Regulation of Sexual Expression in Japan : Criminalisation of Non-Consensual Distribution of Private Sexual Images and Beyond

Sexually explicit images are regulated in Japan for different reasons. For example, obscene expression is prohibited to protect society’s minimum standards of sexual morality and ‘harmful books’ are regulated to preserve healthy environments for youth. In recent years, the non-consensual dissemination of sexual images has become a serious social problem, which disproportionately harms women in society. In response, Japan enacted the Act on Prevention of Damage Caused by Provision of Private Sexual Image Records to address this problem and protect the reputations and peaceful private lives (私生活の平穏) of victims. The Act represents a stark contrast to the traditional prohibition of sexual images intended to protect sexual morality or healthy environments in society. This article focuses on the regulation of sexually explicit images in Japan. First, it provides an overview of the history of the regulation of sexual images and explains how the problem of the non-consensual distribution of sexual images previously fell through the gaps of the legal scheme. It then examines the Private Sexual Images Act and the concept of sexual privacy protected by the Act. Finally, it discusses the controversial 2022 legislation that has challenged the country’s adult entertainment video industry