Sweden: Manga “Not Child Porn” After All

swedish-child-pornography-001.jpg

The Swedish Supreme Court has finally worked out that drawings are not people, and in a landmark case has acquitted a man convicted of possessing child pornography after the authorities found suggestive manga-themed imagery on his computer.

The case in question, previously covered in some detail, was that of a Swedish manga translator convicted of possessing child pornography after courts decided some of the artwork found on his PC depicted minors (a picture of two girls eating a banana, above, was one of the images authorities alleged constituted child pornography).

He disputed the ruling, but two lower courts upheld the guilty verdict, although his fine was lowered.

Eventually his case reached Sweden’s Supreme Court, and the judge there finally accepted his arguments that he needed the images as part of his job and that drawings should not be treated as child pornography:

“The criminalization of possession of the drawings would otherwise exceed what is necessary with regard to the purpose which has led to the restriction on freedom of expression and freedom of information.”

The Supreme Court insisted the images were pornographic representations of children all the same, but relented by conceding that as imaginary entities they were not in fact the same as real children.

However, they did insist one image was “sufficiently realistic” as to constitute child pornography (apparently contradicting the entire basis of their verdict in the process), but decided to acquit him for that one as well anyway.

The exonerated man later expressed his relief to the press:

“I’m obviously very relieved, in part because it makes life easier for me personally, but most of all I’m generally relieved for Sweden as a whole.

It would have been very hard for me to relate to Sweden as a country if it turned out to be a place that prohibited certain expressions of the imagination.”

Even his lawyer seemed happy with the court’s murky logic:

“It’s heartening that common sense has prevailed. The Supreme Court has an excellent way of cutting through the formalities and coming to the right conclusion. The ruling is very good in its entirety.”


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    Avatar of Adom Jensom
    Comment by Adom Jensom
    17:39 15/06/2012 # ! Quality (+0.8)

    Good work Sweeden. People should be free to draw and look at drawings of whatever they want. That's true freedom of speech.

    Avatar of Noodlestein
    Comment by Noodlestein
    17:51 15/06/2012 # ! Good (+0.6)

    But if a drawing should look too really, beware...
    This guy got lucky apparently, being acquitted, the next joe shmoe out there might not be so lucky.
    A drawing is a drawing, no matter what, in my opinion it is not a real person no matter how real it looks. just the same as videogame/animated characters will NEVER be "real" people as they don't actually fucking exist.

    Comment by Anonymous
    18:58 15/06/2012 # ! Good (+0.8)

    Drawing, 3DCG, whatever.... unless they can prove that it is a real child, they can GTFO.

    Actually, I'll be honest: I think that it's just time to declare pedosexuality and child pornography legal and move on.

    This is just the SAME EXACT BULLCRAP that we had with homosexuality, interracials, etc. years ago.

    Comment by Anonymous
    19:08 15/06/2012 # ! Good (+0.8)

    Exactly. If no one is getting hurt, than whats the problem?

    Comment by Anonymous
    19:48 15/06/2012 # ! Neutral (+0.2)

    legalizing pedosexuality and child pornography is a very bad idea.

    children (prepubescents) aren't able to understand the concept of sexuality, making them unable to give consent.

    on the other hand teenagers (pubescents and adolescents) are able to understand sexuality and thus are able to give consent.

    i think lowering the age of consent to about 13-14 is the right way to go, same with pornography.

    Avatar of Anonymous
    Comment by Anonymous
    20:33 15/06/2012 # ! Quality (+0.8)

    the day when you don't have to be afraid to have relationship with a girl without asking her age first.

    Comment by Anonymous

    Maybe should consider child pornography if the drawing are the Hiperrealistic one.

    Those things are just tracing shit from original.

    Comment by Anonymous
    02:30 18/06/2012 # ! Neutral (0)

    anon wrote
    "Maybe should consider child pornography if the drawing are the Hiperrealistic one.

    Those things are just tracing shit from original."

    Bullshit

    Should we progressively penalize increasing levels of artistic talent? skilled fine artists or "The Masters" (who can often produce art without a model) as:

    Bouguereau, Adolphe-William
    Child at Bath
    1886
    Oil on canvas

    or how about "realistic" 3D renderings like the Jurassic Park film dinosaurs (or equvalent human shaped figures) which are nothing more than wireframe lines wrapped with a wallpaper "skin" texture as 0s & 1s blipping photons from phosphors off a piece of glass (screen).

