Legal issues with Fanservice and H-scenes

[Yang Sei Fu]

http://65.54.244.250/cgi-bin/linkrd?_la ... %3d1367751

Take a look at my discussion which basically covers the H-part regarding minor ANIME persons...with that in the way, it means one thing: Kanon cannot possibly be produced in Canada, because it involves scenes with minors (16).

Now...

What about the lesser degree - Fanservice? Just to be safe...
Minors caught with "Fanservice" can still get past the laws in Canada and US? Right? (The laws of the US and Canada are used because the game is produced in Canada.)

The fate of the North American Ren'ai type game industry is at stake here...folks.

[E-l337]

I see no article... just an inactive link thingy... umm, could you explain a little more about it??

[Yang Sei Fu]

I hate Hotmail.

Basically that thread has a similar name as this one. Under (general) North American Law, it is OK to distribute 18+ games with (potential) 18- characters from Japan, but it is illegal to produce 18+ games with (potential...) 18- characters...it's rather vague however, as no law is really covering this.

A good fellow from MT noted that someone in UK bought a book of explicit nature with drawings of a minor (18-) and was confiscated. Later it was returned and the delivery was completed, for the court decided that the law was there to protect REAL persons, not characters that are clearly FICTICIOUS.

[Kadius Dar]

I'm not going to lie, and say that I know the laws like the back of my hand, but I do know that in most cases with H-games, the characters ages are left as uknown. This, in essence, removes the minor from the game, yet keeps the character. No set age for a character is just a way around getting into trouble. I've seen this done with some bigger name companies that have released games here in the States.

For instance (even if there is no nudity) Tecmo's Dead or Alive Extreme Beach Volleyball 1 and 2. If you where to look in the manuals where it states the girl's names, likes, dislikes, ages, favorite colors and such, the age is left as "??". I've seen this in a couple H-games I've played as well.

However, don't take this as me saying that this is a way to 'legally' make a minor in a game that clearly isn't suitable for kids (and a few adults that come to mind). Just don't qoute me, as I don't know the laws to that degree.

Just a tought.

[Megaman Z]

The US legal system (assuming my memory is correct) is flip-flopping on this one, since I know that one time they said that fictional characters are protected by first amendment rights even if the fictional character in question was under 18 and engaging in perverse and/or sexual acts. unfortunately, a recent article showed that a US man was sentenced to 20 years jail time for viewing adult loli manga on a public computer with the notion that according to the lawmakers, "art is not [universally protected] free speech" and one person said that the PROTECT Act was explicitly made for the protection of imaginary children [which is WRONG] (said article, not entirely safe for work, is located here)

Unfortunately, the people applying the Miller Test (which had to be applied for the above person to be arrested and jailed) seem to have blatentedly ass-backwards ideas of what art is and is not. The PROTECT Act of 2003 has, among other effects, the following effect:

Prohibits drawings, sculptures, and pictures of such drawings and sculptures depicting minors in actions or situations that meet the Miller test of being obscene, OR are engaged in sex acts that are deemed to meet the same obscene condition. The law does not explicitly state that images of fictional beings who appear to be under 18 engaged in sexual acts that are not deemed to be obscene are rendered illegal in and of their own condition (illustration of sex of fictional minors).

incidentally, we can blame the act being signed into law on George W. Bush, but there's not much that would do.

so, yeah, the US is kinda screwy on this as well.

[Samu-kun]

If all else fails, go with:



About Kanon, I don't think it'd be illegal in any modern country, since it's not pornography. It's child pornography that's illegal and not underage sex in fiction.

And I don't think you'll really get in trouble at all with fan service. Just look at all the underage smut going on in national television.

[Kadius Dar]

And I don't think you'll really get in trouble at all with fan service. Just look at all the underage smut going on in national television.

Very good point on this one!

But yeah, your example is pretty much what I was saying in my first post on this. Only, they didn't put an actual age, just more or less left it blank.

[musushi-tamago]

I'm not so sure about how American laws would mind eroge. There have been quite a number of H-games translated by American companies(eroge such as True Love, etc.) and I don't think the law did anything to enforce an "illegal sexual activity with minors" offense. But nowadays, I'm not so sure anymore on how people would react to eroge if ever new ones are going to be obtained.

Though I think the companies did change the girls' ages to suit US and Canada laws.

As for fanservice, it shouldn't be a problem. There's a lot of dubbed/translated anime in the US/in Canada that involves fanservice with minors. So they should have perfectly no problem with it, I hope.