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UNCLAS SECTION 01 OF 11 TOKYO 000665 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR E, P, EB, EAP/J, EAP/P, EAP/PD, PA; 
WHITE HOUSE/NSC/NEC; JUSTICE FOR STU CHEMTOB IN ANTI-TRUST DIVISION; 
TREASURY/OASIA/IMI/JAPAN; DEPT PASS USTR/PUBLIC AFFAIRS OFFICE; 
SECDEF FOR JCS-J-5/JAPAN, 
DASD/ISA/EAPR/JAPAN; DEPT PASS ELECTRONICALLY TO USDA 
FAS/ITP FOR SCHROETER; PACOM HONOLULU FOR PUBLIC DIPLOMACY ADVISOR; 
CINCPAC FLT/PA/ COMNAVFORJAPAN/PA. 
 
E.O. 12958: N/A 
TAGS: OIIP KMDR KPAO PGOV PINR ECON ELAB JA
 
SUBJECT:  DAILY SUMMARY OF JAPANESE PRESS 03/12/08 
 
INDEX: 
 
(1) Scope column: Divided Diet affects process for selection of new 
BOJ president; Consensus-building efforts failed with absence of 
go-between (Tokyo Shimbun) 
 
(2) Editorial: DPJ's reason for opposing government's nomination of 
new BOJ governor incomprehensible (Asahi) 
 
(3) Bill amending AML adopted at cabinet meeting: Priority given to 
protection of consumers, small- and medium-businesses; 
Administrative surcharge to be imposed on false labeling; Judiciary 
system likely to be revised (Nikkei) 
 
(4) Taro Aso preparing to seek LDP presidency, focusing on 
presidential race before Lower House election (Asahi) 
 
(5) Future-oriented Japan-South Korea relations: Historical issues 
should be managed with both sides taking responsibility (Yomiuri) 
 
(6) Calls growing for criminalizing individual possession of child 
pornography; Demand in "major child pornography exporter" must be 
cut off (Tokyo Shimbun) 
 
ARTICLES: 
 
(1) Scope column: Divided Diet affects process for selection of new 
BOJ president; Consensus-building efforts failed with absence of 
go-between 
 
TOKYO SHIMBUN (Page 2) (Full) 
March 7, 2008 
 
Current Bank of Japan (BOJ) Governor Toshihiko Fukui's tenure of 
office is to expire on March 19. Buffeted by the escalated 
confrontation particularly over the question of what to do about the 
provisional tax rate for gasoline between the ruling and opposition 
camps in the divided Diet, the government will today come up with a 
successor candidate to Fukui in the Diet. The recent movements of 
the ruling and opposition camps over the question of who will 
succeed Fukui has made clear the absence of a go-between to bridge 
both sides. The Tokyo Shimbun's news gathering team probes into 
overtures between the ruling Liberal Democratic Party (LDP) and the 
major opposition Democratic Party of Japan (DPJ) regarding the 
question of a successor to Fukui. 
 
"I have no idea about dynamics working in the DPJ. That's why I 
can't proceed with the personnel selection process." This complaint 
was voiced by a high-level government official at the end of 
January. 
 
In order to deal with the question of who will succeed Fukui, the 
LDP continued efforts since the start of the year to look for the 
best person in the DPJ to negotiate with. In mid-January, a senior 
LDP officer revealed: "We've asked the Prime Minister's Official 
Residence (Kantei) to tell us who is responsible in the DPJ for the 
decision-making process." 
 
The LDP in the end began overtures with the DPJ with the two 
parties' Diet policy chiefs taking the lead. This means that the LDP 
failed to find who was directly linked to DPJ President Ichiro 
Ozawa, and that it had no choice but to use the regular 
 
TOKYO 00000665  002 OF 011 
 
 
communication channels for negotiations with the DPJ. 
 
