crime

Man gets suspended sentence in 1st trial over revenge porn

18 Comments

The Fukushima District Court on Monday sentenced a 33-year-old man to 18 months in prison, suspended for three years, for distributing naked photos of a female friend -- a practice known as revenge porn.

It was the first trial involving revenge porn in Japan.

The court heard that the defendant, Shinya Miyata, distributed 130 porn photos of a female acquaintance to an indeterminate number of people while in a parking lot of a shopping center in Koriyama City in January, TV Fukushima reported.

Miyata told police he took the photos using his digital camera, and then circulated them because he had a grudge against the woman.

Last November, the Diet enacted a law criminalising "revenge porn", which has become a growing problem of the Internet age.

Under the law, people who distribute revenge porn -- compromising pictures or videos of former partners -- face up to three years in prison or a fine of up to 500,000 yen.

The legislation was crafted following a high-profile stalking-murder case in 2013 in Tokyo, in which a man harassed his former girlfriend by posting images of her online.

The law allows Internet service providers to delete suspected revenge porn images without the uploader's consent, if the images are still there two days after a complaint is made.

Last year, police charged 318 people over instances of revenge porn in which victims aged 18 or under were involved, up 34% from the previous year, according to the National Police Agency (NPA).

An NPA official said the spread of smartphones has played a part in the increased instances of the crime.

© Japan Today/AFP

©2019 GPlusMedia Inc.

18 Comments
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"Revenge porn" is such an unnecessarily narrow classification upon which to make a law. This should be labeled under "invasion of privacy" and invasions of privacy should come with stiff criminal sentences. That would cover not only putting up naked and sex pictures on the net without permission, but also filming without permission, hacking and taking images without permission, distributing or showing said images without permission (thus netting the third party bullies), etc., and of course it should cover more than just sex and nudity.

Consent is the true issue here, and as far as I am concerned, consent should be a major pillar of law and legal proceedings. There are times when its just plain obvious you don't have and would never gain consent.

7 ( +9 / -2 )

for distributing naked photos of a female friend

distributed 130 porn photos of a female acquaintance

Friend, acquaintance or ex-lover? Why would a friend or acquaintance take naked photos?

2 ( +3 / -1 )

Good thing they made this new lip-service law!

"An NPA official said the spread of smartphones has played a part in the increased instances of the crime."

Geez... let's blame smartphones again for everything. It's not society, not the people, it's the smartphones. Certainly couldn't be gara-kei with cameras!

-2 ( +5 / -7 )

Friend, acquaintance or ex-lover? Why would a friend or acquaintance take naked photos?

Indeed, and why take 130 of them? Presumably they were taken to help him out when she wasn't around... seems excessive.

2 ( +2 / -0 )

Many other countries have also recently enacted "revenge porn" laws.

Yes, keitai too a large degree are used as is it easy to take a Shot and share it via SNS.

0 ( +0 / -0 )

It"S ME: "Yes, keitai too a large degree are used as is it easy to take a Shot and share it via SNS."

So say "keitai", not "smartphones". People seem to think society's problems began only a few years back when Apple produced the first smartphone. None existed with gara-kei at all.

-2 ( +2 / -4 )

My question, which the article doesn't answer, is why was the 18 month prison sentence suspended for 3 years. In other words, what was the reason for the leniency? It would seem to be a natural question that the writer should try to address.

0 ( +1 / -1 )

Smith

Some gara-kei had cameras, but a lot of people also use camera designed for video chat to do the recording or download from a digital camera.

Lots of options now available.

Personally wondering why people want to record their sexual exploits but than many teens now share nude pictures of themselves with friends.

0 ( +0 / -0 )

"filming without consent" is WAY too broad for any country... especially one like Japan where laws are loosely enforced, and abused at the police's discretion. Some prefectures are implementing "nuissance laws" that do just this (on paper anyway) but also go against the theory that a person has zero right to privacy in public, which they don't. I'm all for enforcing laws against hacking, photographing people in private, etc., but Japan has proven too many times their judicial system is a joke.

1 ( +2 / -1 )

Another suspended sentence. Does anyone ever serve jail time in Japan?

2 ( +2 / -0 )

@It's ME

Personally wondering why people want to record their sexual exploits

Do you have hobbies? Do you ever photograph or video yourself partaking in your hobbies? For many people, casual sex is a hobby. Taking pictures of your partners is like posing with a big tuna that you caught while deep-sea fishing.

2 ( +2 / -0 )

Quote: Under the law, people who distribute revenge porn—compromising pictures or videos of former partners—face up to three years in prison or a fine of up to 500,000 yen. The legislation was crafted following a high-profile stalking-murder case in 2013 in Tokyo, in which a man harassed his former girlfriend by posting images of her online.

Sorry, but 'crafted' is the very last word I would use here. Bodged/slapped together, sounds more appropriate.

I would like to say "Throw the book at this guy!", but if there is nothing serious in the book...

0 ( +0 / -0 )

So there's no punishment if found guilty of revenge porn, right?

0 ( +0 / -0 )

This should be labeled under "invasion of privacy" and invasions of privacy should come with stiff criminal sentences.

If the subject of the photos agreed to the photos being taken, your "invasion of privacy" theory completely falls apart. That's probably why they didn't go in that direction with the law. Most of these revenge porn situations are between former sex partners and not voyeurs.

Geez... let's blame smartphones again for everything. It's not society, not the people, it's the smartphones. Certainly couldn't be gara-kei with cameras!

All the official said was that smartphones had played a part in the increased instances of the crime. He didn't say smartphones were the CAUSE of the crime. Time to back your horse down a bit, Tex.

So say "keitai", not "smartphones". People seem to think society's problems began only a few years back when Apple produced the first smartphone. None existed with gara-kei at all.

Try and spin it all you want, but smartphones make it 100 times easier to take photos and distribute them over the internet with the click of a single soft-key than previous cellphones did. Couple this with the fact that the percentage of non-smartphone users has shrunk to such an absurdly small number that there is no reason someone should acknowledge that extreme minority when discussing cellphones. They are the modern-day Luddites and my dad is a proud member.

1 ( +1 / -0 )

The court heard that the defendant, Shinya Miyata, distributed 130 porn photos of a female acquaintance to an indeterminate number of people while in a parking lot of a shopping center in Koriyama City

He did that and only got suspended sentence?

1 ( +1 / -0 )

I wonder what would have happened if the suspect was gaijin.

0 ( +0 / -0 )

Strangely, how they classified an invasion of privacy as "Revenge Porn"??? this term is so misleading that it is already suggesting to the audience that the victim played happily and willingly for her pictures to be taken immorally...... since Japan is famous for online porn, the terminology of "Revenge Porn" is conveniently used, implicating the victims in itself...

what a rapidly changing and convenient-thinking society we are in nowadays??? Soon, a raped victim can be classified as raped lurer..... or porn lurer....god knows!!!!!

0 ( +0 / -0 )

this term is so misleading that it is already suggesting to the audience that the victim played happily and willingly for her pictures to be taken immorally

But that's exactly what it is. The law is to charge people who post pictures/videos that were taken with consent, but without consent given to put the pictures/video online.

0 ( +0 / -0 )

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