Pornography in Asia

Pornography in Asia is pornography created in Asia, watched in Asia and as one or more genres of Asian porn displayed and consumed in other parts of the world.

East Asia

China

Internet pornography was outlawed in the People's Republic of China effective 2002, when state censors issued guidelines requiring that all websites remove any pornographic material.[1] The government started a crackdown in 2004, which included the jailing of a woman.[2]

Since 2008, the production of pornographic movies has been banned by state censors, the State Administration of Radio, Film and Television's prohibition on pornography has been complete, and the government has shown no signs of changing course. Directors, producers, and actors involved in pornographic movies have been barred from competing in any film competitions. Any movie studio found in violation may have its license revoked.[3] As a result of this regulation and censorship, adult films and media can only be obtained through the Internet and on the black market. Possession of pornography is punishable by up to 3 years in prison, a fine of CN¥20,000, or up to life imprisonment for large underground distributors.[4] In 2010 China shut down 60,000 porn sites according to Reuters, arresting almost 5,000 suspects in the process.

Hong Kong

In Hong Kong, pornography is illegal if sold or shown to children under 18 years of age, if it is publicly displayed (except within the confines of and only visible from inside a "bona fide art gallery or museum"), or if it is sold without being wrapped completely with an "easily noticeable" warning stating that the material may be offensive and may not be distributed to minors.[5]

Japan

Main article: Pornography in Japan

In Japan, fetish pornography has a panoply of variations, ranging from well-known bukkake to tamakeri. The Gay market caters to mostly Twink audiences with sites like Japan Twinks being very popular.

As in Europe, photographs of nudes are not uncommon in the mainstream media. In the 1970s and 1980s, the strongest prohibition was against showing pubic hair or adult genitalia. Imported magazines would have the pubic hair scratched out, and even the most explicit videos could not portray it. Starting around 1991, photobook publishers began challenging this ban to the point where pubic hair is now fairly well accepted. Close-ups of genitalia remain proscribed. In 1999, the government enacted a law banning photos and videos of naked children, which were a fairly common sight in mainstream media before that time. Manga and anime remain largely unregulated, although large publishers tend to self-censor or specify that characters are at least 18 years of age.

The 1960s, in Japanese pornography, was the era of the independent Pink film. In the years since the end of World War II, eroticism had been gradually making its way into Japanese cinema. The first kiss to be seen in Japanese film—discreetly half-hidden by an umbrella—caused a national sensation in 1946.[6] Nevertheless, until the early 1960s, graphic depictions of nudity and sex in Japanese film could only be seen in single-reel "stag films", made illegally by underground film producers such as those depicted in Imamura's film The Pornographers (1966).[7] Nudity and sex would officially enter the Japanese cinema with the independent, low-budget softcore pornographic films which would come to dominate domestically produced films in the 1960s and 1970s.[8] These films were called eroductions during the early 1960s, but are now more commonly referred to as pink films.[9] The first true pink film, and the first Japanese movie with nude scenes, was Satoru Kobayashi's controversial and popular independent production, Flesh Market (Nikutai no Ichiba, 1962), starring Tamaki Katori.[10] Katori would go on to star in over 600 pink films throughout the 1960s, earning the nickname the "Pink Princess".[11] In 1964 Tetsuji Takechi made the first big-budget, mainstream pink film, Daydream. Takechi would remake Daydream as Japan's first theatrical hardcore film in 1981, starring Kyoko Aizome.[12]

North Korea

Production and distribution of pornography in the DPRK (North Korea) is illegal.[13] It has been rumoured that an officer was executed for selling porn.[14]

South Korea

Pornographic websites, books, writings, films, magazines, photographs or other materials of a pornographic nature are illegal in South Korea, with law not regularly enforced. Distribution of pornographic objects will result in a fine or a two-year prison sentence. Since 2009, all pornographic websites are blocked by the South Korean government. In 2012 the Ministry of Public Administration and Security released statistics that cited 39.5% of South Korean children having experienced watching online pornography, with 14.2% of those who have viewed online pornography reportedly "wanting to imitate" it.[15]

Taiwan

In Taiwan the public display of adult material is strictly prohibited. The National Communications Commission (NCC), Taiwanese media regulator does monitor and categorize the level of media and public material into four levels. Thus adult material for sale are not seen in authorized shops, but only in small and hidden places. Due to the lack of copyrights, adult content produced in Taiwan have stayed in the form of "WebCam Chat". Prostitution is illegal in Taiwan. The Taiwanese government have planned to set up a zone for prostitution.[16]

Southeast Asia

Brunei

Due to the high number of expatriates in this country, pornography from various regions such as the Americas, Africa and Europe are easily available in retail shops known as 'kedai runcit'. It is illegal to sell to minors, and it is illegal to produce pornography unless for personal use.