On Feb. 7, LDP Secretary General Bunmei Ibuki called on Prime 
Minister Yasuo Fukuda at Kantei and told Fukuda: "The question of 
who will succeed Fukui is a matter requiring endorsement from both 
houses of the Diet. I think it is better to put the matter in the 
hands of the Diet policy chief. I'd like the prime minister to wait 
and see how the situation will unfold." LDP Diet Affairs Committee 
Chair Tadamori Oshima met with his DPJ counterpart Kenji Yamaoka in 
the Diet and the two policy chiefs entered consultations on a 
successor issue. 
 
On Feb. 14, Ibuki and Oshima met with Yamaoka at a hotel in Tokyo 
and on Feb. 21, the three again met at a restaurant in Yokohama 
City. The two LDP officers conveyed to Yamaoka as their favorite 
candidate for a successor to Fukui Deputy BOJ Governor Toshiro Muto 
and noted that Muto is hard to replace. But Yamaoka did not give the 
nod to the candidate shown by them. 
 
On Feb. 26, Ibuki made this comment eventually: "The matter requires 
endorsement from both chambers of the Diet. Informal negotiations 
are put in the hands of lawmakers, but it is not the Diet's job but 
the government's job to name a candidate in the final phase." Ibuki 
thus retreated from the frontline of overtures, even though he at 
one point declared he would finalize the matter, but he has now left 
it to the prime minister's decision. This movement eloquently speaks 
of confusion in the government and the ruling camp. 
 
Meanwhile, in the DPJ, one senior member was ready to accept the 
government's proposal by saying, "If our president decides to 
endorse the selection of Mr. Muto as a new BOJ governor, I will then 
persuade reluctant members in the party." But Ozawa's real 
intentions were not easily known to every member in the party. 
 
It was March 1, when Ozawa made clear his position toward the 
selection of a new BOJ governor at a news conference the day after 
the ruling bloc railroaded the fiscal 2008 budget bill in the Lower 
House. Ozawa said, "Our relationship with the ruling bloc has 
collapsed." Hearing of this remark, a senior DPJ member believed 
that Ozawa's remark implied that Mr. Muto was out. 
 
Negotiations between the LDP and the DPJ reached a deadlock. Seeing 
that, a Kantei official revealed, "The DPJ is now out of control." 
In the meantime, one senior DPJ member grumbled: "(Neither the 
government nor the ruling bloc) has the ball." While both sides were 
increasingly becoming distrustful of each other, the time limit 
expired. 
 
It is an unprecedented situation that the government will suggest a 
candidate for a government office post that requires endorsement 
from both chambers of the Diet without formally sounding out the 
opposition bloc about the candidate. 
 
(2) Editorial: DPJ's reason for opposing government's nomination of 
new BOJ governor incomprehensible 
 
ASAHI (Page 3) (Full) 
March 12, 2008 
 
The Democratic Party of Japan has decided to oppose the government's 
nomination of Bank of Japan Deputy Governor Toshiro Muto for the 
central bank's governorship, which is now drawing much attention. 
 
TOKYO 00000665  003 OF 011 
 
 
 
The outlook is that the nomination of Muto will be rejected in 
today's plenary session of the House of Councillors because other 
opposition parties have decided to side with the DPJ. The term of 
current BOJ Governor Toshiro Fukui will expire on March 19. Even 
though, the government has yet to decide the successor to Fukui. The 
unprecedented situation will occur, anyway. 
 
We urged the DPJ to give special consideration to the selection of a 
new BOJ governor from a comprehensive standpoint. It is regrettable 
that the largest opposition party made the decision immediately 
after Muto (and two candidates for the deputy governor posts) had 
given their opinions to lawmakers. 
 
The biggest reason for the DPJ's objection appears that Muto was a 
former vice finance minister. 
 
In order to manage Japan's monetary policy, the BOJ governor is 
required to have strong independence from financial authorities and 
the ruling parties. The DPJ thinks that Muto has an inherent 
tendency to hinder the principal of separation of fiscal and 
monetary policies. 
 
