mediate, or dispatch people to work in adult videos. However, there is no crackdown on pandering to pornography through social networking sites. In the case of AV scouts who call themselves “pick-up girls,” it seems that the police in downtown Osaka are actively strengthening crackdowns, but we have confirmed that the situation in downtown Tokyo continues to be unchecked. Shouldn't the police be stepping up their crackdown?
Under the Law for the Prevention and Remedy of Damage Caused by Performing in AV, the “right to demand an injunction” can be exercised regardless of whether the platform selling the videos is based in Japan or abroad. If the video is sold uncensored, it violates Article 175 of the Penal Code, “Crime of Distribution of Obscene Material. Although the contract itself is null and void according to Civil Code Article 90 “Legal acts aimed at matters contrary to public order or good morals shall be null and void,” there are malicious cases in which the sales continue even after the contract is null and void.
In such cases, Article 15 of the Law for the Prevention and Remedy of Damage Caused by Performing in AVs, “Right to Demand an Injunction,” now allows for the complete cessation of sales. This law is for damage relief.
Since the Law for the Prevention and Remedy of Damage Caused by Performing in AVs came into effect in June 2022, PAPS has received more than a dozen consultations every month concerning damage caused by performing in AVs. At present, we receive many consultations about AV that was performed and sold before the law came into effect, and there are also consultations about damage from non-contractual appearances.
For those who are concerned about uncontracted adult film appearances, we want you to know that you may be able to file a “request for injunction” even if you performed before this law went into effect. There have been cases where the counselor was able to stop the sale of the product after hearing the details of the case and following the appropriate procedures. You can negotiate directly by yourself as the Cabinet Office has various materials, or you can negotiate via Pappus, so please consult with us. (If you are prevented from voluntarily canceling the contract by saying, for example, “It will cost you cancellation fee,” it will be considered as “prevention of voluntary cancellation” under Article 20 of the AV Performance Damage Prevention and Relief Act. Please consult with us.)
Since this is the first arrest since the AV Appearance Damage Prevention and Relief Act was enacted, we hope that this law will serve as a deterrent in the future. We also recognize that there are still areas where this law needs to be amended in order to prevent further damage and provide relief, so we will continue to monitor the situation closely. We will continue to tell those who consult with us, “This law is for your protection."
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Reference:
NHK, “Application of the ‘New AV Law’: First nationwide arrest for failure to provide a contract to performers” (2022/12/06)
Yomiuri Shimbun, “Illegal AV filming without telling the cast ‘uncensored,’ female cast member: ‘If I had known, I wouldn't have left’ (2022/12/06)
Sankei Shimbun, “First Suspected Violation of New AV Law; Video Production Company Executive Arrested Again” (2022/12/6)
Nikkei Shimbun, “First case of suspected violation of the new AV law, company executive not delivering a contract” (2022/12/6).
Asahi Shimbun, “First Application of ‘New AV Law’ Arrested for Failure to Give Written Contracts to Three Female Performers” (2022/12/6)
Tokyo Shimbun, “Tokyo Metropolitan Police Department re-arrests officer of video production company on suspicion of violating new AV law” (2022/12/6)
TBS NEWS DIG: “Still traumatized, scarred for life...” Female victim of coerced pornography says suspect “did not explain that it was uncensored” (2022/12/6).
Asahi Shimbun, “AV Damage Prevention Law First Reported: Management Suspects Failure to Provide Written Contract” (2022/12/7)
Jiji.com, “AV Damage Prevention Law first detected: Man arrested again on suspicion of not providing written contract - Metropolitan Police Department” (2022/12/06).
↓ Article in which PAPS responds to the interview
Jiji.com Expert: “Be aware of your work,” First detection under the AV Appearance Damage Prevention Law (2022/12/06)
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