Paper short abstract:

In this presentation, by looking at a trial known as “Obscene comic trial” in Tokyo from 2004 to 2007, I want to discuss how a head-on collision between “freedom of expression” guaranteed by the constitution and “illegality” of an “obscene” manga was avoided for settlement.

Paper long abstract:

While manga has gained universal popularity now in Japan, some kinds of manga, especially so-called erotic manga or manga for adults, have also been criticized as "obscene" and "nocuous" for youths and have even been censored by the government. "Obscene comic trial" or "Shobunkan trial" named after the name of an adult manga publishing company in Tokyo drew wide public attention as the defendant, president of the company, fought for the freedom of expression up to the Supreme Court. Besides, it was anticipated that the judgement would influence the subsequent expression of manga in general significantly.

Many people including scholars, jurists, and cartoonists volunteered or were invited to testify for or against the prosecution. At the first trial, the defendant was sentenced to one year in prison suspended for 3 years. But at the appeal hearing, the punishment was significantly reduced to fines, although the defendant was still guilty for publishing an "obscene" comic book illegally. According to the lawyers, the significant reduction of punishment was a very rare case, so the trial was a substantial victory for the defendant, although he was not satisfied with the sentence.

By exclusively looking at pros and cons presented by notable testifiers as well as interviewing the defendant, lawyers and other related people, I want to see how the trial was concluded as such.