    Producing art from memory is not a "Thought Crime" either

    Comment by Anonymous
    11:19 18/06/2012 # ! Neutral (0)

    2D/3D show/manga/game should be uncensored/legal because of the following:

    There's a lot of anime out there that isn't hentai but ends up falling into the old censorship bullcrap because the character shows their stomach, panty, falls inlove with an older guy, adult-humor, ect.

    I've seen entire video-games hack and slashed to death because of stupid little things like a bath-tub or a leg. It doesn't even matter if the product is M-rated, it still gets censored. What point is it to censor M-rated stuff if it's going to be treated like E-rated "for everyone" friendly material inside M-rated title?

    That's what annoys me. When mature audience is treated as an unsavoury audience and the product gets put inside a tapped box. Not to mention pictures don't even have an "age" to them because it's the creator who makes the character, who draws the character, and places the plot and environment of the character. Paper is not born out of people's fronts like a real person is. Since when has anyone heard of anyone "give birth" to a physical piece of manga in a hospital?

    Paper drawings do not breath. They don't have life because they are lifeless, they are not born, they don't have feelings, they are not human because their not even alive to began with or real at all. But the creator is not respected regardless.

    If the creator draws a short character, says their "18" or whatever their still censored and told that that character is "this" because the "we say so" mentality. It severely limits artistic capabilities and freedom of speech and ends up criminalizing the creator or fans as if they did some horrible crime against humanity. And all that was done was a cartoon drawing on a piece of paper rated appropriately for audience.

    The creator isn't allowed to tell their fans the whole plot or story of their creation because now they've been severely limited. They cannot even express the personality of their own characters because of censoring.

    That's why FunAnimation was freaking out about DITVB when they first decided to release it. That's why NIS America is deciding to censor Mugen Souls now, That's why TERA was censored a year ago before it's NA release and was cruxified into "westernized" product.

    Now all the titles i've named above aren't even hentai titles at all (even ecchi at best), but their still censored. Why? Because fake 2D and 3D made up models are the devil's spawn.

    Comment by Anonymous
    11:34 18/06/2012 # ! Neutral (0)

    Look how gamespot just bombed out on a nice cutesy title like atelier meruru because the poor characters wore skirts. And that's one of the most tamed JRPG games around too.

    This is the type of very prudent, bullshit I find utterly Ridiculous.

    As for Hentai?

    Well why not. It's a form of expression yes, a very adult form of expression but still an expression nether-the-less. Still is a polygon or piece of paper someone out there made up. I may not like it, you may not like it, ect but I think people should have a choice of what entertainment product they want without just being given "No, you can't have it" and burned to a cross if they even mention "well why not it's just fake".

    Comment by Anonymous
    08:43 22/06/2012 # ! Neutral (0)

    State says videos of nude kids not illegal
    The FDLE finds that a Pasco nudist broke no law by selling videos of European beauty pageants featuring naked loli children.

    A state investigation has concluded a Land O'Lakes nudist who sold videos of naked elementary-age girls didn't break the law.
    Gov. Jeb Bush's office ordered an investigation of Zadanoff after U.S. Rep. Mark Foley, R-West Palm Beach, lambasted the 68-year-old nudist for peddling videos on the Internet of naked child beauty pageants shot in Europe.
    Law enforcement authorities recently reported back to Bush: Because they contain no sex, such videos are legal.
    "As much as we look at his activities with a little bit of disdain, there are no Florida statutes Mr. Zadanoff violated," said Rick Morera, spokesman for the state investigators' Tampa office.
    Foley himself called the videos, which feature full-frontal nudity, a "fix for pedophiles."
    Generally, the younger the girls, the more expensive the video. One 55-minute "junior miss" tape sold for $99.95. The sales caption read: "Judging based on beauty, personality, poise and grace. Resolution rating - GREAT."

    Little 11 year old Oskar in The Tin Drum or 11 year old Brooke Shields in Pretty Baby...

    Always been legal.

    Comment by Anonymous
    20:12 15/06/2012 # ! Drivel (-0.8)

    Yeah, I don't really get it.

    I don't think anyone can deny that manga is, in fact, child pornography, no matter how disconnected from reality it looks. The whole verdict seems a little confusing in that regard.

    They should really just separate works of fiction from non-fictitous materials and be done with it.

    Comment by Anonymous
    08:45 22/06/2012 # ! Neutral (0)

    But if a drawing should look too really, beware...

    Nope that is called ART with a capital "A"

    Mad Skills

    Comment by Anonymous
    20:05 15/06/2012 # ! Quality (+1.0)

    Actually, it's not freedom of speech at all. It's freedom of expression.

