Regardless of what you think of the censorship laws in Japan, or what you think of porn or the people who work in the industry, the fact of the matter is that she signed a contract with a company to do a job that stated that all her work would fall within the bounds of Japanese law. The company is now not only breaking that contract, but also putting her in the crossfire to fall afoul of the law, despite having done nothing wrong or illegal herself. This is a serious breach of labour practices and simple exploitation, plain and simple. Companies should not be let off the hook for this behaviour, but they do it because they know their employees are vulnerable and in no position to challenge them. She's right to fight them, and I hope she wins.
God you are so articulate that even a dumbass like me could understand the severity of this situation and how important Kaho’s actions are to protect herself & people vulnerable to such predatory practices by jav companies
Seriously good take. On the surface, two big issues by themselves are the contract violation and the inherent violation of privacy that goes with it. Still ignoring the censorship laws, some porn is done with the eyes or the full face censored. And especially in those cases, you have options, whether black bar, white cloud, blur, or mosaic. Point being, if the actress agrees to one thing in the contract, but the studio releases a completely different thing, that breaks the contract. If it makes her more recognizable as a result, that's a further possible damage. But absolutely like you point out, this is additionally bad because the company makes them unwittingly complicit in something illegal. This would be the same as a company "withholding" part of your paycheck for taxes, and then continuing to "withhold" it in their accounts instead of paying it to the tax agency: damaging to you, violates the law, but does it in such a way that the government may come after you for it.
Legality is law, it’s a slippery slope to selectively apply law because of social Justice, look what it’s doing in Canada, just a warning to Japan on that.
@@ironhell813 Oh my god, are you talking about the about the fucking pronoun thing? It's been in effect for six years, no one has gone to jail over misgendering someone - and I assure you, it is NOT for a lack of fear of doing so. You cannot be jailed for misgendering someone. You also can't be jailed for using racial or religious slurs. You could be jailed for using this to consistently harass and abuse an individual, but that goes for any protected class because harassment and abuse are illegal. And could someone go to jail for using the wrong pronoun? In the Criminal Code, which does not reference pronouns, Cossman says misusing pronouns alone would not constitute a criminal act. You would need to be serially harassing and abusing someone with it in order to go to jail for it. So if the sick fucks who protest outside of funerals are okay, I think the transphobes will be too unless they decide to break the actual law. This takes ten seconds of research. So like, I guess this is a warning to western countries that the education system is failing and we should be incredibly concerned about reading comprehension and the understanding of basic human rights.
@@hjp11 Seems pretty clear-cut. At the time she was payed for uncensored scenes and that's all the production company have rights to. Using "leaks" as a form of marketing in all likelihood is only beneficial to the company, assuming Kaho doesn't get any residuals. And that's all without the whole, still illegal in Japan part.
Everyone claiming "Kaho is just trying to clean up after herself!" is entirely missing the point that the company letting the uncensored videos be leaked is illegal, and they refuse to do anything about it besides giving her an "Oopsie Daisy, my bad fam". Literally do not care what your opinion on Kaho is. What the company did is illegal, and she has every right to sue🤷♂️
I am sorry but let me get this straight they make porn and than when they are done the complain the porn is on the internet uncensored. Yeah sounds Exactly like cleaning up.
@@Dwd84the problem isn't that it's on the Internet. The problem is the raw tapes uncensored tapes got leaked and they aren't enforcing their copyright and basically aren't gonna do anything unless Kaho sues.That's the problem.
While on the face of it, with no context your statement is true... her reason for the lawsuit though seems to be "Girls who leave the industry and don't want to be associated with it feel powerless, it's very embarrassing if it is brought up later." It seems to actually have very little to do with the "uncensored" issue. To which I say: the only way to make sure noone ever sees you doing porn, is to not do porn. The lawsuit may have grounds technically in the law, but it's a bit bullshit this has something to do with censored/uncensored.
@@matten_zero Oh sure its not because se plans to get her only fans of the ground no no its because the porn tapes she made are now available on the internet uncensored. You do know There's actually no explicit "you must censor porn" law. In japan The supposed requirement to censor Japanese porn emerged from precedent cases that bastardized Article 175 of Japan's criminal code: A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. The same shall apply to a person who possesses the same for the purpose of sale. Well, that's pretty vague, huh? It basically says that it's illegal to sell or distribute obscene materials. What exactly is the definition of "obscenity?" Countless courts, countries, and societies have wrestled with this question over the course of human history. Is there some benchmark or guideline? I'm of the belief that obscenity--like beauty--rests in the eye of the beholder, making it a challenge to objectively regulate. Obscenity is such a subjective thing that it's impossible to regulate without concrete benchmarks and guidelines that at least reflect the general consensus of modern society. Instead, Japan relies solely on precedent cases to interpret this law. Apparently, the current interpretation is that the male penis and the female vagina are obscene. How depressing! I've always considered the human body a thing of sheer beauty. A law like this that's defined exclusively through precedent is a danger to society, as it swings based on the whims of the judge presiding that day. Porn censorship is in direct conflict with Japan's constitutional right to freedom of speech and expression. Article 21 of Japan's constitution states this: Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated. But whatever who cares about facts. While we have pseudo intellectuals here who think to know Japanese law
Thanks! English tip: when saying they are doing something to avoid Japanese law, instead of sating "get away from the Japanese law" a common phrase would be "to get around." "To skirt" could also be used ("to get around Japanese law" / "to skirt Japanese law".) Hope you take this comment in the helpful spirit it was made!