The DPJ has criticized Muto for supporting the ultra-low interest 
rate policy as deputy governor. The DPJ probably wants to say that 
the low interest rate policy brought about the heavy burden on 
consumers by depriving depositors of interest income, while creating 
an environment advantageous to financial institutions then suffering 
from nonperforming loans. 
 
It is understandable that an opposition party would be against the 
selection of a new BOJ governor who is against its policy. 
 
However, the issue involves the question of who should be chosen as 
the chief of Japan's monetary policy. We don't think the DPJ's 
reason for rejecting Muto is convincing. 
 
Muto told lawmakers in a clear manner that he would ensure the 
independence of the central bank. Muto did not say or do anything 
during his tenure as deputy governor for five years that make us 
question his credentials. We think that the monetary policy taken 
under current Governor Fukui was basically inevitable in order to 
stop the deflationary trend. 
 
Moreover, what is incomprehensible is the DPJ's motive to try to box 
Prime Minister Yasuo Fukuda into a corner with its opposition to his 
government's nominees. 
 
If the DPJ insists on having its way, it might become spattered by 
the blood of its victim. Looking at the unstable economic situation 
of a chain of strong yen and low stock prices, the stalemate in the 
selection of a new BOJ governor will create a negative impact. If 
the governor's post becomes vacant, both the prime minister and the 
DPJ would be blamed. 
 
We think many people expect the opposition to come up with a 
convincing plan to revise the government-drafted bill to retain the 
provisional gasoline tax and revenue sources for road construction. 
 
Many people may think that the DPJ should display its presence in a 
debate with the government and ruling coalition in the Upper House, 
where the largest opposition party is in control. 
 
TOKYO 00000665  004 OF 011 
 
 
 
It is time for the DPJ to reconsider whether it should continue to 
just confront the Fukuda government. 
 
(3) Bill amending AML adopted at cabinet meeting: Priority given to 
protection of consumers, small- and medium-businesses; 
Administrative surcharge to be imposed on false labeling; Judiciary 
system likely to be revised 
 
NIKKEI (Page 3) (Full) 
March 12, 2008 
 
The government adopted at a cabinet meeting yesterday a bill 
amending the Anti-Monopoly Law (AML) featuring the incorporation of 
new penalties, such as an increase in administrative surcharges 
imposed on companies that played a leading role in bid-rigging or 
cartels. The amendment focuses on the protection of consumers and 
small- and medium-size businesses.  As part of such a stance, 
misleading representation of commercial goods intended to deceive 
consumers with false advertisements and the abuse of dominant 
position, meaning leading companies forcing disadvantageous business 
transactions on their subcontractors, will also become subject to 
antimonopoly surcharges. Some industrial sources are unhappy with 
the amendment with one source noting that standards for determining 
unfair business practices subject to surcharges are unclear. 
 
When the law was revised in 2006, the level of surcharges was 
revised. As a result, a surcharge imposed on major manufacturers was 
raised from the 6 PERCENT  of sales made from unfair business 
practices to 10 PERCENT . A surcharge reduction system applied to 
companies that admitted to unfair business practices will also be 
introduced. Regulations intended to deter unfair business practices 
with the imposition of antimonopoly surcharges will be incorporated 
in the amendment. 
 
A surcharge imposed on companies that played a leading role in 
bid-rigging or cartels will be raised 50 PERCENT  from the current 
level. A surcharge imposed on a major manufacturer that played a 
leading role in unfair business practices will be 15 PERCENT  of 
sales made from such practices. The limitation period for the 
imposition of surcharges will be extended from the current three 
years to five years, starting from the day when the Fair Trade 
Commission (FTC) penalized offending companies. 
 