    Avatar of Shimazaki
    Comment by Shimazaki
    23:10 15/06/2012 # ! Neutral (0)

    Ok, lets feel free to imagine two underaged girls in a threesome with you.......or anyone else........what a way to have freedom of expression.

    Comment by Anonymous
    05:02 16/06/2012 # ! Neutral (0)

    AND BE KILLED AND STONED BY 75% OF US! SURE! YOU ARE 1 000s WE ARE MILLIONS! WHO WINS SHIT HEADS?

    Comment by Anonymous
    07:58 16/06/2012 # ! Neutral (+0.2)

    Some nukes can change the numbers really fast. Don't forget that's the world we live in.

    But worse than that, most people actually don't care about anything and will change their opinion completely after few years of mass media propaganda.

    Comment by Anonymous
    04:54 26/06/2012 # ! Neutral (0)

    Who is the 75%?

    A bunch of hypocrites who argue with their wives, slap people around, stare like dogs at the naked body of a woman, and generally disses any minority or anything not made mcdonald's way.

    Mhm let's just burn people to the cross because they drew a cartoon character with their undies showing.

    Idiots.

    Avatar of Adom Jensom
    Comment by Adom Jensom
    17:41 15/06/2012 # ! Neutral (0)

    Good job Sweden. At least there's one european country with the sense to know a drawing isn't a real child.

    Comment by Anonymous
    17:53 15/06/2012 # ! Neutral (0)

    You know, you can posess all the loli images you want in Germany. It's only forbidden to spread them.

    Comment by Anonymous
    19:37 15/06/2012 # ! Neutral (0)

    You still cannot legally obtain any fictional youth or child pornography. The only reason why possession wasn't illegalized along with acquisition and distribution is to not turn people who had cp into criminals the next day.

    Don't kid yourself, Germany is at least as bad as any other European country when it comes to censorship.

    Comment by Anonymous
    15:50 24/06/2012 # ! Neutral (0)

    You must be refering to XXX hardcore of under age 14 real people.

    Age 14+ sensual "Playboy" nudes such as Bravo magazine & age 14+ simulated sex Kama Sutra positions (Bravo website) are quite legal in Germany for decades.

    Including somewhat exploitative under 14 child nudist magazines as Jung und Frei.

    American femnazi encouraged legislation on possession was rebuffed in Germany because millions of German men of all ages own Studio Seventeen/Seventeen Magazine, Traci Lords, UK 16 year old pornstar materials. Shit even German Supermodel Claudia Schiffer dis a couple of legal XXX studio porn films when she was a struggling model at age 16.

    Blame femnazi Angela Merkel & her femnazi American & German carpet muncher allies for Germany getting idiot.

    Comment by Anonymous
    Comment by Anonymous
    18:07 15/06/2012 # ! Good (+0.6)

    You can win your case, yet still lose.

    *Job application comes in, HR staffer looks it over*

    "Simon Lundström... wasn't he that perv who got arrested for possessing child porn...?"

    *Simon's job application is thrown into the trash*

    Comment by Anonymous
    18:15 15/06/2012 # ! Neutral (0)

    1. Simon starts his own company
    2. Ballin everyday niggas

    Comment by Anonymous
    18:18 15/06/2012 # ! Good (+0.6)

    Sad but true.

    Comment by Anonymous
    18:59 15/06/2012 # ! Neutral (0)

    Luckily it is a fairly common name at least

    Comment by Anonymous
    22:55 15/06/2012 # ! Quality (+1.0)

    I'd imagine Swedish manga publishing houses will jump at the chance to hire the man as a translator. He is a hero for their industry after all.

    Also, I don't think the publishers he had contracts with terminated them. Didn't they even support him during all this?

    Comment by Anonymous
    16:01 24/06/2012 # ! Neutral (0)

    Tens of millions of Americans got Bart & Lisa Simpson Western "shota/loli" porn on their computer harddrive or memory cache.

    No one gets arrested for this let alone cleared - nothing to worry about.

    One or two people out of millions in a country = nothing to be concerned about.

    Equality Now scatterbrained scare tactic.

    Comment by Anonymous
    18:10 15/06/2012 # ! Quality (+1.0)

    Those drawings are as realistic as the assault accusations against Assange.

    Comment by Anonymous
    00:49 16/06/2012 # ! Neutral (0)

    Hey now, you will be hard-pressed to find a more solid banana in all of visual media!

    Comment by Anonymous
    05:01 16/06/2012 # ! Drivel (-1.0)

    TELL THAT TO THE KID WHO GOT RAPED SHIT HEAD!

