Passing of Controversial Law Sparks Tension in AV Industry

From producers to directors, industry observers to behind-the-scenes workers, the tension is palpable in the Japanese AV industry. It is well known by now of the recent success of the bureaucratic rigmarole surrounding a law that it is impossible not to describe as controversial and debated; the debate, however, did not occur in parliamentary chambers, which saw a deafening consensus, but rather in the meeting rooms and online forums of those who actually make a living out of this industry. And it has been a debate that has undeniably brought out a very clear position from the parties involved: a position of condemnation and disappointment with the institutions that, blind or complicit in deliberately damaging a thriving and participatory industry, have indeed made the contractual aspect of the production and release of new JAVs alarmingly complex.

As a result of a recent revision of the Civil Code, the age of adulthood in Japan has dropped from 20 to 18; however, one still needs to be 20 to do certain things, such as gambling. This measure, which has definitely seen a more heated discussion and more sustained coverage in Japan's traditional media, was followed by a controversial law regarding pornography. The object of the law is supposedly a noble one and one of unanimous consensus: preventing women and performers in general from being coerced to appear on-screen against their will, whether by direct coercion, pressure, or contractual obligation. Previously, sales of films involving actors who were 18 and 19 years old, and therefore not yet of age, could be crushed and stopped if the contracts were not countersigned by the actors' respective guardians. Since, as of today, they are considered to be of legal age, this protection no longer applies, with the newfound fear that the not-anymore minors may be coerced into working in pornography. In essence, lawmakers fear that a fraction of these individuals could be ensnared in screen appearance and—through a domino effect—not be protected by said measure.

In addition to the lowering of the age of adulthood, the reasons behind the law could include a supposed increase in the influx of 18-19 years old into the JAV world. However, industry observers note that actual 18 or 19 years are very rarely employed, if not at all.

Picture above represents the normal way of legislation in Japan.

The legislative process behind this bill is definable as suspiciously fast. Proposed bills such as these in Japan undergo years of parliamentary debate and deliberation before passing the legislative steps and being enacted; instead, this bill burned through the steps like few others.

The law—which was passed with broad support by six parties, including the Liberal Democratic Party, bringing both majority and opposition into agreement—applies to all claimants, regardless of their age and gender, and grants them some power in independently crushing their labor contract. Specifically, the law requires that at least one month must elapse between the initial signing of a contract and the start of filming of the movie; also, at least four months must elapse between the filming of the movie and the release of the video on the market. In both time intervals, actors will have the power to terminate the contract and cancel the release of the film. However, while production studios, distribution platforms and agencies can't promote the movie in any way until the interval has fully elapsed, according to legal experts this limitation wouldn't be applied to performers. Technically, performers would include the male cast as well.

During the four months between filming and release of the movie, performers and staff will not get compensated. This could severely hinder the survival of smaller studios.

Performers would also be locked into their production contract after it is minted a month prior.

In addition, the law requires studios to make the pornographic nature of the footage very clear on the contracts. Failing to make explicit the details deemed relevant under the law, and thus failing to comply with contractual obligations, can lead to up to six months of imprisonment and fines of up to one million yen. Such details regard, for instance, the possibility to incur in doxxing attacks and sexually transmitted diseases. Finally, the law stipulates that interested parties are subject to very steep penalties for pressuring or slandering the actors should they decide within the time intervals specified above to cancel the release of the film. Penalties are up to 3 million yen. Corporations of certain sizes are subject to up to 100 million yen in fines. The bill also requires implementing preventive medical and safety background checks on the cast at the time of hiring.

AV doesn't have a competent authority and is mostly self-regulated. Of course, this bill "doesn't make JAV illegal", as some feared; however, the legislation—in the way it is currently written, at least—could suggest further actions and regulations by the lawmakers on the AV industry as a whole. It's also worth noting that the bill links the AV industry to the more predominant matter of pay-for-sex jobs, which are, in the case of sexual intercourse, illegal in Japan.

