New AV Law

[princeali692]

I have seen no mention of this issue in English speaking circles, so I thought I would bring this to everyones attention here. The Japanese Diet (Japanese Congress/Parliament) Recently enacted a new law that regulates the AV industry. Here is a summary of what the law entails written up by someone else who took the time to get some of the major points.

• 1. The target of this bill is not only actresses, but also all the people who appear, regardless of age and gender
• 2. The film company needs to provide a performance contract before filming. The film company is responsible for explaining the content of the filming to the performers in detail, and also needs to protect the filming safety of the performers
• 3. After signing the contract, filming and related follow-up work can only be performed after the specified time: - The filming can be carried out only after 1 month of the signing of the filming contract. This month can be understood as a cooling-off period - The finished works, including the announcement of the work information, pre-sale, and official sales, can only be officially started 4 months after the shooting - Before the product is launched, the participating performers need to confirm the content of the film
• 4. If the above rules are violated, the performers have the right to unconditionally terminate the contract
• 5. All AV performance contracts can be unconditionally terminated one year after the AV work is announced, including removing the title from sale. In the first two years of the legislation coming into force, this period will be two years.
• 6. Actors who appear in AV do not need to bear any compensation costs arising from the termination of the contract

This law puts a lot more regulatory burden on JAV companies. Mainstream JAV already has this thing organization IPPA from what I understand is what they use to self regulate. Thats the IPPA symbol you see in the top right corner in a lot of JAV these days. It means the movie was made properly and is a stamp of "approval". The problem with this law is that it puts criminal penalties, like fines and even Jail time. So the making of JAV has become a bit more risky, especially since everybody including male actors can cancel a movie.

Now I don't speak Japanese, So I don't know how everything is shaking out but it sounds really bad for JAV. If anyone has any more information or actual happenings in the JAV industry relating to this it would be nice for you to share.

This law was enacted just this last week, so there is a lot of unknowns happening. According to this Actress, all JAV shooting planned for July has been cancelled.

https://twitter.com/i/web/status/1538367332728598528

 

[hoochimama]

5. All AV performance contracts can be unconditionally terminated one year after the AV work is announced, including removing the title from sale. In the first two years of the legislation coming into force, this period will be two years.
6. Actors who appear in AV do not need to bear any compensation costs arising from the termination of the contract

I'm hoping there's something that's not well translated, otherwise it sounds like the kind of poorly written laws that are typical of banana republics. How is it even supposed to work? If the performers get to terminate a contract/pull a video from circulation for up to 2 years after its announcement/release, what studio can afford to take risks like that?

Are the contracts supposed to stipulate that performers only get paid 2 years down the road once it's safe for the studios?

Chances are the biggest porn groups had a hand in writing up the new law and it's designed to push out the smaller studios.

 

[Porni]

It looks like some kind of Western SJW

 

[Electromog]

The way I read it is the other way around. When the movie is *more* than one year old, the actors can have it pulled. So the JAV companies must hope they sell enough in the first year to make it worth it, as they may stop making money any time after that.

I don't think the one month waiting time so people can change their mind is a bad thing. Some smooth talking agent can get a girl to do things she regrets the next day. And since they haven't filmed anything yet, the JAV company has made little or no expenses yet so they don't lose much if the movie doesn't happen.

However, once a movie is officially released, I find it silly actors can have it removed later. It doesn't really work either, once released it will probably live forever on the internet.

 

[princeali692]

AV Director Kirin retweeted some kind of Japanese Lawyer on this matter. Who seems to indicate some elements of this law may be unconstitutional. I am just trying to peice these things together as best as I can.

https://twitter.com/i/web/status/1537275140626558976

 

[hoochimama]

The way I read it is the other way around. When the movie is *more* than one year old, the actors can have it pulled.

I'm seeing conflicting opinions regarding that on scanlover. They already had the 5 year expiry rule where chicks could have their movies pulled after 5 years (Ai Uehara). The way the translations seem worded imply this is in addition to that, during the first 1-2 years. As in if the impact of her porn being published/going online affects a chick in ways she didn't expect/doesn't like, she can immediately have it pulled.

 

[Inertia]

SL has a really popping thread on this.

 

[branbran726]

If there's already an English translation of the law as linked in that tweet from @princeali692 , please can someone post it here? I'm a third of the way through a translation of my own, but I don't want to waste my time if it's already been translated somewhere else.

 

[hairy_bush]

it's strange.....the law seems a little backwards...and a bit toothless

cuz in some places.....you could get a job at a soapland even if you were 18 years old....

