The 1868 Meiji Restoration saw the emperor restored to a position of authority at the head of a constitutional monarchy and Edo was renamed Tokyo (Eastern capital). The new Meiji regime established a much more comprehensive and rigorous censorship system which meant that Edo — period erotic classics were only allowed to be reissued in […]

The Edo period, sometimes referred to as Japan’s early modern period, lasted from 1603 to 1868. During this time Japan was ruled from Edo (present-day Tokyo) by the Tokugawa clan of samurai whose leaders styled themselves as shogun or military commanders. The samurai class were the effective rulers of all Japan, with the country being […]

Mark McLelland Introduction Over the past several decades alarmist reports about the supposed dangers of the sexualised nature of much Japanese popular culture have regularly featured in the English-language press. It has been claimed that Japan is ‘awash’ in all kinds of pornography, including child pornography (Larimer 1999; Fallows 1986: 38) and that insufficient attempts […]

In Hong Kong, the issue of child pornography is dealt with not by the COIAO but by separate legislation: the Prevention of Child Pornography Ordinance (PCPO) enacted in 2003. Targeting mainly paedophiles, the legislation imposes a total ban on child pornography, including its pro­duction, publication, copying, importing, exporting, or possession. The term ‘child pornography’ stipulated […]

In mainland China, neither the CL nor the LAPPOS addresses the issue of child pornography. It was only in the 2004 Judicial Interpretation that acts of producing, duplicating, disseminating, or displaying online obscene information graphically depicting sexual conduct of minors under 18 years of age were clearly stipulated as unlawful (NPCSC 2004, Article 6). This […]

In the past two decades, many Western countries, including the United States, have stepped up efforts to combat child pornography, which with the help of the Internet has spread far and wide (Wortley and Smallbone 2012). Moreover, the United States, Canada, Australia, Japan, and many Western European countries have signed the European Convention on Cybercrime, […]

Hong Kong does not conduct the type of law enforcement campaigns common in mainland China. Furthermore, only upon public complaints will any COIAO breaches be investigated. The COIAO is enforced by several government departments, namely, the Office of Film, Newspaper and Article Administration, Customs and Excise Department, and the police. As mentioned, ISPs in Hong […]

Mainland China and Hong Kong have not only devised separate regulatory regimes in their tackling of online pornography but also differ in their enforcement measures. In the following sections, I describe and analyse the actual practices of the two jurisdictions and evaluate their effectiveness. Mainland China For many years predating the Internet era, the General […]

The OAT consists of a presiding magistrate and two or more lay adjudicators selected from a panel (COIAO, section 7). Upon receiving an item for classification, the Tribunal is to provide an interim classification within five days (COIAO, section 14). Lay adjudicators are recruited through open invitation and appointed by the Chief Justice. Their inclusion […]

In Hong Kong, a classification scheme based on the experience of New Zealand was introduced in 1987 when the COIAO was enacted (Halsbury’s Laws of Hong Kong 2003: 482). This marks the biggest difference between mainland China and Hong Kong in their regulatory practices. The ruling CCP has until now exerted all-embracing control over media […]