    Comment by Anonymous
    06:11 16/06/2012 # ! Neutral (+0.2)

    No kid was raped in this case. So GTFO.

    Comment by Anonymous
    12:51 08/07/2012 # ! Neutral (0)

    Well that's Sweden down & only the UK to go (in The Western Hemisphere...

    Serious don't you UK'ers got Equal Protection under the Law or an "ACLU"? as a defense against selective prosecution in a Race Hatred UN "profililing" crime manner against Japanese Asians & their commercial publishing industry.

    Even the UK blinked (so they wouldn’t look like total Neanderthal Brownshirt Nazi “bonfire picture burning” art they don't approve of retards) and let the Western “Manga” by UK treasure Alan Moore of Watchmen fame & his Lost Girls illustrated & text “child porn” be sold & published just now in the UK. Contains sexually explicit "cartoons" Of Alice in Wonderland & Wendy etc down to age 10 & engaging in bestiality I'm told.

    Comment by Anonymous
    10:20 10/07/2012 # ! Neutral (0)

    Hey UK, since 90% of males are hetero, the Coroners & Justice Bill against "Dangerous Cartoons" is a profiling hate crime & gender discrimination & unequal treatment under the law as evidenced by it criminalizing male natural tendency toward youth & erotic visual material & visual needed stimulation compared to women & will subject men to arrests at 100X to 1000X the rate of womnen. This alone subjects all law officials to immediate civil rights lawsuits at all levels & jurisdictions by your ACLU types.

    Here's some legal ammo: Britain’s new National Treasure celebrated with all public fanfare & museum tours “The Warren Cup” the artifact recently purchased with the highest price (in millions) ever paid by the British Museum and fundraising groups for any ancient object.
    The 2000 year old Roman silver cup featuring on one side a 30 year old man hardcore ass fucking an 18 year old boy while an 8 year old boy watches them; and on the reverse side a 18 year old hardcore ass fucking a long haired 11 or 12 year old young boy slave (Roman boy slaves cut their long hair at 14 when they became a legal man). Wiki article.
    I guess it’s fine with UK femnazi Parliment because it’s the comparatively fully coddled Gay Right….
    and not a girl.. or a dick-girl for more or less Heterosexual males.

    Comment by Anonymous
    18:19 15/06/2012 # ! Good (+0.6)

    People are so fucking stupid. How in hell can a drawing depict child pr0n if the child-like characters don't fucking exist to begin with? *facepalm*

    Comment by Anonymous
    18:31 15/06/2012 # ! Neutral (+0.4)

    because government.

    Comment by Anonymous
    19:15 15/06/2012 # ! Good (+0.6)

    because of "moralistic" people, government or not.

    Avatar of PirateKing
    Comment by PirateKing
    19:49 15/06/2012 # ! Neutral (0)

    Make no mistake: It's because of nasty bitter Feminazidykes that want everybody else to be bitter as well.

    Comment by Anonymous
    20:21 15/06/2012 # ! Quality (+1.0)

    Because fearmongering is profitable. Scared people don't ask questions when you buy tens of thousands of cancer inducing props for the security theather.

    Or when you implement internet censorship and tracking because "think of the children".

    Comment by Anonymous
    03:23 18/06/2012 # ! Neutral (0)

    This, Just This.

    Our politicians in the Netherlands where pushing ACTA as an
    anti-child pornography measurement!

    why?
    because they can be sure that the majority of the population won't investigate what it's actually all about.

    Comment by Anonymous
    21:26 15/06/2012 # ! Quality (+1.0)

    cause fembot nazi groups

    Comment by Anonymous
    04:55 16/06/2012 # ! Neutral (+0.2)

    No, that's not it. Feminazi are like hemmoroids. They appear all over the place and they are a huge pain in the ass (see what I did there), but they are just a symptom of a larger problem.

    Comment by Anonymous
    07:31 16/06/2012 # ! Neutral (0)

    How the fuck does it make people inclined to rape kids cause of its influence?

    Comment by Anonymous
    18:45 15/06/2012 # ! Good (+0.8)

    lol of course its not.. its fucking art.. if you dont like it DONT LOOK AT IT!!

    Comment by Anonymous
    23:46 15/06/2012 # ! Neutral (0)

    Reminds me of the "controversial" statue Michelangelo's David.

    Avatar of Nano
    Comment by Nano
    18:48 15/06/2012 # ! Quality (+1.0)

    Oh no! Think of the exploited imaginary children!