I read it affects porn and gravure industry.....so I guess IDOL industry is ok cuz Japan loves its underaged idols aka 'Little Idols' or 6-year olds and underground idols

since APril new FC2 vids with really young girls have been showing up....so maybe AV industry will turn to the FC2 business model

papakatsu with 18 year-olds is increasing

in the article, it said some politicians wanted to go back to the old days of simulated sex....

I can see this law consolidating the industry..smaller companies going out of business..or better yet movies turned to uncensored

​

 

[ramp_it_up]

I knew something was up. Radix released this weird tweet on the future of JAV:
<blockquote class="twitter-tweet"><p lang="ja" dir="ltr">今後ＡＶ界の予想①<br><br>１複数人が出演する作品が減る<br>（出演者一人が取り下げたら販売できない）<br>２ナンパ作品が無くなる<br>（ナンパして一ヶ月後に待ち合わせればＯＫだけどｗ）<br>３新人の女優が減り、ベテラン女優の仕事が増える<br>（辞めるリスクのある人より安心を取る）<br><br>つづく<a href="https://twitter.com/hashtag/AV出演被害防止法?src=hash&amp;ref_src=twsrc^tfw">#AV出演被害防止法</a></p>&mdash; RADIX（レイディックス）☆社長 (@radixtop) <a href="

https://twitter.com/i/web/status/1537019586364809219

">June 15, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<blockquote class="twitter-tweet"><p lang="ja" dir="ltr">今後ＡＶ界の予想②<br><br>４ＡＶ会社やプロダクションをカモにする人が現れる<br><br>５性別問わずなので素人汁男優とかも怖くて使えない<br><br>６お金を稼ぎたいけどすぐに稼げないので<br>　裏のワイセツ動画に出演してしまう子も<br><br>つづく</p>&mdash; RADIX（レイディックス）☆社長 (@radixtop) <a href="

https://twitter.com/i/web/status/1537020843699712002

">June 15, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[maload]

i hope for their better life .. jav actress is human too. so

 

[ramp_it_up]

I knew something was up. Radix released this weird tweet on the future of JAV:
<blockquote class="twitter-tweet"><p lang="ja" dir="ltr">今後ＡＶ界の予想①<br><br>１複数人が出演する作品が減る<br>（出演者一人が取り下げたら販売できない）<br>２ナンパ作品が無くなる<br>（ナンパして一ヶ月後に待ち合わせればＯＫだけどｗ）<br>３新人の女優が減り、ベテラン女優の仕事が増える<br>（辞めるリスクのある人より安心を取る）<br><br>つづく<a href="https://twitter.com/hashtag/AV出演被害防止法?src=hash&amp;ref_src=twsrc^tfw">#AV出演被害防止法</a></p>&mdash; RADIX（レイディックス）☆社長 (@radixtop) <a href="

https://twitter.com/i/web/status/1537019586364809219

">June 15, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
<blockquote class="twitter-tweet"><p lang="ja" dir="ltr">今後ＡＶ界の予想②<br><br>４ＡＶ会社やプロダクションをカモにする人が現れる<br><br>５性別問わずなので素人汁男優とかも怖くて使えない<br><br>６お金を稼ぎたいけどすぐに稼げないので<br>　裏のワイセツ動画に出演してしまう子も<br><br>つづく</p>&mdash; RADIX（レイディックス）☆社長 (@radixtop) <a href="

https://twitter.com/i/web/status/1537020843699712002

">June 15, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

i hope for their better life .. jav actress is human too. so

yeah true, I would feel bad when seeing a girl cry in her debut. I hear the stories of how people are tricked into the industry and the cops don't even help

 

[branbran726]

From @princeali692 linked tweet, here is the Upper House's final version of the law, as well as a summary. (Here is the Lower House's version and the Lower House's summary.

Here's my translation based mostly on the summaries, with parts of the full text where they might be important for discussion. #NotLegalAdvice

If this information is translated elsewhere, and there is a conflict between this translation and that, well then someone should have posted that translation here first, then, shouldn't they.

