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Manga Images Depicting Children Lead to Conviction in UK

An anonymous reader writes with this news from the UK, as reported by Ars Technica: A 39-year-old UK man has been convicted of possessing illegal cartoon drawings of young girls exposing themselves in school uniforms and engaging in sex acts. The case is believed to be the UK's first prosecution of illegal manga and anime images. Local media said that Robul Hoque was sentenced last week to nine months' imprisonment, though the sentence is suspended so long as the defendant does not break the law again. Police seized Hoque's computer in 2012 and said they found nearly 400 such images on it, none of which depicted real people but were illegal nonetheless because of their similarity to child pornography. Hoque was initially charged with 20 counts of illegal possession but eventually pled guilty to just 10 counts.

40 of 475 comments (clear)

  1. Good riddance. by Anonymous Coward · · Score: 5, Funny

    Now maybe we can finally move on to locking up those with pictures of people illegally downloading music or drawings of addicts using heroin.

    1. Re:Good riddance. by schlachter · · Score: 5, Insightful

      or imagining a crime happening...or writing a novel about it...or drawing it...oh the horror

      --
      My God can beat up your God. Just kidding...don't take offense. I know there's no God.
    2. Re:Good riddance. by Cederic · · Score: 5, Interesting

      Actually Government ministers have stated a desire to extend the law to written materials.

      Since the laws on images include scenes of bondage, the moment they extend it to written materials I'm bringing around 400,000 private prosecutions against women that own 50 Shades.

  2. Moral Imperialism by damicatz · · Score: 5, Insightful

    Similarity to child pornography? Is there really someone so stupid that they cannot tell the difference between a cartoon drawing and a real child?

    1. Re: Moral Imperialism by Anonymous Coward · · Score: 5, Insightful

      There appears to be an entire united kingdom whose legal system is populated with such people.

    2. Re: Moral Imperialism by IamTheRealMike · · Score: 5, Interesting

      Is there really someone so stupid that they cannot tell the difference between a cartoon drawing and a real child?

      There appears to be an entire united kingdom whose legal system is populated with such people.

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      Unfortunately a lot of crap like this ends up being brought into otherwise sane legal systems thanks to pressure from the USA to "upgrade" national laws to meet the "latest standards". Japan has been pressured for years to tighten its CP laws, being publicly named and shamed etc - the primary justification for not doing so was fear of false positives. Like this one. And like the notorious cases where two teenagers can legally have sex but not photograph themselves doing it.

      Fact is, politicians love being able to say they made the law tougher on paedophiles. It's a sure popularity winner. So it's inevitable you end up with idiocy like this.

    3. Re:Moral Imperialism by monochromefx · · Score: 4, Interesting

      He should pay restitution to the victims, except that there are none. In the US, the Supreme Court overturned a similar, Clinton era, law on the basis that there are no proven victims.

    4. Re: Moral Imperialism by damicatz · · Score: 3, Insightful

      The bill of rights is a myth. The very people who they are supposed to limit are the ones in charge of interpreting said limits. As soon as the supreme court gave itself the power of judicial review (despite no such power existing in the constitution), it was over. The US constitution was an interesting experiment, but it failed.

    5. Re: Moral Imperialism by WWJohnBrowningDo · · Score: 5, Informative

      Just FYI, the rule against illegal cartoons exists in the USA too. The Supreme Court struck down attempts to use CP laws in this way as being obvious nonsense, so Congress just went ahead and amended the law to make it explicitly illegal as opposed to implicitly illegal.

      You apparently missed some important details. I have highlighted them for you.

    6. Re: Moral Imperialism by Dixie_Flatline · · Score: 5, Insightful

      Don't forget Australia's law where if the person looks young, it counts as CP. It effectively puts a ban on taking pictures of women with small breasts (if they're in their 20s or otherwise look young). http://theweek.com/article/ind...

      What this means is that it would be illegal to take pictures of a young-ish looking 24 year old with A-cups, but perfectly legal to have sex with her 16-year-old sister as long as you didn't take pictures of it.