Indonesia

Pornographic material is prohibited by law from the KUHP, the law controlling pornography concerns over the potential danger of criminal offence by pornography as well as preventing under age citizens exposed to pornography. Suggestive materials in Indonesian media are rare. Current laws prohibits the selling and buying of pornographic materials. There is a Undang-Undang Anti-Pornografi (The Law of Anti-Pornography), but this has become controversial as it is seen to objectify women, and it can affect the local culture including some traditional art.[17] What was concerned in that RUU such as child abuse is already recognized in KUHP (Kitab Undang-undang Hukum Pidana)[18]

Pornography in Indonesia is prohibited in terms of creating, distribution, selling, and rental of explicit materials. On October 30, 2008, the People's Representative Council passed Bill against Pornography and Pornoaction, which is aimed at preventing pornography on widespread Indonesian media. A controversial material from the bill was a definition of pornography.[19] In 2010 the anti-pornography law was challenged but Indonesia's Constitutional Court upheld the ban and stated that the law's definition of pornography was clear and did not violate the constitution.[20]

The broadness of the law has concerned practitioners of sensual regional traditions such as the nightclubs in Bali, West Javan jaipong dance, and New Guinean penis gourd wearing.[21]

Malaysia

In Malaysia, it is illegal to sell or possess pornography. Possessing pornographic material is subject to prosecution with a maximum punishment of five years in prison and 50,000 ringgit (US$13,292 or £7,374) in fines.[22]

The Printing Presses and Publications Act of 1984 subjects all offline media (such as newspapers, television, and radio stations) to licensing regimes granted at the discretion of ministers. However, the Communications and Multimedia Act of 1998 pledged the Malaysian government to refraining from censorship of the Internet. Nevertheless, the Malaysian Communications and Multimedia Commission, the main regulatory authority of information technology and communications industries, prohibits online content that is "indecent" or "obscene".[23]

Condom shops selling sex toys and many sex-related products are illegal in Malaysia. There are shops selling them in towns and cities such as Kuala Lumpur, Penang, Ipoh, Kuching and Kota Kinabalu.

Philippines

Any kind of pornography is illegal in the Philippines. This is due to the influence of conservative Christian groups and churches, such as the Catholic Bishops Conference of the Philippines, more commonly the Roman Catholic Church and many others.[24] The current law does not specifically outlaw webcam sex sites, which are often based in the Philippines. Law enforcement is light, and pornography is available often through black markets and the Internet. There are some urban areas that are known to publicly sell these kinds of films.[25]

Despite the existing laws, some reports claim that the porn industry in the country is now earning around $1 Billion annually, making it the 8th largest porn industry in the world and the 4th in Asia. This also means that it currently holds the top rank in the whole Southeast Asia, despite the fact that almost every month, the OMB confiscates hundreds of thousands of counterfeit VCDs and DVDs. From January to September 2008, the OMB has confiscated 4,807,012 CDs costing P1.4 billion ($29,400,000; based on the prevailing peso-dollar exchange rate in September 17, 2008).[26]

Singapore

Visiting pornographic websites and viewing their content is not an offence in Singapore, although it is deemed illegal to provide and/or supply any form of pornography from within the country.[27] It is also an offence to be in possession of pornographic material.[28]

Thailand

Pornography laws in Thailand prohibit all types of pornography. Production, distribution and possession with an intention to show to the public are criminalized. Possession for personal use is legal. The law enforcement is relatively light. Other forms of pornography such as yaoi and hentai are illegal but are common over the internet.