• 1 Background
  • There is significant and irreparable damage already present, in the form of performers forced to appear in AV, that affects their mental state, physical state, and their daily lives.
  • It is therefore seen that it is necessary to rescue all those who would suffer this harm, regardless of age or gender.
  • With the intent of respect of the individuality of the performers, their physical and mental health and peace in their daily lives, and their other interests, we enact this special law to shape a society that puts particular weight of consideration on the status of the performers.
• 2 Definitions
  • "Videographic Sexual Content" (hereafter referred to as AV) is... (goes into a definition of JAV as a type of media content. Notably, it specifies the touching of genitalia or anus as a component, but then summarizes JAV as 'media that's main purpose is to excite or stimulate sexual desires'. Gravure 'Image' Video (IV) content is thus a gray area, since depending on the specific content one could argue that certain products fit into the summary definition of AV.)
  • "Performer" is a person recorded, or to be recorded, performing in a sexual manner in an AV.
  • "Producer" includes entities involved in the recording, editing, and publishing of AV content.
  • "Contract" refers to the agreement between the Performer and Producer to create AV content.
• 3 Basic Principles
  • Producers of AV shall recognize the severity of harm of forced AV performance, and shall act to preserve each individual's sexual self-respect.
  • Forcing a sexual act is forbidden.
  • Contracts which run against good societal values are invalid.
  • Prostitution is not tolerated.
• 4-6 Regarding Contracts (taking some of this from parts 4-6 of the full law page)
  • A new contract must be formed for each appearance.
  • Contracts must be in writing, but may be digital.
  • Contracts must include the following:
    • The fact that the media is an adult video
    • The date, time, and location of production
    • The specific type of content to be recorded, including the form in which the Performer will appear
    • All information necessary to specify any else appearing in the recorded performance
    • The specific methods and period where and when the AV will be available
    • In cases where the entity making the AV available is not the producer of the content, contracts shall contain that fact as well as the name of the entity or entities making the AV available.
    • The amount and method of payment to be received by the performer.
    • Anything else that shall be determined by regulation.
  • At the time of contract, the Producer of the content shall provide in writing and clearly explain the content to be recorded, as well as provide and clearly explain the information regarding the performer's rights of retraction and the conditions wherein they may nullify their contract without penalty.
  • The Producer must explain that there is a risk the Performer could be identified as a result of their AV appearance.
  • Upon signing the contract, the Producer shall provide the Performer with a copy of said contract, including the information on their rights of retraction.
  • The explanation of rights shall also be presented in writing or digitally.
• 7-9 Recording of the AV
  • AV shall not be filmed until at least one month after the Performer receives the signed contract or the explanation of rights, whichever is later.
  • At the time of filming, a Performer may refuse to perform any or all sexual acts, including the acts specified in their contract. The Performer shall bear no responsibility for losses incurred by this refusal on the part of the Producer or third party.
  • The Producer of the AV shall act in the necessary manner to preserve the health of the Performer, including the protection of their reproductive abilities, as well as providing for a safe and hygienic filming environment. The Producer must make it possible for the Performer to express their right to stop at any time.
  • "Recording the AV" shall be taken to include the production of certain photographic content of the performer closely related to the AV recording.
  • Producers shall make available to the Performer all content in which said Performer appears that intended for release, before it is released, so that the Performer can examine said content.
  • AV content may not be released for consumption until 4 months have passed from the end of all recording of the AV content.
• 10-14 Nullification of Contract
  • Contracts that require a Performer to appear in an AV without specifying the AV in which to appear are void.
  • These other items are also null and void if they appear in a contract:
    • Any terms regarding the payment of damages or fees regarding breach of contract as a result of the Performer's refusal.
    • Any terms limiting the liability of the Producer for damages incurred by the Performer as a result of the Producer failing to fulfill their contractual obligation.
    • Any terms limiting the liability of the Producer for damages incurred by the Performer if the Producer acts in an unlawful manner.
    • Any terms which limit the rights of the Performer or impose unreasonable burdens on their exercise of those rights.
  • A Performer can revoke their consent to a contract without penalty if the Producer acts in a way not in accordance with #7-9, or if they are found to have insufficiently or improperly explained the Performer's rights under this law.
  • In the following circumstances, a Performer can cancel their contract to appear in AV:
    • If anything is recorded before 1 month from contract, or if the recording takes place without proper attention to health, safety, and hygiene as described in section 7.
    • If AV material is published without the opportunity for the Performer to examine the content in which they appear.
    • If the AV is published before 4 months from the end of recording.
  • If cancelled as a result of one of the above reasons, the Producer may not seek redress of damages resulting from cancellation.
  • A performer can retract their consent of contract or cancel a signed contract (for any reason or no reason) within 1 year of publication of the AV (with some extensions for if they were tricked, threatened, or coerced into performing or coerced into not exercising their rights under this law).
  • Cancellation of contract shall be effective from the moment such a desire is submitted in writing or digitally.
  • Producers cannot seek redress of damages as a result of such cancellation.
  • Contractual terms which seek to disadvantage the Performer and assign costs to their cancellation are null and void.
  • Producers may not use falsehoods to affect the Performers understanding or decision to cancel their contract.
  • Producers may not use coercion to prevent a Performer from exercising their right to cancel their contract.
• 15 Retraction of Content
  • If the contract to perform is nullified or cancelled by the Performer, they may seek to cease and/or prevent publication of the relevant AV content.
  • If the Performer seeks to cease/prevent publication, the Producers must do what is necessary to realize this.
• 16 Internet Service Provider's Responsibility
  • (Some description of the rights and responsibilities of ISPs when it comes to the cessation of AV data transmission or information about the Performer.)
• 17-19 National Efforts
  • There will be a national effort made to offer consultation to Performers and potential Performers, with an eye to preventing physical and mental harm as a result of appearing in AV. (Essentially, the Japanese government will, through each prefectural government, create a way for Performers to receive necessary advice.)
  • (A bunch of fluff about how the government will act on the underlying causes like poverty, sexual abuse, etc. that would drive someone to appear in AV unwillingly.)
  • (A bunch more fluff about how the government will work in schools and educational spaces to inform the public about the potential harms that could result from appearing in AV.)
• 20-22 Punishments
  • Using coercion or falsehoods to prevent a Performer from exercising their rights to cancel their contract is punishable by up to 3 years in prison and/or a fine of up to 3000000 yen.
  • If a member or representative of a corporation is found to have acted unlawfully in the manner described above, said corporation is liable for a fine up up to 100000000 yen.
  • Failure to provide an explanation of rights (in writing or digitally), failure to provide a copy of the performance contract, or providing false versions of either of these is punishable by up to 6 months in prison and/or a fine of up to 1000000 yen. (If they are a part of a corporation, the corporation will be liable for a fine of up to 1000000 yen.)
• Other
  • This law shall not affect the contractual obligations of entities who entered into contract before this law was enacted.
  • For the first two years from the enactment of this law, Performers can cancel their contracts within 2 years of AV publication, not 1.