      Remember, laws always exactly reflect what is moral. If it's not illegal, it's not immoral!

    7. Re: Moral Imperialism by Verdatum · · Score: 4, Insightful

      "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. . . . [A]ll executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution." If the constitution is the supreme law, and the judges must support its supremacy, the only way I can perceive of upholding this is by way of judicial review. It might not be explicit in the constitution, but this is a very strong implication.

    8. Re:Moral Imperialism by cold+fjord · · Score: 3, Interesting

      No. But such is the moral panic over child molestation in the UK that no-one dare stand up and defend him.

      I don't think you could build a good case that "moral panic" over child molestation is the biggest problem the UK has in this regard, viz:

      Rotherham child abuse scandal: 1,400 children exploited, report finds

      Prof Jay said: "No-one knows the true scale of child sexual exploitation in Rotherham over the years. Our conservative estimate is that approximately 1,400 children were sexually exploited over the full inquiry period, from 1997 to 2013."

      Revealing details of the inquiry's findings, Prof Jay said: "It is hard to describe the appalling nature of the abuse that child victims suffered."

      The inquiry team found examples of "children who had been doused in petrol and threatened with being set alight, threatened with guns, made to witness brutally violent rapes and threatened they would be next if they told anyone ....

      The report found: "Several staff described their nervousness about identifying the ethnic origins of perpetrators for fear of being thought as racist; others remembered clear direction from their managers not to do so."

      Failures by those charged with protecting children happened despite three reports between 2002 and 2006 which both the council and police were aware of, and "which could not have been clearer in the description of the situation in Rotherham".

      No indeed, it appears the "moral panic" you are looking for is not about child molestation.

      Rotherham child sexual abuse scandal is tip of iceberg, says police chief

      There will be more Rotherham-style child sexual exploitation scandals unearthed in the coming months as the “stone is lifted” on the scale of abuse perpetrated on the young, one of Britain’s top police officers has warned.

      Children are being abused an hour after being groomed online, Rotherham sex abuse scandal expert warns

      Paedophiles are abusing children in real life within an hour of grooming them online, the professor who led the investigation into the Rotherham sex abuse scandal has warned.

      Professor Alexis Jay, who compiled a report into how gangs of mainly Asian men groomed, terrorised and abused 1,400 girls as young as 11 in Rotherham over a 16-year period said sex abuse went on undetected in many other areas across Britain.

      --
      much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
    9. Re: Moral Imperialism by lgw · · Score: 3

      To a court, what is "scientifically valid" other than the testimony of scientists as to what's valid?

      The puritanical obscenity laws were backed with "scientific studies" showing that society would collapse if people watched porn, or some such BS. Ultimately, the court just injected its own personal opinions. The current extreme laws against CP (beyond obscenity laws) are based on just such an argument of direct harm due to the content - an argument the SCOTUS bought. Are those arguments actually compelling enough to justify banning CP under obscenity laws (a lower bar)? I dunno, I didn't spend that much time looking into it, but it's not unreasonable to think it might be so. Does that extend to drawings? I'm highly skeptical.

      If they can show true harm, then I think it's fine to ban it. I thought we were talking about obscenity laws, though.

      Sure, which keeps coming back to "who decides" what's true harm. That's the heart of all government corruption - the power given to the decider. As much as the US does some screwy stuff from time to time, our systems for deciding have proven pretty robust, relative to all the systems we know about. If the system occasionally spits out stuff like obscenity laws, well, there are far worse failure modes, like what just happened in the UK.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  3. Ridiculous by SuperDre · · Score: 5, Interesting

    This is when people just go too far.. It's a f-ing drawing, it's not real..
    This just tells me the people who made these laws are really in need of some psychotherapie if they think these drawings should be forbidden.. What's next, put people in jail just for what they are thinking?