Among other things, a petition opposing the enactment of the law, which has already collected thousands of signatures and gained wide support from aggrieved parties, was opened to the public shortly after the law was passed. Petitions are a tool that sometimes do not get a real-world response, but they still manage to give weight and volume to a voice that should be imperative for lawmakers to listen to. It is important to note that the petition agrees with the reasons lying behind the law, but rejects and strongly criticizes the impositional and restrictive means employed to achieve the lawmaker's goal. Twitter sensations are also quite active on the matter, with some influencers and AV stars taking the lead in informing the public about the many, different issues regarding the law, and the drastic consequences its implementation would have on the industry. Industry leaders also criticized the way some of the statements included in the bill are phrased, deeming them inappropriate, or inaccurate.

'AV' trended on Twitter just after the passing of the law. Many actresses expressed their concern over the proposed legislation. Some say that the bill was actually a result of heavy lobbying; others say that the lawmaker's intentions backfired as the huge support in favor of a reformulation of the law grew by the day. A deadly cocktail of eager politicians, noisy anti-porn authorities, and the drop of the age of adulthod are to blame for the result. This is how a highly stigmatized, self-regulating, law-abiding industry becomes the perfect victim for someone else's game, whether it is to gain consent or votes.

It is the opinion of this writer and this platform that it is extremely important that those involved in the production of pornographic material be protected under the law, in a manner that prevents potential coercion and dangerous situations for the parties involved; it is also supposed to be in the common interest that the production, filming, and release of JAVs be carried out in an environment where there is full mutual respect and consent, whether or not bound by contractual structures. However, as has been well-publicized by the parties involved, the new impositions about the timelines between hiring, filming, production, and subsequent release, and the restrictive measures against them are the glaring example of over-regulation that, in moving toward a just cause, erodes the business continuity of producers, directors, performers and all those who work in the industry, and who will compulsorily have to be subjected to exaggerated measures that will undermine the wellbeing of the entire industry.

The following are ZENRA's admin thoughts about the law.

The most ironic aspect of the ‘New AV Law’ as it’s being called is the winners:  not the vocal anti-porn groups nor the politicians who voted on it.  The winners are both the underground domestic adult video industry (known as ‘Doujin JAV’) and uncensored JAV as both work well outside of the agency system mainstream JAV uses and what this law was made to apply to.  Adult video is too much a part of modern Japanese culture to vanish no matter what any proclaimers of doom/certain Human Rights Lawyers with potentially imaginary clients may tweet.  If mainstream agencies have to be tougher with their screening of new applicants, rejected women who want to do porn will eventually find a way to do it either via these Doujin/UC directors or on their own via the nascent adult creator outlets that even in Japan are becoming popular.

What neither anti-porn activists nor politicians can fathom is no, women are not being made to do porn.  They’re not being exploited.  They’re not even being scouted in any meaningful number.  A recent report noted almost all those who appear in JAV do so via applying to agencies, not the other way around.

Assuming all women in porn are victims is a viewpoint that is not compatible with feminism.  This is where at least I can understand old school Japanese politicians still passing a law on that premise makes sense.  Those who believe that women can do things men can do just as well (if not better) are doing a disservice to their gender by assuming any who spread their legs on camera are doing so because a big, bad man made them.  

Women do porn in Japan (and most likely elsewhere in the world) because it pays well and gives them power.  They’re treated like royalty on set and make more in a day in some cases than a regular job will pay them in a month.  And why is that?  Why is it nowadays starting salaries are so poor?  The anti-porn groups who promote ‘Human Rights’ should focus on social issues like ensuring the youth of Japan receive a realistic living wage upon adulthood.  If one is making enough to live happily, maybe that would lead to the type of society these groups want through natural means.  Attacking porn—a legal industry that in this author’s opinion nearly every single adult with a healthy libido makes use of at least once in awhile--is just smacking a low-hanging fruit again and again.  It’s not the cause of society’s ills, it’s for now at least the solution.