Never saw any of her work in adult films, I know her from her content creation on youtube. It's very cool that she is so open about the work she used to do, it's interesting to hear her stories. I really hope she destroys these people for what they've done. She seems like such a lovely person and deserves so much better than this. You can't demand to be recognised as legitimate while also breaking the law.
@BlackEpyon how can even someone blackmail her? Like i have i pictures where your vagina ain censured when the pictures with her asshole not censured are legal
If her contract said, that the videos are censored, then i think she is absolutly right about her lawsuit. Especially with the laws at that time. I hope she wins and make the conditions better for every actor and actress in that business. Stay strong and always stand up for your rights!
Pretty sure the contract does not actually need to specify that, if it is illegal then the company is automatically in breach, people cannot agree to engage in illegal activities, such a contract would be null and non-binding.
@@Somerandomguy524i was thinking if in the contract theres mentioning for the company has the right to sell uncensored ones. or if the contract says all videos sold must be censored
if nintendo take leaking stuff that seriously and gaming company than by business standards it counts but I prefer uncencorship which od people want so removed censoring in first place that dumb law
@@lqfr8813 the company can never have the right to sell uncensored versions because doing so is illegal. If the contract said that, then the contract becomes void.
How can the company claim it's not their fault is beyond me. They are literally the ones that created the uncensored ones (by filming them) so it's their duty to censor them. A leak could not have happened without someone from inside
I suppose it depends if the company is actively leaking it and making money from it or if it was just 1 employee that has leaked it against the companies will, in that case it is the fault of that specific employee, they should be held accountable.
@@syproductions456I'm not sure how fault works in Japanese law, but at least in many places in the west, the company assumes liability for the actions of their staff. If security was lax enough that one editor or some such was able to ferret away an uncensored copy and distribute it independently, then the company would be liable for not being able to stop him. The company could sue the individual to recoup losses, since he committed a crime, but the company would still be at fault civilly for failing to secure what was, in its original form, illegal to individually possess. If the company did it intentionally, then at least in other parts of the world, it rises to the level of a criminal act.
@@estarr86 why would she have the raws of videos she doesn't own? She was just a performer, not a cameraman, editor, director, or producer. Sounds to me like you either want to be contrarian because being different is "cool," or you have an agenda.
@@estarr86 bruh you did not just say that. You think that it could not be tracked down to her??? Not everyone is as dmb as you to try and pull something like that💀
I agree that as long as this dumb law exists, and a company is breaking it, then Kaho should be compensated for both a breach of contract and because you know, they're breaking the law. At the same time though, it does shine a light on the elephant in the room, and that's asking "why does this law saying porn has to be censored even exist?" I think Kaho should be compensated for damages, but AFTER that I do think people should question the law being there in the first place.
@@matten_zero Yeah I know, but it's also led to some wierd peculiarities. Not just the Giji thing she talked about, but also the use of, for lack of a better word, "stunt dicks". Like they're wearing something over their actual dick to make it look bigger, but it's not the real thing, and apparently in these uncensored leaks it's super obvious when they're wearing one.
@@GameFuMaster Not quite. Prostitution is illegal, but prostitution is legally defined as ONLY being paying for vaginal penetration. Which means anything that isn't that, legally isn't prostitution. It's all just a legal loophole. And the way they get around it is basically someone goes to the soapland girl, he pays for another services, and then she just decides that she WANTS to have sex with him, no charge. It's so blatantly transparent in what it is but technically no crime is being committed.
Seeing the comments against her in here and the upvotes they get is disheartening. Contract was breached, this isnt what she signed up for, end of. Doesnt matter what your opinion is.
A company lied to her (and other JAV Actresses) to save money and other resources while intentionally underpaying them and using their image for said illegal distribution. I think censored porn has always been stupid, but if you look at it like "A company lied to it's workers and not only broke the law, but used said workers image to do it" sounds like something everyone should understand.
Lawyers be like: “In 2014 Ms. Shibuya, according to the records if your previous employer, many of your videos were censored as you all can see up on this 65-inch wide screen.” 👾 “Now in 2023, after your videos leaked onto pirated websites, they became uncensored and this was the result.” 😈
I admire her courage for holding them to account. The sacrifice of time, and stress in the process is something many people cannot deal with in normal daily life. In the U.S. being on either side of a lawsuit is usually a nightmare.