    1. Re:Ridiculous by war4peace · · Score: 4, Insightful

      I'm confused about one thing, though.
      How can you reliably determine the age of a cartoon character? I mean, they're cartoons, you could say "this girl-like-looking drawing is actually an 1000-year old witch". Furthermore, I found difficult to reliably determine whether some manga characters were of lawful age, because most look like they're not, I assume this is intentional but can't be sure.

      In the absence of a well-designed "lawful age" metric, one should either ban all manga or ban none.

      --
      ...gis sdrawkcab (usually not responding to ACs; don't bother posting as AC)
  4. thought crime by Anonymous Coward · · Score: 5, Informative

    thought crime

  5. Distasteful stuff, but should not be illegal by Mostly+a+lurker · · Score: 5, Insightful

    The laws against child pornography should be aimed at protecting children from exploitation, not in making morality statements. Cartoon drawings of children engaging in sex acts certainly indicate people with pretty sick imaginations, but no children are hurt in their creation or consumption. I have seen worse on walls in public washrooms.

    1. Re:Distasteful stuff, but should not be illegal by BradMajors · · Score: 3, Interesting

      The problem is there are not enough pedophiles to prosecute. The state has been forced to "create" pedophiles.

    2. Re:Distasteful stuff, but should not be illegal by Anonymous Coward · · Score: 5, Insightful

      There are LOADS of pedos out there though.

      Pedophilia is actually ridiculously common, going by many research studies.

      The problem is if they start imprisoning every pedo they knowingly can find, they will create a problem for themselves down the line because then some people will be like, "right, hang on a minute, why the hell are there so many pedos in prison? Is this right? Is there maybe some deeper cause of this?"
      Then there will be further research, will will validate pedophilia at levels like homosexuality is and the prude-types don't want that at all. (despite the fact that some of those pricks in politics were raping little boys in the late years of the last century)

      Locking people up for thoughts is stupid.
      Locking them up for UNCONTROLLABLE thoughts is even more stupid.
      Making their outlet ILLEGAL is INSANELY STUPID, because then it will lead to people getting desperate, and worse, it might even push some people out in to the world to watch real little girls and boys, and the worst ones probably even raping. That is NOT an acceptable solution to this.
      Pedophilia can be managed. Very well.
      Look at Japan as well. Rape is barely even a blip. But nooo, Japan is evil, all those dirty sick rape games and hentai! Dirty sick evil people! They'll rape everyone!
      Oh, wait, no, that never happened.

      Here I was thinking the UK were going to not be as stupid as other countries when it came to such things.
      I was sorely wrong. Fucking stupid. Completely and utterly stupid.

      There goes all media in to the bin. GTA is now mass murder. Everyone go home and do nothing. Be a zombie. OBEY.

    3. Re:Distasteful stuff, but should not be illegal by Dan1701 · · Score: 4, Interesting

      The LA Times link above briefly mentions a few rather interesting and salient points about known paedophiles:

      Firstly, compared to their peer group, they are on average an inch shorter, their IQ is about 10 points lower and a much greater proportion than is normal are left handed.

      Secondly, compared to their peers or even other prisoners, they have a lot less white matter in their brains.

      Thirdly, paedophillia does not appear to be learned behaviour; being the victim of a paedophile does not predispose that person to becoming one.

      These apparently point to paedophillia being partly caused by a developmental disorder, one which strikes fairly early in life, even before birth. As such, we ought really to be looking for whatever environmental toxin is causing this problem, with a view to removing it. My guess would be an almost-harmless virus, or perhaps a heavy metal of some sort. It would be interesting to know if paedophillia is linked to lead in the environment, as is more general forms of criminality (which are again linked to disrupted brain development).

      The final point is a not-so-obvious one. What we need to know is if pornography acts to incite acts of paedophillia, or acts to satiate the desire to perform such acts. The easiest way to tell might be to compare cultures where normal pornography is easy to get, to those where it is very difficult to get, and see if the rates of sexual attacks and deviant acts vary between the cultures. Does anyone know if such a study has been done?