The surcharge reduction system will be improved. At present, the 
first three companies that voluntarily admitted to unfair trade 
practices before the FTC launches investigation are eligible for the 
system. However, under the revised law, the number of such companies 
will be increased to five, and it will become possible to apply the 
system after the FTC started investigation. Punishment on a company 
that coordinated unfair trade practices will be toughened. On the 
other hand, more efforts will be made to constrain unfair trade 
practices and collect more information by increasing the number of 
companies eligible for the surcharge reduction system. 
 
The scope of unfair business practices subject to antimonopoly 
surcharges will be extended from bid-rigging and cartels. A 
surcharge of 3 PERCENT  of sales made from unfair business practices 
will be imposed on companies that engaged in unfair labeling. 
Manufacturing companies that engaged in exclusion-type private 
monopoly of excluding competitors from the market will be subject to 
a surcharge of 6 PERCENT  of sales made by unfair trade practices. A 
 
TOKYO 00000665  005 OF 011 
 
 
surcharge of 3 PERCENT  of sales from unfair trade practices will be 
imposed on companies that repeatedly carried out dumping, and 1 
PERCENT  of the trading amount among companies will be levied on 
leading companies that abused their dominant position. 
 
The Fukuda administration's policy of protecting consumers and 
small- and medium-sized businesses is clearly reflected in the 
strengthened punishments. The metal mold industry, where 90 PERCENT 
of companies are small- or medium-sized enterprises, is welcoming 
the amendment. Chairman Katsuhiro Ueda (president of Ogaki 
Precision) of the Japan Dies Mold Industry Association said, "Major 
companies will become careful in trading with subcontractors. The 
toughened punishment could serve as deterrence against their 
subcontractor-bullying to some extent." 
 
The FTC has warned the cell-phone industry twice that their 
advertisements on cell-phone rates fall under misleading 
representation. False labeling will be subject to an antimonopoly 
surcharge under the amended law. 
 
Leading companies are unhappy with the strengthened regulations. An 
executive of a certain leading general construction company urged 
the FTC: "It is difficult to define dumping. It is a matter of first 
consideration to set a uniform standard, for instance, a tender 
price a certain set  PERCENT  lower than an estimated price falls 
under dumping." 
 
However, whether the bill is passed as proposed by the government is 
unclear. The point of dispute is whether or not to scrap the 
judiciary system under which the FTC itself decides whether 
complaints filed by defending companies that are unhappy with the 
administrative punishment handed down by the FTC is appropriate. The 
bill notes in a supplementary provision that the propriety of the 
system will be considered within fiscal 2008 and necessary measures 
will be taken. However, with the Democratic Party of Japan (DPJ or 
Minshuto) looking into the possibility of submitting a 
counterproposal incorporating a call for the total abolition of the 
judiciary system, the amendment could be subject to a revision. 
 
(4) Taro Aso preparing to seek LDP presidency, focusing on 
presidential race before Lower House election 
 
ASAHI (Page 4) (Full) 
March 7, 2008 
 
On the morning of March 6 in a Washington hotel, Taro Aso, a former 
foreign minister and former secretary general of the Liberal 
Democratic Party, delivered a keynote speech at a symposium on 
maritime security and Japan-U.S. alliance. In it, Aso said: 
 
"I was always accompanied by security police from 2001 (until last 
October). I expected that I would be able to have a lot of free time 
to play golf after I stepped down from a post required SP last 
October, but I have now stumped nationwide to support election 
candidates." 
 
Aso has run in the three past LDP presidential elections. He showed 
off his personal network with U.S. Republicans by visiting 
Washington before each election as a cabinet minister. This time 
around, he has currently no government position. U.S. Democratic 
Party-affiliated experts also joined the symposium. With an eye on 
his fourth attempt to capture the LDP presidency, Aso has been 
 
TOKYO 00000665  006 OF 011 
 
 
trying to strengthen his political footing. 
 
