One year has passed since the enactment of the AV Appearance Damage Prevention and Relief Law. The number of consultations regarding damage caused by AV performances received by PAPS during the past year was the largest ever (128 cases in FY2022) Since we do not know the overall picture of damage caused by AV performances, are these numbers too high or too low? Is it too few? We are unable to make a judgment. What we can say is that we hope that even one person will be saved.
It takes courage to confide in someone and ask for advice about the damage caused by pornography that you have been carrying around on your own. What can we do to help the suffering of each individual, and is the AV Victimization Prevention and Relief Law helping them or is it still insufficient? Staff members who provide counseling and support will answer these questions in a Q&A session.
Q : Please tell us about the characteristics of the consultations received by PAPS about damage caused by pornography.
One of the characteristics of consultations for victims of pornography is the difficulty in reporting the damage. In the case of victims of pornography, very few people come to consult with us before or immediately after being filmed. Most of them come to us one or two years after they appeared in porn or five to ten years ago.
Many of them start the conversation by saying, “I don't know if I can call myself a victim, but...,” “I was just curious, so...,” or “It was my fault, but.... I don't know if you can call it damage.
Q : Has the number of consultations changed since the AV Law was enacted?
In 2022, we received a record 128 consultations. I think this is partly due to the fact that many people became aware of the damage caused by pornography due to the various media reports around the time the law was enacted. We would like to spread the message that it is “OK to consult with us” about AV victims.
Since 2012, PAPS has provided consultation services to approximately 800 victims of pornography. Until now, there was no legal basis to prove that there was “damage” from appearing in porn, so all we could do was “ask” them to “turn it off. Now we are able to provide support on the basis of the law. This is a big change.
As a result of the law, the response of the police has completely changed. In the past, when I went to the police, they would say, “It can't be helped because you have already signed the contract (to perform in adult films). If I tell them that I want a female police officer to handle the case, they will sometimes do so.
Q : Please tell me specifically about the relief for victims under the AV Act.
We have several cases where we were able to achieve a suspension of sales. In most cases, there was no written contract, and we gave notice under Articles 4 and 15 of the AV Law, and were able to suspend sales on the basis of Article 15.
Article 4(2) of the AV Law applies to contracts made after the law came into effect, but there was a case of no contract in which the AV was shot before the AV Law came into effect and yet “only a verbal explanation was given and no written contract was exchanged,” and the sales of AV could be stopped because the right to demand an injunction under Article 15 could be exercised. Until now, there was no law clearly stating that a contract is invalid without a written contract, so there were many manufacturers and businesses that ignored our requests and refused to comply even after we sent them a notice but the situation has changed.
(Quoted from the Cabinet Office, Gender Equality, “AV Appearance Damage Prevention and Relief Law, Commentary on the Law,” p. 18)
Q : Are there any cases that have been made criminal by the AV Law?
According to a June 23, 2023 Jiji Press article, “There were 38 cases related to damage from appearances uncovered by police nationwide. The details are as follows.
From June of last year, when the AV Law came into effect, to March of this year, police nationwide uncovered 38 cases related to damage caused by the performance of pornographic videos. Of these, only two cases violated the AV Law, such as failure to deliver a contract, for which the Metropolitan Police Department arrested a company officer in December last year. The other cases involved the distribution of obscene materials under the Penal Code, violations of the Employment Security Law, and violations of the Revenge Pornography Prevention Law.
(Citation.)
Jiji Press, “One Year After Enforcement of AV Law, Two Cases Detected: Delay in Detection of Leakage, Time for Investigation - ‘Don't Hesitate to Consult’” (June 23, 2023)
Q : Since the implementation of the AV Law, have you experienced any obstacles to your support activities?
Since the enactment of the AV Law, slander, falsehoods, accusations based on uncertain or speculative information, and harassment of organizations and staff have become frequent, especially on the Internet. This is an extremely serious social problem because it impedes support for victims of sexual violence and relief activities for victims.
We believe it is necessary to take strict action to protect our counselors, staff, and this activity. We would like to take legal action in consultation with our lawyers and take appropriate measures such as filing a damage report with the police and filing criminal charges.
(Reference) Mail Magazine Vol. 126: “Response to Slander, etc., Against Our Organization
In the second part, “What is the consultation after the AV law comes into effect?” Is this law being followed?” I would like to share with you the actual situation that I have found in the course of responding to the consultations.
Read the second half of this article:
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