    4. Re:Distasteful stuff, but should not be illegal by Kojiro+Ganryu+Sasaki · · Score: 4, Insightful

      If the IQ study is the one I think it is, it was based entirely on convicted child molesters, and not on the population of pedophiles as a whole. Therefore if, say, lower IQ causes these people to molest, then it also makes them more likely to get caught.

      It'd be really interesting to see studies on the entire population, not just on incarcerated subsets.

  6. Thought policing by Anonymous Coward · · Score: 5, Insightful

    Yeah, this is stupid. You can't sentence people for drawing and using a paper and pen, whatever the content of their drawing, or fapping it out to imaginary drawings that have no relation to any real person.
    1984 would like to have a word with the UK. But then again, UK sentences people over tweets and facebook posts, so it doesn't surprise me.
    Censoring art, whether you agree with the content or not, is a slippery slope towards thought policing, which is bad any way you look at it.
    This also connects to the "violence in video games leads to real life violence" thing. So long as they don't stalk and harm real children (and some aren't even interested in real children but in drawings [you can't explain fetishes, fetishes just are],
    they can fap to whatever drawings on paper they want and create whatever drawings they want.

    Should Australia also ban many Renaissance statues and artworks, and those of ages before it, because they feature females with small breasts? ["Obscene media/art" portraying small breasts being disallowed or something in Australian law, some Ausia elaborate for me please].

    1. Re:Thought policing by Slick_W1lly · · Score: 5, Interesting

      Indeed.

      So where do I go to file a lawsuit against all them old mansions for 'displaying child porn' with the cherub stonework in full display.
      Children abound.. some of them with their dangly bits out... 0_o

      http://carvingswithstories.blo...

      Looks like a sex act t'me guv.

    2. Re:Thought policing by Bob+the+Super+Hamste · · Score: 3, Funny

      I want to take the city of Brussels to court over one of their most famous landmarks. That city has some wealth so I should be set for life.

      --
      Time to offend someone
  7. Dangerous precedent by surfdaddy · · Score: 5, Insightful

    So somebody who has never done anything wrong writes an offensive cartoon. How is this different than a cartoon depicting a murder, also offensive? In fact, what about all those Hollywood movies depicting murder? Should the writers of those movies go to jail as well?

  8. These laws are hard to grasp by MetalliQaZ · · Score: 5, Insightful

    Let's do a thought experiment. Start with a blank piece of paper and some colored pencils. A person begins drawing a picture. The page begins as a completely meaningless object, and as marks are made on the page, it gains meaning gradually. A line on paper is not illegal, or at least it shouldn't be by any moral or ethical standard. Two lines, three lines, and so on. Each are probably completely innocent individually. If these scribbles were forming letters and words, they would be clearly protected expression, until they formed some kind of credible threat. At least, that's how I understand it.

    But this isn't a written message, just a picture. A head takes shape. Eyes, nose, mouth, and hair. The subject starts to emerge. Still this is a legal drawing by any measure. Eventually enough marks are made on the page that the subject has context. Clothes, background... and actions. At some point the scene depicted by this collection of lines and smudges becomes forbidden. What was an figment of someone's imagination is now a very real crime.

    How does that happen, and when? Who specifically does this law protect? Is the person who drew it a criminal, or is it only a crime when someone buys it? Is every viewer of the picture a criminal or just the ones who enjoy it? How do you tell which is which? What about the imagination that spawned the picture? Would the artist have been a criminal if they hadn't put their mental image to paper? I find these questions very difficult to answer in a way that makes sense for a society. Every seemingly obvious answer can lead to some very harmful laws.

    But the main motivation is one of greater public good. A scribble that harms nobody is made illegal because by locking up the people who like the scribbles, they cannot remain free to eventually harm real people in the same way. It's a noble cause and perhaps an effective law (I have not seen proof one way or the other). However it is also disturbingly close to pre-crime. I'm not entirely comfortable with that.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
    1. Re:These laws are hard to grasp by The+Ickle+Jones · · Score: 5, Insightful

      However it is also disturbingly close to pre-crime.

