Kodansha is figuring out that using the kid in the photoshoot with Kasai Tomomi was a bad idea

KasaiTomomiChop2

Newsflash: using children in photoshoots with naked adults may be a bad idea.

Unfortunately for publisher Kodansha (Young Magazine), that realization came a bit too late, as the photo involving a kid holding AKB48‘s Kasai Tomomi‘s tittays is turning into quite a problem for them.

Monetary

One journalist expects Kodansha to suffer a substantial monetary loss. “With a circulation of 650,000 copies, losses in terms of printing, advertising, and subscription fees will be over 300 million yen,” says Masaaki Hiruma.

Legality

Masaru Wakasa, a lawyer and former deputy director of special investigations at the Tokyo District Public Prosecutor’s Office, says that under such statutes Kodansha is prohibited from harmfully influencing the mind and body of a child less 18 years of age through obscene acts. “In this case, a juvenile is touching the chest of an adult woman,” says Wakasa. “Kodansha did not judge this to be in violation of the law.”

The article notes that guilty verdicts for violating child welfare laws for obscenities carry a maximum prison term of 10 years and a fine of three million yen.

Shocking, who could have possibly thought that this might end up bad?

In fact, it’s moved beyond speculation, as police are now actively investigating the issue.

Tokyo Metropolitan Police interviewed staff members at publisher Kodansha regarding whether an erotic photograph of a member of pop group AKB48 constitutes ‘child pornography,’ reports the Sankei Shimbun (Jan. 18).

According to investigators, it must be determined whether the photo is real. “The act of (a child) touching a woman’s nipples (as in that photo) is prohibited by law,” investigators are quoted by the Sankei.

Investigators are reportedly taking into consideration the fact that the publication of the photo was scrapped, but are also looking at building a case against Kodansha. “In comparison to Japan, penalties in Europe for using a young boy in child pornography are more severe,” the Sankei quotes the investigative team. “We are taking into account that this could be a problem at an international level.”

The article notes that in Japan a guilty verdict for violating child pornography laws carries a maximum sentence of five years in prison and a fine of five million yen.

So yeah, probably just not a solid decision all the way around. I would be surprised if anything substantial comes of this (jail time), but a fine would seem to be likely.

Either way, if she did this for attention, I don’t think this is the type of attention Kasai Tomomi wanted, because it’s not scandalous as much as it is … uh … illegal? Look, whenever your name is connected with child pornography, any publicity gained from that isn’t going to be a net positive, put it that way.

19 comments

  1. “…harmfully influencing the mind and body…”

    Well, I can speak on behalf on all men on this planet by saying that no male of any age has ever been harmed in any way by touching a hot woman’s breasts.

    If the genders were reversed here, I’d have a problem with it.

    But it’s different with guys. We love boobs no matter what the age. So, given this specific instance, a lot of fuss over nothing. I understand the legal issue here, but it’s a mis-application of the law, IMO.

    • yup. Slap on the wrist is all this really merits…

    • They seem most concerned about how this will be seen internationally, I think.

    • No, this is a proper application of child pornography laws. Just because teenage boys are horny and desperate doesn’t mean child pornography should only apply to young girls. Whether or not the underaged party is a willing participant is completely irrelevent to statutory rape, that’s why it’s called statutory. Whether or not there is emotional damage done, public acceptance of sexual acts with underaged persons is unacceptable. Your double standard is bullshit.

      • “But officer, that 8 year old girl wanted to grope my dick for a photograph.”

        girls aren’t disinterested in sex you know, especially around puberty. it still doesn’t make it okay for an adult to take advantage of that situation. and it’s not just because they’re girls.

        • Not disagreeing with that specific example. I said I wouldn’t be okay with it if the genders were reversed. There are plenty of examples of females that were emotionally traumatized as a result of that sort of situation. Not to mention it is FAR easier for a male to rape a female than a female to rape a male. So, I’m perfectly okay with the law being generally applied there.

          On the other hand – can you find me any examples of guys that were traumatized by touching a woman’s breasts? Good luck with that.

          Just because the law technically applies to this sort of thing does not make it just. Laws can be over-reaching and are routinely applied to situations that they shouldn’t be applied to.

          Technically, if a teenage girl texts a nude photo of herself to her teenage boyfriend, under existing laws he should be charged with possession of child pornography and be labeled a sex offender for life. I assume you’re okay with that “because it’s the law”, right?

          In this case, do you REALLY believe the kid in that photo was emotionally or physically harmed in any way by that photo? Calling it a “sexual act” is a stretch, anyways. We’re not talking about a kid having sex with this woman. We’re talking about a photo with a kid’s hands over some breasts.

          What sort of punishment do you recommend anyways, seeing as that you view this as such a crime? 10 years in jail?

          What was the punishment for the photographer who took this picture (which could be argued to be far more sexual)?:

          http://blogs-images.forbes.com/jeffbercovici/files/2012/05/time-cover-breastfeeding.jpg

          It is okay because that’s his mom? What if it were his dad instead? Would it be okay then? Can’t apply a double standard, right?