Some LDP lawmakers are concerned about whether their party can fight 
the next House of Representatives election under Prime Minister 
Yasuo Fukuda. As the Fukuda cabinet's support rating has remained 
low, views calling on Fukuda to step down as prime minister after 
the Group of Eight summit in Hokkaido in July are simmering in the 
LDP. The strategy is that the next Lower House election should be 
held after the party draws attention to its presidential race by 
carrying it out before the expiration of presidential term in 
September next year. 
 
Aso thinks that the presidential race should take place before the 
Lower House is dissolved. In a meeting on Jan. 23 with Tsuneo 
Watanabe, the chairman of Yomiuri Shimbun Holdings who tried to 
arrange a grand coalition between the LDP and main opposition 
Democratic Party of Japan (DPJ or Minshuto), Aso said: "Does DPJ 
President Ichiro Ozawa still have his grip on the party?" He also 
said: "The public wants to see consultations between the ruling and 
opposition parties." Persons close to Aso predict that if the 
foundation of the Fukuda government is stabilized with an LDP-DPJ 
coalition, chances are slim that Aso will become LDP president. 
 
In the 2007 presidential race, Aso got more votes from party members 
and supporters than Fukuda. Even though he currently has no 
government or party post, he has received a lot of requests to give 
speeches. During the past six months, he took the stump more than 80 
times. Appearing on a commercial television variety program in 
February, when asked whether he had an intention to run for the LDP 
presidency, Aso said with a smile: "Yes, I do." 
 
In a speech on March 4 soon before his departure for Washington, Aso 
stressed the need for a change, saying: 
 
"The presidential race is now going on in the United States. The 
Russian president has been changed to Medvedev. While the global 
situation is drastically changing, the position of Japan should be 
made clear." 
 
In early 2008, Aso told Yoshihide Suga, a Koga faction member; 
Shoichi Nakagawa, an Ibuki faction member; and Akira Amari, a 
Yamasaki faction member: "Why don't we form a group called NASA?" 
NASA is made up of their initials. 
 
Suga, Nakagawa, and Amari are new leaders in their factions. The 
three played a key role in supporting Shinzo Abe in the 2006 
presidential election. Against their faction's decision to back 
Fukuda in the presidential race as Abe's replacement, they supported 
Aso. Therefore, Aso appears to have determined to give them the 
three party executive posts if he is elected LDP president. 
 
For Aso, the difficult problem is how to keep his distance from the 
Machimura faction, which backs Fukuda. Since early this year, Aso 
has been in touch with senior Machimura faction members at their 
request. On Jan. 30 in a meeting with former Secretary General 
Hidenao Nakagawa, a cabinet shuffle was their topic of conversation. 
Aso evaded Nakagawa's question by saying: "I wonder whether a 
cabinet shuffle is aimed at a Lower House dissolution or a grand 
alliance?" 
 
To announce his candidacy for the presidential race to pick a 
successor to Fukuda, Aso wants to avoid being appointed as a cabinet 
 
TOKYO 00000665  007 OF 011 
 
 
member thorough a cabinet shuffle. If Aso antagonizes the Machimura 
faction, which has produced four prime ministers in a row, he will 
repeat the results of the previous presidential elections, in which 
he was defeated by the other factions. 
 
However, the Machimura faction, including Nakagawa, wants to hold an 
"Aso card," while keeping him from defying the government. Senior 
Machimura faction members urged Abe, who is sympathetic to Aso, to 
rejoin the faction. Abe then attended a meeting of the Machimura 
faction after an 18-month hiatus. 
 
In the issue of Chuo Koron that went on sale on Feb. 9, Aso 
advocated a pension reform plan to cover basic pension premiums by 
gradually hiking the consumption tax to 10 PERCENT . Advocating his 
position of favoring a tax hike, for which the DPJ has called, Aso 
would be able to set a policy course of making a clear distinction 
with other candidates in the presidential race. 
 