      It's not just "disturbingly close"; it is pre-crime. There is absolutely zero evidence that says that someone will commit a crime just because they like drawn pictures of children, and even if there were evidence, pre-crime is absurd in and of itself.

      I'm not entirely comfortable with that.

      You should be entirely uncomfortable with it.

  9. If you can't see it how do you know??? by burnttoy · · Score: 5, Funny

    While we're in the UK...

    Percy: You know, they do say that the Infanta's eyes are more beautiful than the famous Stone of Galveston.
    Edmund: Mm! ... What?
    Percy: The famous Stone of Galveston, My Lord.
    Edmund: And what's that, exactly?
    Percy: Well, it's a famous blue stone, and it comes ... from Galveston.
    Edmund: I see. And what about it?
    Percy: Well, My Lord, the Infanta's eyes are bluer than it, for a start.
    Edmund: I see. And have you ever seen this stone?
    Percy: (nods) No, not as such, My Lord, but I know a couple of people who have, and they say it's very very blue indeed.
    Edmund: And have these people seen the Infanta's eyes?
    Percy: No, I shouldn't think so, My Lord.
    Edmund: And neither have you, presumably.
    Percy: No, My Lord.
    Edmund: So, what you're telling me, Percy, is that something you have never seen is slightly less blue than something else you have never seen.
    Percy: Yes, My Lord.

    --
    Time flies like an arrow. Fruit flies like a banana.
  10. Simpsons Movie? by ianbnet · · Score: 3, Interesting

    I have to wonder how the judge draws the line between something like this conviction and, say, the Simpsons Movie, where Bart is rocking some full frontal on the big screen.

    There's a difference, for sure -- one is funny and clearly a cartoon, whereas one sounds like it's purposefully sexualizing children. So the conviction could be grounded in intent. But it's a hell of a slippery slope.

    --
    --------------------- -me, Crusher of those who are Foolish (don't be foolish)
  11. Re:Constitutions CAN be useful, if honored. by BitterOak · · Score: 3, Informative

    No. In the U.S. cartoon images ARE protected by the First Amendment. This was decided by the U.S. Supreme Court in 2002. (Ashcroft v. Free Speech Coalition, 535 U.S. 234 (2002)). Sometimes our Supreme court DOES get it right!

    --
    If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  12. Common sense solution by sinij · · Score: 5, Funny

    Commission a drawing of the man in question serving time.

  13. Re:Petite girl friends by Anonymous Coward · · Score: 3, Funny

    So the only men allowed in Australian porn are now fat men with big manboobs?

  14. ironic timing by Cederic · · Score: 3, Interesting

    Today's also the day that the guys responsible for prosecuting child pornography offenders stated that they lack the resources and would only prosecute the highest priority cases - leaving around 50,000 alleged offenders uncharged.

    So that's up to 50,000 people that allegedly have images of actual child sex that wont be charged, and one person with cartoons that's been found guilty.

    Fucked up situation indeed. Interesting that it's his second conviction for breaching child pornography laws without ever being found in possession of child pornography. And people wonder why I refuse to browse porn sites these days..

  15. Re:pics? by JMJimmy · · Score: 5, Insightful

    You joke but it creates a legal nightmare. What is "illegal" imagery and what is not? Whether the judge finds them "repulsive" or not? How do you determine the age of a drawn character? How realistic does it have to be? (ie: do stick figures count?) Is a sexual act/"nudity" required or is suggestive imagery enough?

    By the ambiguity of the law/ruling something as simple as Sailor Moon could be illegal.

  16. Re:Fantasy based laws. by The+Ickle+Jones · · Score: 4, Insightful

    3) slowly shift their sexuality from kids to something more acceptable.

    That's just absurd.