Vietnam

Pornography is illegal in Vietnam and enforcement against it is strict. According to legislatures, pornography harms Vietnamese standard values.[29]

Caucasia

Azerbaijan

In Azerbaijan in accordance with article 3 of the Media Act of December 7, 1999, the "pornographic materials" are defined as works of art, photographic reproductions of paintings, information and other materials the main content of which is the crude and undignified depiction of the anatomical and physiological aspects of sexual relations. Pornography in Azerbaijan is easily and cheaply obtainable in Baku, although not in most other places. Pornographic images, either printed or recorded may cause problems when crossing the border. Taking the soft-core materials should have no problems, but Azeri borders guards can require a few extra euros.[30] Meanwhile, the legal activity to combat child pornography is governed by 1998 Rights of the Child Act, 1999 Media Act, the Plan of Measures to Solve the Problem of Homeless and Street Children and the National Plan of Action to Combat Trafficking in Persons.[31]

South Asia

Bangladesh

Pornography is illegal in Bangladesh since 2012 by enacting the porngraphy control act .[32][33][34]

India

Main article: Pornography in India

In India, possession or watching of pornographic materials is completely legal, but distribution of pornography is prohibited and attracts several penal provisions.[35] But, enforcement is extremely lax and pornographic materials are easily available in public places. Softcore pornography and hardcore pornography movies/photos are easily accessible through magazines, DVDs, or Internet. Buying and selling sex toys are illegal, nonetheless sex toys are sold at selected places in India.[36][37]

Pornographic films in India are referred to as Blue Films and are available virtually anywhere; especially in areas where illicit material is already being sold. Despite the illegality, stores selling X-rated material are abundant in major cities, advertising openly and rarely are the laws enforced in this case.[38][39] In 2010 Bombay high Court ruled that watching pornography in private is legal [40]

Child pornography is illegal ("child" is defined as a person under 18) to possess, produce (in terms of electronic copies), or to distribute and is labelled as crime. Section 67 of the "Information Technology Act" deals with "publishing obscene information in electronic form". This law has been interpreted to criminalize posting of pornographic content online. Accessing of "obscene" content within one's privacy is legal. The IT Act was amended by the Parliament on 2008, and Section 67B was inserted, which criminalizes browsing, downloading, creation, publishing child porn. Therefore, while it is legal to watch adult porn, it has been made illegal to watch child porn.[41]

On August 1, 2015 the BJP government has requested ISPs in India to ban 857 pornography sites. Although the ban is a little lax and it can be easily obtained.[42] The ban was lifted two days later due to widespread protest in social media. Instead the government plans to block sites that host Child Pornography.

Pakistan

Pornography is illegal. It is not easily accessible, and the Government has put a 100% ban on websites containing such material since November 2011.[43] The list of banned pornographic websites is updated on an ongoing basis.

Sri Lanka

The laws against pornography in Sri Lanka are strict. Under the Explicit Literature Ordinance, sale or possession of pornographic material can be classified as illegal. The production of local pornography is strictly illegal.

Child pornography is considered to be illegal under the National Child Protection act and the punishments are very severe. Child pornography possession, production and distribution is punishable by up to 20 years imprisonment, severe fines and in some cases, even forfeiture of property. This act covers the rights of children, but not pornography per se. Therefore, the same act cannot be used as an anti-pornographic law.

In the year of 2009, The government banned more than 100 local and international porn sites and nearly 80 Sri Lankan porn stars were arrested by the local authorities. They were all sentenced to fines, community service and prison sentences up to 2 years.

Middle East

Iran

In Iran pornography is illegal. However, due to widespread Internet access (in particular, downloading programs) and the existence of a large-scale black market in Western films, pornography is called "super film." In Iran, a law was passed in mid-2007 by parliament but still required approval of the Guardian Council, producers of pornographic films face execution if found guilty.[44]

Israel

In Israel, pornographic films began to be produced in the 1990s, but most of the films were shot in the early 2000s. Any kind of child pornography is strictly forbidden (under the age of 18).

Lebanon

In Lebanon, the production and distribution of pornography films are illegal.