In the first meeting on Feb. 27 of the "NASA" group, a strategy for 
the presidential election was taken up as a topic of conversation. 
One member told Aso: "You should not accept a cabinet post." Aso 
responded: "I understand." Suga said: "At present, you should stay 
away from the media so that you can avoid the image that you are 
trying to drag Mr. Fukuda down." 
 
(5) Future-oriented Japan-South Korea relations: Historical issues 
should be managed with both sides taking responsibility 
 
YOMIURI (Page 15) (Full) 
March 12, 2008 
 
By Ichiro Ue, an editorial board member of the Yomiuri Shimbun 
 
The newly inaugurated South Korean government has indicated an 
eagerness to rebuild relations with Japan while emphasizing the need 
for that relationship to be future-oriented. 
 
In a speech he made at a ceremony marking Korea's 1919 uprising for 
independence on March 1, President Lee Myung-bak, who assumed office 
in February, said: "South Korea and Japan should build a 
future-oriented relationship based on a pragmatic approach." 
 
Under the government of Lee's predecessor Roh Moo-hyun, Japan-South 
Korea ties became strained over the issue of Japan's views of its 
wartime history. Lee renewed his resolve in the speech to launch an 
effort to establish better relations with Japan. On Feb. 25, Lee 
held a meeting with Prime Minister Yasuo Fukuda, who attended his 
inauguration that day. The two leaders confirmed the need to 
regularize reciprocal visits - which they called "shuttle diplomacy" 
- after a long hiatus. Japanese ruling and opposition party groups 
visited South Korea in succession early in the year. The visits 
reflect their strong expectations for better relations with South 
Korea. 
 
A number of South Korean presidents, just after launching their 
administrations, have called for a future-oriented relationship with 
Japan. But inevitably, bilateral ties became frayed over time, 
affected by the three outstanding issues that stem largely from 
Japan's colonial rule of Korea: claims to the Takeshima/Dokdo 
islets, Japanese leaders' visits to Yasukuni Shrine, and Japanese 
school textbooks. 
 
 
TOKYO 00000665  008 OF 011 
 
 
President Lee said in a press conference a month before his 
inauguration: "I do not intend to tell Japan to apologize for or 
reflect on its past acts." His predecessor Roh launched his 
administration after putting historical issues on the back burner, 
but he later hardened his stance in reaction to the Shimane 
prefectural government's passage of a Takeshima Day ordinance and 
Prime Minister Koizumi's visits to Yasukuni Shrine. Reciprocal 
high-level visits were suspended as a result. 
 
A succession of South Korean governments at first prioritized 
relations with Japan, but once the issue of Japan's military past 
surfaced, they altered their stances in response to public emotions. 
Some observers worry that the new government might follow in his 
predecessors' footsteps. President Lee made this remark after 
stressing a future-oriented relationship in his speech on March 1: 
"But we should never look away from the truth of history. Even so, 
we cannot delay our path toward future relations, bound by the 
past." This expression reflects South Korean's complicated feelings 
toward Japan. 
 
Japanese, however, perceive there to be a deep-seated "persistent" 
resentment among South Koreans at Japan's colonial rule of Korea. 
South Koreans say that Japan is "forgetful." 
 
The new president, who used to be a businessman, gives top priority 
to economic ties in promoting relations with Japan. The total value 
of trade between the two countries now tops 70 billion dollars. For 
South Korea, Japan is the second largest trade partner, following 
China. For Japan, South Korea is the third largest trade partner, 
following China and the U.S. 
 
South Korea, though, has had an excess of imports over exports in 
trade with Japan. The amount of its bilateral trade deficit was 24.5 
billion dollars in the January - November period last year, 
according to a survey by the Japan External Trade Organization 
(JETRO). South Korea has a structural problem of importing 
intermediate goods from Japan and exporting assembled products to 
the rest of Asia. If Japan and South Korea resume talks on 
concluding a bilateral economic partnership agreement (EPA), which 
have been suspended since November 2004, South Korea will likely to 
take a positive approach in an effort to improve its trade structure 
and to solicit more investment from Japan. 
 