    This should be required treatment for people interested in children

    What? Just leave people alone. What is wrong with you people? If they haven't raped anyone, you have no reason to harass them with your ideas of what is "acceptable."

  17. take a page from the video pornographers' playbook by liquidsin · · Score: 4, Funny

    Just make sure the first picture you draw of your underage-looking manga pornstar shows her holding up her vehicle operator's license (or other gov't approved photo ID). Also, make sure to draw the ID so it indicates that she's legal.

    --
    do not read this line twice.
  18. Re:pics? by sabri · · Score: 4, Insightful

    Like I said yesterday:

    I've said it many times before, and will say it again. The UK is not what it used to be. It used to be the bastion of European freedom, the saviors against Hitler.

    At this time, they're exactly the opposite. They're on the front-lines of oppression, limiting freedom of speech and monitoring online and offline behavior all in the name of "save the children".

    --
    I'm not a complete idiot... Some parts are missing.
  19. Re:pics? by wrook · · Score: 5, Interesting

    When I was living in Japan, a friend asked me to send him a copy of Inu Yasha volume 1 so he could give it to his daughter. She wanted to use it to help study the Japanese language. It was her favorite anime and she wanted to read the manga. I was about to send it to him and noticed that there is a scene with Kagome (the heroine) bathing naked. She's meant to be 14. Not wanting to get my friend involved in importing child porn, I ended up not sending it. It is a shame that a 14 year old girl can't read her favorite manga because there is a picture of a naked 14 year old girl in it. Laws are laws, though...

  20. Re:broke the law plain and simple by The+Ickle+Jones · · Score: 5, Insightful

    broke the law plain and simple

    Appeal to law. Law != morality, so this is irrelevant. If your point wasn't to equate legality with morality, then your point was worthless, as everyone here already knows about this crappy law, so you don't need to tell them that the law was broken or that they can campaign for it to be changed.

    Would you want someone doing this with your kids?

    Appeal to emotion. Even if I wouldn't, that is no excuse for infringing upon a fundamental right like freedom of speech.

    You're an authoritarian to the core.

    Some of whom have been later convicted of sexual assault against the children they painted.

    Some humans are murderers, therefore all humans are murderers. Nice hasty generalization, there.

    Furthermore, freedom of speech > safety. Take your "Think of the children!" garbage elsewhere. Dailymail, perhaps?

    There is a big problem with the number of paedos in this country, already the police admit there are just too many too arrest.

    Fearmongering nonsense. For one thing, a pedophile is simply someone with a sexual attraction to prepubescent children; an individual pedophile isn't necessarily a child molester, and vice versa. You are using incorrect terminology.

    Second of all, society is safer than ever before; you need only look at crime statistics. If you're scared of child molesters, then you should never get into a car again, as it's far more likely you'll die in a car accident.

    I fond it odd that anyone is defending this on the grounds of free speech......

    Why is it odd to defend free speech on the grounds of free speech? What's odd is people who want government thugs to have the ability to subjectively determine that certain content is unacceptable for subjective reasons and then have it banned. That should be frightening to anyone who cares about freedom.

  21. Pedophilia is not ridicilously common by aepervius · · Score: 4, Interesting

    Ephobephilia, exclusive or not , is ridicilously common (10 to 20% prevalence depending on the study). Pedophilia IIRC barely scratch the 0.2 to 0.5%. What is the difference ? Secondary sexual characteristic. See in some country people have been flagging teh attraction to underage male & female NO MATTER THE AGE as pedophilia. But the reality is that pedophilia has a clear definition is the attraction to a child which does not display secondary sexual characteristic. Ephebophiliac on the other hand are attracted to young postpubescent teennager which display such sexual characteristic (for example young 14 year old female girl with breast) but are not at all itnerrested into prepubere children , like a 5 year old.

    The problem is that in some country like the USA people are mistaking one for the other. They accuse often ephebophiliac as being pedophiliac. They are not the same category, they ephebophiliac,e xclusive or not, are not even recognized as a pathology, only true pedophiliac are.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org