In September 2011, four members of a criminal ring involved in the sale of pornographic films were arrested by Lebanese authorities. The men, of Lebanese and Syrian nationality, had been promoting the sale of unlicensed copies of pornographic DVDs in different areas of the country, particularly Jbeil, north of Beirut, where they were apprehended. The men were referred to the relevant authorities, with the case investigated to uncover the remaining members of the ring and anyone else involved in the distribution of the pornographic films.[45]

Palestine

In 2008, Hamas have attempted to implement internet filters to block access to pornography in the Gaza Strip.[46][47]

Saudi Arabia

Saudi Arabia bans all forms of pornography due to Islam's opposition of pornography. In 2000 Saudi authorities said that they were "winning the war against pornography on the internet".[48]

References

  1. ↑ "China creates stern Internet, e-mail rules". USA Today (www.usatoday.com). 2002-01-18. Retrieved 2008-01-01.
  2. ↑ Richardson, Tim (2004-08-16). "China jails woman in porn crackdown". The Register (www.theregister.co.uk). Retrieved 2008-01-01.
  3. ↑ "Production of XXX movies banned in China — UPI.com". United Press International (www.upi.com). 2008-01-01. Retrieved 2008-01-01.
  4. ↑ "Laws of the People's Republic of China (Articles 152 and 363 to 367)". www.asianlii.org. Retrieved 28 November 2015.
  5. ↑ "Control of Obscene and Indecent Articles Ordinance". Retrieved 2006-08-26.
  6. ↑ Bornoff, Nicholas (1994) [1991]. "18 (Naked Dissent)". Pink Samurai: An Erotic Exploration of Japanese Society; The Pursuit and Politics of Sex in Japan (Paperback ed.). London: HarperCollins. p. 602. ISBN 0-586-20576-4.
  7. ↑ Sharp, Jasper. "Tetsuji Takechi: Erotic Nightmares". midnighteye.com. Retrieved 2007-04-19.
  8. ↑ Domenig, Roland (2002). "Vital flesh: the mysterious world of Pink Eiga". Archived from the original on 2004-11-18. Retrieved 2007-04-19. Since the mid-1960s, pink eiga have been the biggest Japanese film genre... By the late 1970s the production of pink eiga together with Roman Porno amounted to more than 70% of annual Japanese film production.
  9. ↑ Domenig, Roland (2002). "Vital flesh: the mysterious world of Pink Eiga". Archived from the original on 2004-11-18. Retrieved 2007-04-19. The term pink eiga was first coined in 1963 by journalist Murai Minoru. But it did not come into general use until the late 1960s. In the early years the films were known as 'eroduction films' (erodakushon eiga) or 'three-million-yen-films' (sanbyakuman eiga).
  10. ↑ Weisser, Thomas; Yuko Mihara Weisser (1998). Japanese Cinema Encyclopedia: The Sex Films. Miami: Vital Books: Asian Cult Cinema Publications. p. 21. ISBN 1-889288-52-7.
  11. ↑ Connell, Ryann (March 2, 2006). "Japan's former Pink Princess trades raunchy scenes for rural canteen". Mainichi Shimbun. Retrieved 2007-04-19.
  12. ↑ Koizumi, Shinichi (2001-12-01). "Porn-star label now a badge of honor for actress". Asahi Shimbun. Archived from the original on 2001-12-03. Retrieved 2010-01-02.
  13. ↑ Kongdan Oh (November 16, 2009). The hidden people of North Korea: everyday life in the hermit kingdom. Rowman & Littlefield Publishers. p. 153. ISBN 0-7425-6718-4. Retrieved 2012-01-20.
  14. ↑ N.Korean Military's Morale 'Weakening' , The Chosun Ilbo, 6 July 2011
  15. ↑ Kwon (권), Hye-jin (혜진) (2012-07-30). 청소년 14.2% "야동 따라하고 싶었다". Yonhap News (in Korean). Retrieved 2012-09-02.
  16. ↑ "台灣首家正版成人頻道開播 或促成人片版權保護". sina.com. Retrieved 9 November 2015.
  17. ↑ "Indonesian anti-porn law threatens natives: Penis sheaths to be banned in Papua police crackdown?". Bild. 5 January 2009. Retrieved 9 November 2015.