President Lee hopes to improve economic relations with Japan, rather 
than resolving historical issues, and to make South Korea into an 
advanced industrialized country, as he pledged in his election 
campaign. To that end, he wants to keep relations with Japan in good 
shape. This is indisputably the essence of future-oriented relations 
between Japan and South Korea. 
 
Between the two countries, major progress has been made in exchanges 
and mutual understanding even at the popular level. Japan and South 
Korea have promoted exchanges in various areas, based on the action 
program concluded between Prime Minister Obuchi and President Kim 
Dae Jung in October 1998. The annual flow of visitors to Japan or 
South Korea totals 4.5 million. The "Korea boom" in Japan, which was 
sparked by South Korean movies and TV dramas, has now taken root. 
Japanese popular culture has also drawn attention mainly among young 
people in South Korea, with the share of Japanese novels being 30 
PERCENT  in the South Korean literary works industry and with 
Japanese cartoons holding an over 60 PERCENT  share of domestic 
sales. The exchanges of such cultures have underpinned the bilateral 
 
TOKYO 00000665  009 OF 011 
 
 
relationship. It is now inconceivable that bilateral relations will 
regress. 
 
It is true that unfortunate events occurred in the past between the 
two countries, but it will become more and more important to manage 
issues of history to prevent such issues from causing unnecessary 
friction. Both countries should now manage historical issues on 
their responsibility. 
 
(6) Calls growing for criminalizing individual possession of child 
pornography; Demand in "major child pornography exporter" must be 
cut off 
 
TOKYO SHIMBUN (Pages 26 and 27) (Excerpts) 
March 12, 2008 
 
By Makoto Hashimoto, Chikage Iwaoka 
 
In Japan, child pornography is often uploaded to the Internet and 
DVDs containing images of small children are easily available on the 
market. While individual possession of child pornography is banned 
in major industrialized countries, such acts are effectively 
uncontrolled in Japan. The Liberal Democratic Party and New Komeito 
are studying the option of amending the Law for Punishing Acts 
Related to Child Prostitution and Child Pornography to ban 
individual possession. They are planning to submit 
lawmaker-sponsored legislation criminalizing "simple possession" of 
child pornography to the current Diet session. What is "simple 
possession"? We looked into challenges associated with the task. 
 
On the afternoon of March 11, UNICEF Goodwill Ambassador Agnes Chan 
held a press conference at the Dietmembers' No. 2 Office Building in 
Nagatacho, to publicize the organization's campaign to stamp out 
child pornography. In the conference, Chang underlined the need to 
take stronger action against exploitation of minors, citing the 
dissemination of sexual images on the Internet that would traumatize 
victims for the rest of their lives. 
 
The campaign mainly aims at amending the Law for Punishing Acts 
Related to Child Prostitution and Child Pornography, established in 
¶1999. The law was amended in 2004 to criminalize the production, 
sale, and possession of child pornography for sale and provision via 
e-mails. 
 
But the "simple" individual possession of sexual images of small 
children not for sale or provision is still not criminalized for 
fear of violating privacy and freedom of speech and expanding police 
authority. 
 
UNICEF Japan executive director Ken Hayami highlighted the need for 
strict controls on the simple possession of child pornography, 
saying: "With the widespread of Internet users, cyber porn is a 
serious problem. Although regulations have been tightened on the 
supply side, the demand side is still uncontrolled." 
 
Of the G8 member countries, only Japan and Russia have not 
criminalized the individual possession of child porn. Even though 
the United States has launched a child pornography eradication 
campaign, sexual images of small children have been "imported" from 
Japan, a major child pornography producer and exporter, via the 
Internet. Officials from the embassies of the United States and 
Sweden also attended the press conference as observers to learn of 
 
TOKYO 00000665  010 OF 011 
 
 
trends in Japan, the "offender." 
 