    Comment by Anonymous
    20:22 15/06/2012 # ! Neutral (0)

    Isn't that how we got ourselves in this situation in the first place?

    Comment by Anonymous
    00:39 16/06/2012 # ! Quality (+1.0)

    The phrase "Think of the children!" has to be one of the most annoying and irrational arguments in existence. Me, I prefer to say "Let the children think!". Oh well, people are idiots.

    Comment by Anonymous

    Think of the children...when you fap at night.

    Comment by Anonymous

    Where the hell is my COMMENT\s !!!!

    Summary: I got loli ftw so go fuckyourselfs...

    Comment by Anonymous
    04:23 16/06/2012 # ! Neutral (0)

    "Think of the children" is a parody. It's not irrational to the slightest.

    Comment by Anonymous
    04:26 16/06/2012 # ! Good (+0.8)

    There are occasions when, yes, children need to be thought of. It's just that when it comes up in politics, 99% of the time it's an attempt to shut down rational thought in hopes that you'll approve something that's at best only superficially about helping children. (Usually, the primary purpose is controlling adults - if children benefit even slightly as a result, that's merely a bonus.)

    Comment by Anonymous
    19:38 24/06/2012 # ! Neutral (0)

    Apparently Loli Manga DOES think of the children...

    "...There is a startling statistic, inconvenient to the people who want to censor lolicon: the number of rape victims of elementary school age or younger, has dropped over the last 40 years to less than one-tenth of what it was in the peak year of 1965. The decline correlates with the gradual rise in sexual content in manga and other media, including the availability of "child pornography" in the late 80s through the early 2000s (when such material was not criminalized in Japan) and, of course, lolicon. Although one can't say that the availability of lolicon caused a decline in the rate of underage rape, anyone who argues that lolicon causes sex crimes is simply engaging in fantasy...."

    (Source for the decline in rape over 40 years: The Japan Times Online, June 12, 2010, quoting Yukari Fujimoto, an associate professor of Meiji University who studies girls manga and gender.)

    Equality Now, U Mad yet?

    Comment by Anonymous
    07:59 12/07/2012 # ! Neutral (0)

    Why is it always picking on the Japanese? Whether for 3D kiddie porn possesion or 2D Manga?

    Other White Western Nations "defacto" legalize by non-legislation or fully legalize possesion of 3D kiddie porn such as Czech Republic & Russia... World Powers even.
    If it is not a crime there, then it is not a morally a crime ANYWHERE.

    Pussy "White Racist" femnazis are cowards, afraid of the KGB & Russian Mafia & desperately fearful that other Nations under their heel (UK & USA etc) may find out that other White Western civilized Nations don't consider 3D kiddie porn a crime.

    The femnazis just want their social engineering hatred of male sexuality mind control brain washing to suceed.

    Yakuza & Otaku & Salarymen get some backbone!!! These White Racists & man despisers think you small Asians are weak!

    No reason to pick solely on Japan for "simple possesion" when Western White Nations are even more liberal in allowing 3D kiddie porn.

    Obviously outlawing possesion of 3D kiddie porn is a cruel & unusual punishment unconstitutional violation, as anyone can secretly be sent 3D kiddie porn imbedded in any unrelated download.

    As an ACLU member my ACLU lawyer comrades are planning to overturn all 3D & 2D anti-loli legislation as unconstitutional laws & sue law enforcement by name at all levels under all discriminatory Human Rights & will make the Oklahoma City Tin Drum fiasco look like nothing by comparison.

    So long anti-loli moralfags you lost.

    Comment by John Hayabusa
    05:33 16/06/2012 # ! Good (+0.4)

    Think of the lolis and shotas.

    I am glad that Sweden made the right decision. Maybe now, they will lift bans of some video games, like Dead or Alive.

    Comment by Anonymous
    07:34 16/06/2012 # ! Neutral (+0.2)

    There were never any ban on Dead or Alive, Bergsala the local Nintendo company panicked when some forum trolls said they would form a complaint with the police, the police looked at it and did nothing.
    A few company sell imports of DOA and it's sold via them, nothing has happened to these company's.

    Comment by Anonymous
    10:43 16/06/2012 # ! Neutral (0)

    Flanders wife on the Simpsons..

    Always says

    "WHAT ABOUT THE CHILDREN"

    When it does not apply..

    ANNOYING TO SAY THE LEAST.

    triti

    Comment by Anonymous
    18:35 16/06/2012 # ! Neutral (0)

    If it's not hurting anyone else then the "law" should just leave them alone. They should be focusing on actual threats to society.







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