  18. ↑ KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA PERDAGANGAN BAYI - Diponegoro University | Institutional Repository (UNDIP-IR)
  19. ↑ Geoff Thompson (31 October 2008). "Indonesia passes tough new anti-porn laws". ABC News. Retrieved 9 November 2015.
  20. ↑ Vaswani, Karishma (2010-03-25). "Indonesia upholds anti-porn bill". BBC News.
  21. ↑ "Anti-pornography law challenges the penis-gourd wearers of West Papua". Times Online. Retrieved 9 November 2015.
  22. ↑ "Malaysia targets mobile phone sex". BBC. 2005-08-29.
  23. ↑ "ONI Country Profile: Malaysia". OpenNet Initiative. 7 August 2012. Retrieved 2 December 2015.
  24. ↑ "Pornography: Society at Risk". mentalhealthlibrary.info. Retrieved 2008-01-01.
  25. ↑ "The legality of cam porn". www.philippines-for-men.com. Retrieved 2008-01-01.
  26. ↑ Report: Philippines' Porn Industry 8th Largest in the World - PinoyExchange
  27. ↑ Media Development Authority of Singapore. "MDA — FAQs". Singapore: Media Development Authority of Singapore. Retrieved 2010-04-01.
  28. ↑ Media Development Authority of Singapore. "MDA — FAQs". Singapore: Media Development Authority of Singapore. Retrieved 2010-04-10.
  29. ↑ "Vietnam — Coalition Against Trafficking of Women". Archived from the original on August 19, 2006. Retrieved 2006-08-26.
  30. ↑ "Sex in Azerbaijan". www.azerb.com (by travel-images.com). Retrieved 22 December 2015.
  31. ↑ "Information concerning the questionnaire of the Special Rapporteur on the sale of children, child prostitution and child pornography". Archived from the original (DOC) on 2007-01-08. Retrieved 2006-10-05.
  32. ↑ "পর্নোগ্রাফি নিয়ন্ত্রণ আইন, ২০১২ ( ২০১২ সনের ৯ নং আইন )". Legislative and Parliamentary Affairs Division Ministry of Law, Justice and Parliamentary Affairs, Bangladesh. bdlaws.minlaw.gov.bd. 8 March 2012. Retrieved 31 July 2015.
  33. ↑ "Anti-Pornography Law in Bangladesh". lawyersbangladesh.com. 3 January 2012. Retrieved 31 July 2015.
  34. ↑ "Law Firm in Bangladesh". shossainandassociates.com. Archived from the original on August 8, 2014. Retrieved 9 November 2015.
  35. ↑ Articles, Times of India (25 November 2010). "Merely viewing porn not a crime, rules HC". Times of India. Retrieved 8 July 2012.
  36. ↑ anvi Saraf; Manasa Madishetty (28 July 2009). "What's it like shopping for sex toys in India?". Rediff. Retrieved 9 November 2015.
  37. ↑ Kaushik Deka (24 November 2005). "Durex is fine, but is India ready for sex toys?". The Economic Times. Retrieved 9 November 2015.
  38. ↑ Pornography filters in India have little impact, Computer World, January 14, 2010.
  39. ↑ India at war with Internet porn, Asian Times, June 2010.
  40. ↑ palash (26 November 2010). "Watching Porn At Home Is Not A Criminal Offence: Bombay High Court". lawisgreek.com. Retrieved 9 November 2015.
  41. ↑ "Browsing child porn will land you in jail". Times of India. 2009-02-16. Retrieved Feb 16, 2009.
  42. ↑ "India bans porn". New York Times. 2015-08-03. Retrieved Aug 4, 2015.
  43. ↑ Haque, Jahanzaib (17 November 2011). "PTA Approved". Express Tribune. Retrieved 13 June 2012.
  44. ↑ "Death Penalty For Porn In Iran?". Cbsnews.com. Retrieved 12 October 2014.
  45. ↑ "Authorities arrest Syrian-Lebanese porn gang". The Daily Star. September 28, 2011. Retrieved August 28, 2012.
  46. ↑ AFP: Hamas takes aim at Internet porn in Gaza
  47. ↑ "Hamas bans pornographic websites in Gaza Strip". Reuters. 2008-05-19.
  48. ↑ "Saudis 'defeating' internet porn". BBC News. 2000-05-10.
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