On the evening of March 11, U.S. Ambassador to Japan J. Thomas 
Schieffer called on Justice Minister Kunio Hatoyama at the ministry. 
Schieffer told Hatoyama: "Most industrialized countries have 
criminalized the individual possession of child pornography. We 
would like to see Japan join them." In response, Hatoyama stated: "I 
personally support your view. I'm hoping that the LDP and New 
Komeito will discuss the matter." 
 
The LDP sub-committee to review the child pornography law, chaired 
by former Justice Minister Mayumi Moriyama, held its inaugural 
meeting on March 7. The New Komeito's project team, too, has been 
studying amending the law since last December. 
 
Moriyama, who also attended the UNICEF Japan press conference, 
categorically said: "Most subcommittee members think the simple 
possession of child porn must be banned. We will work hard to amend 
the law in that direction." New Komeito Lower House member Kaoru 
Maruya commented: "The dominant view in our party is that simple 
possession should be criminalized. Given global trends and momentum 
in the LDP, the outlook seems bright." 
 
The press conference was also attended by members of the major 
opposition Democratic Party of Japan, which is scheduled to launch a 
project team soon. Lower House member Yoko Komiyama noted: "People 
ascribe the failure to ban simple possession in the previous law 
revision to the DPJ's opposition. We failed to reach an agreement 
because some voiced that police authority should not be enhanced. I 
want to unify views in the party from children's perspective." 
 
People who violated the child porn law are punishable by up to five 
years in prison, which is light. 
 
The LDP is going to study specific penalties for simple possession 
of child porn. What do experts think? 
 
The campaign's organizer and lawyer Keiji Goto took this view: "In 
order to eliminate hideous child abuse, such as child rape and child 
molestation, the simple possession of child porn must be 
criminalized." 
 
Lawyer Toru Okumura, who is familiar with Net sexual crimes, 
commented: "Banning the simple possession of child porn is the last 
resort. The current law has many points that must be reviewed before 
that." 
 
According to Okumura, the primary problem is that the law's basic 
vision is unclear when it comes to whether persons who violated the 
rights of children must be punished or the social trends regarding 
children as sexual objects must be blamed. 
 
Okumura added: "First of all, it must be made clear that the law 
punishes those who violate children's rights." 
 
Child pornography is defined as photographs and images of persons 
under 18 years of age fully or partially clothed in a way that 
stimulates sexual desires. 
 
Okumura also said: "Child pornography of even babies and infants is 
in circulation. Whether or not to stimulate sexual desires is 
irrelevant in arresting persons in order to stop the outflow of 
 
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images of child abuse. But this clause is skipped in court punishing 
those who sold images of child abuse." 
 
Unless a tape of moving images is recorded, a person is not punished 
for production under the child pornography law. Further, dubbing 
taped images is not punishable. These factors often cause confusion 
in court. 
 
In amending the law, animation (anime) and computer games are 
unlikely to be regulated, as there is the view that these are 
fictions and regulating might correspond to a violation of the 
freedom of expression. 
 
UNICEF Japan is going to press the government to amend the law to 
ban anime and cartoons as "quasi-child pornography" in its drive to 
collect signatures to ban the simple possession of child porn. 
 
Meanwhile, law enforcement authorities are endeavoring to crack down 
on violations by patrolling cyberspace, such as Internet auctions. 
The Internet makes it easy for ill-intended adults in remote 
locations to abuse naive children by luring them into obscene acts 
and taking pictures of them. Sale of DVDs can also criminalize 
children in remote locations. Investigations often straddle a number 
of prefectures. 
 
Okumura also commented: "Greater investigative power is necessary in 
order to reduce Net-based child abuse. Across the country, the 
National Police Agency needs to establish specialized departments 
that are highly mobile." 
 
SCHIEFFER