 

[BlowJobEnjoyer]

It looks like some kind of Western SJW

West bad. East good.

 

[branbran726]

I'm worried about the effects this will have on the AV industry, and the people whose livelihoods depend on it. That includes performers who are happy with their jobs, as well as those involved in production. The law is focused solely on preventing new performers from being harmed, which is certainly important, but it does it by shifting an incredible burden on producers. It's not totally clear how it will affect the AV industry.

Those tweets @ramp_it_up posted from Radix's president give some idea of things to come:

• JAV with multiple actresses will not be made, since any one of them could kill it.
• No limitations on gender in the law, so no more big bukkake scenes since any one of the dudes could kill it.
• No more "pick up" flicks (unless you're willing to wait a month after you pick up the chick!).
• Production companies are going to be less willing to use new actresses, focusing instead on industry veterans who have less risk of quitting.
• People will start using the law to trick production companies.
• People desperate to make a quick buck will find a way to do so with more disreputable producers
• Since the cost of recalling a DVD are so significant, producers will shift to streaming content and stop making DVDs.

I personally think this could also accelerate the offshoring of AV production. Especially once travel restrictions have been lifted, domestic producers will be subject to so much more risk than overseas producers. It could mean JAV actresses start looking for work overseas in Taiwan or the US or Europe. Or it could lead to Japanese producers establishing a presence in some other country with more relaxed laws, periodically flying their performers out to some other country, and filming a ton of content all at once with them.

 

[Electromog]

• No more "pick up" flicks (unless you're willing to wait a month after you pick up the chick!).

Are these actually real? I always assumed the whole nanpa thing was scripted and they weren't really picking the girls off of the street like that.

 

[djlandd01]

Are these actually real? I always assumed the whole nanpa thing was scripted and they weren't really picking the girls off of the street like that.

What is the Nanpa incident?

 

[gingergauge]

Too bad they didn't change any laws that would actually help the JAV industry and make it more profitable. Such as striking down the law that makes showing genitals illegal.

You can make a video of a girl getting gang banged by literally 20 men and getting completed covered in cum. But, God forbid, you should see her vagina.

 

[thotpatrol]

So does that mean some dude's government job will eventually be to watch and confirm the content of AV releases.

 

[Inertia]

The pickup one RADIX wrote was a joke hence the w at the end.