          • As far as the double standard goes, we’ll really never know about any trauma on the male in the reverse scenario because society brushes it off and doesn’t care.

            Female teachers fucking their students is a story like every other month now, but nobody cares about the student, they only want to talk about the teacher, because everybody assumes the male student is fine.

            I wouldn’t know, but I would be surprised if a psychologist says everything would be normal with a male’s brain from that point forward as opposed to a female.

          • Bad example. We’re talking about a photo of a kid with his hands over some woman’s breasts. We’re not talking about fucking.

            I’m fine with the law as it stands. It’s the application of it in specific instances that I have a problem with.

            Do you really think that this photo should be labeled “child pornography” and lumped in with REAL child abuse? I don’t. A fine at worst is all this should warrant.

            As far as your mention of the double standard with the male high school student and the hot female teacher – I disagree that society “brushes it off”. The woman in those scenarios is usually labeled a child molester by the media, loses her job, and is thrown in jail. If anyone brushes it off and jokes about it, it’s guys – because they feel from their own perspective that there was no actual harm done to the “victim”.

            And as far as this actual photo goes – it’s clear that it’s not being “brushed off” – I’ve seen this photo mentioned even by the western media. And the article you quoted is mentioning possible 10-year prison sentences.

            And don’t speculate on the psychologist stuff unless you have a specific study that shows the psychological harm done to males from touching female breasts. Because that’s all we’re talking about here.

            And even if you did find something – as far as harm done to children goes, there are a million other things (all perfectly legal) that parents do to their children every day that are far more psychologically and physically harmful to them than something like this could ever be that we just brush off as a society.

          • 1) No, it’s a perfect example of a double standard, which is what I addressed in my comment.

            2) Did I say it should be labeled child porn? No. Again, what the fuck are you talking about and writing essays for? Somebody touch you as a kid? What the fuck?

            3) So you disagree that society brushes it off and admit in the same paragraph that society brushes it off. Sure, they lose their jobs and what not, but they aren’t looked at as disgusting perverts that need to be cast out from society like they would be if they were men. It’s not even close.

            4) That’s the maximum sentence and I highly doubt it gets to that point.

            5) Uh, we’ve been talking about psychological effects from the start, even if it wasn’t worded like that. Look at your comment that started this whole thread, it involves a psychological assertion with no backing, yet you’re now telling me I’m not allowed to speculate without studies? Please.

            —–

            In conclusion, I have no idea what the fuck you are even arguing anymore. Seems like this touched a nerve for some reason and you’re ranting about it.

            You get put on a sex offender watch list or something?

          • Wow – you’re the one getting overly emotional about this. Asking me if I was molested as a kid and then following it up by asking me if I’m on a sex offender watch list? Seriously?

            I’m not even going to address your last comment because I’ll just get another hot-headed response. Seriously – calm the fuck down.

  2. I adore Tomomi — but this was pretty dumb, so: http://www.youtube.com/watch?v=kGGViLwHEUk

  3. TheProphetBlog

    Not surprised that this pedo stunt has come out of AKB48. I love them but they need to tone down the pedophilia shit, even if it means nobody will buy the group’s records anymore.

    • This is the other way around though.

      And honestly, all idols are trained to appeal to that in one way or another, just depends on whether people want to admit it directly or indirectly.

      :o

    • Their spin off group Nogizaka46 do no gravure at all and their last single sell like 200k or something. Momoclo don’t do gravure too and they’re pretty popular. I don’t think AKB at their status would really drop that much but it’s something they have been doing for yrs anyway so management probably don’t see why they should stop.

      Well Kasai’s career was already dead because of the Asahi thing anyway…tho I’m surprise it can actually do worst….

  4. If he is touching pasties instead of nipples will it still be illegal?

  5. I’m more surprised that they didn’t have some kind of advance warning they were going to get in trouble or emergency plan for if they did — i.e. when kpop dances that are ‘too sexy for the censors’ get banned the group always miraculously has a different move learned by the end of the day. I would think if I were putting boobs and a small child on the cover of a book I was relying on to sell big, I’d either have checked and double-checked and bribed my way to not getting in trouble, or I’d have giant red ‘censored cover’ stickers ready to go at a moment’s notice.

    Or I’d put Creepy Woody on the cover, because that was hilarious and fuck my hypothetical photo-book porn job anyway.

  6. mybiasbeatsyourbias

    On an international level we know the Japanese tend to be perverts, who isn’t? Personally I am not seeing the artistic importance of a young boy holding a grown woman’s boobies. To be on the kid side he gets to touch titties not of his mommy. On the legal side its a bit to much and inappropriate. On the parents side he did get paid to do this so…..
    http://media.tumblr.com/tumblr_lws621pY1y1qht847.gif

Scroll To Top