Japan to ban upskirting & capturing sexual acts without consent

The bill is expected to be passed in June 2023.

Fiona Tan | May 03, 2023, 04:10 PM

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Japan's lawmakers are set to introduce a bill against "photo voyeurism".

Upskirting and non-consensual photos and videos to be banned

The bill, which is a first of its kind, prohibits sexually exploitative photos or videos taken without consent.

Under the bill, acts like upskirting, secretly filming sexual acts, and taking, distribution and/ or possession of photographs of an individual's genitals without their consent will be banned.

It also criminalises the act of photographing people who have been unknowingly manipulated into sexual positions, and in particular, the filming of children "in a sexual manner without a justifiable reason", as child models in Japan are more often than not presented in a sexually provocative manner.

The photo voyeurism bill is expected to be passed in June 2023.

Those found guilty of violating the laws under the bill will face up to three years' jail or a fine of up to 3 million yen (S$29,457).

Spike in non-consensual photo taking

The bill comes in the wake of a spike in the number of local surreptitious photography cases, where a record 5,000 arrests were made in 2021, three times the number in 2010, BBC reported.

At present, most Japanese manufacturers have installed audible shutter sounds on their mobile devices to prevent secret filming.

However, the public is increasingly demanding for Japanese lawmakers to implement stronger laws criminalising acts facilitated by mobile phone photography.

Previously, such cases were prosecuted under local prefecture laws, which vary greatly in scope.

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