First, we have to see this as a labor dispute. The main issue was not the consequences of her actions but rather a contract violation. Uncensored jav is actually illegal. So, if there are uncensored versions of her work circulating the internet, she is also legally responsible. So, to remove her part from the fiasco, she is somehow compelled to sue the company. Not only that, if the contract said she would do it only if the final product is censored, then no such uncensored copy should exist in the first place. If leaks of an uncensored copy (even if the company was never aware of it) is found in the internet, the sole responsibility to protect the integrity of the work lies in the production not the talent because the former owns the product. Therefore, she has the right to sue the company for failing to comply with the provisions of the contract. Now, the company should pursue the leakers and the admins of websites that used their work without permission. After all, it's their copyright that had been breached. Thank you. Go Kaho. May your case serve as a protection for other girls!
She is not legally responsible for the leak. The video she made was legally released uncensored. She had no involvement in the leak, so she's not legally on the hook under Japanese law. And even though her work was released censored, of course there's an uncensored version. These things are shot without censorship, then censored in postproduction. The camera doesn't automatically add the pixellation, so every censored Japanese AV has an uncensored master or masters. Every AV actress knows this. Uncensored leaks aren't even uncommon. Its just one of those things that happens, like cut Disney movie footage leaking out to the internet. The company didn't release the uncensored footage themselves, so they didn't violate their contract with her.
@@1000rogueleaderThey kind of did breach contract because at the very least, they didn't protect her past content well enough to not get illegally distributed. They are responsible for not letting that get out and if they aren't doing much to prevent that, then they are responsible. And really, for Kaho, not everyone is going to understand that she only agreed to be in censored videos. I highly doubt she will be arrested, but it doesn't look that great for her to be associated in something that is technically illegal because that's not what she agreed to. Personally, I think this will put some coals under the asses of these production companies to protect their talents a little bit better and take better precautions against letting the raw videos get out to the public.
@@1000rogueleader "Uncensored leaks aren't even uncommon" still doesn't make it legal. "The company didn't release the uncensored footage themselves" but they own the masters which make them responsible for the uncensored footage. Which means they DID violate their contract with her.
A contract is a contract, so if companies break it Kaho and all the former AV actors and actresses have the right to suit them. Kaho is a very intelligent woman who knows what she's talking about. In our Western perspective, the Japanese censorship is absurd, but they have their own laws and regulations, so we can say whatever we want but Japan is a different story
All she does it's protecting people from being treated like how she experienced, changing law is tough in Japan... Wish the best for her cuz it's something that should be done ages ago
There seems to be a lot of comments in this video that show people are getting overly focused on whether or not it is good to have 'decency laws' such as the ones governing the censoring of genitalia in Japanese porn and missing the main point of the lawsuit. The point is that the people featured in these videos were hired under to partake in them with certain set conditions stated such as the censorship that is a central feature of Japanese porn. With the videos being leaked without the censorship in place at a later time without the participants knowledge or any alteration of existing agreements this becomes a straightforward breach of contract issue alongside a possible loss of standing for those in said videos and a breach of privacy. There is also the point that the people in the videos are now unwitting participants in a breach of Japanese law which could well have ramifications depending on how thorough and and robust public prosecutors might decide to be. Remember Japanese law does not take the 'innocent until proven guilty' tract with people who are accused of something having a very uphill battle in order to clear their name of any suspicion.
So many people in the comments that are straight up missing the point/idea and are just going "if you didn't want it out there you shouldn't have done it in the first place". Like way to go I see reading and listening comprehension is dead these days.
I think the censorship laws should be abolished in Japan That said, these people did the work during a time those laws were in place, so I hope they retain the rights they agreed to at the time of the work.
So she had no problems getting piped on camera but as soon as the unpixelated version goes public she has a problem? We've seen 98% of her body, 2% doesn't make any difference.
She presents some interesting points, especially from an actresses perspective. But I think the biggest issue with genital censor in Japan is how the Japanese view shame in their society, which is different than how it is viewed in places like the US or Europe. In this context Kaho Shibuya is right to sue, since that damages her image within Japanese society beyond her status as a (former) porn actress. Some would say the solution is to just remove censorship all together, but that would only make things worse because of how Japanese society views explicit sex. The whole fake intercourse thing is pretty interesting for many reasons and from many perspectives. Thank you Nobita, for this well made and well thought content.
Many other creators are asking for it to be uncensored though , I think its on the bill now. Because doujin porn have uncensored versions that mostly overseas fans received by also legal means but domestic consumers don't get it. The creators wanted some fair things for their local fans too as a thank you for constant support
the doujin and AV censorship was different based from my experience. is not like doujin can portray the genital like real things so it not really problem. but for av maybe it was better to censor it because there's a lot of new av being release every day, week. and watching all of that just make 1 things boringness. I think it was great that they are getting censored so I can just fantasize what really happen and not shy with my own genital. also, it helps having uncensored one because sometimes seeing the true genital shape make me hornier too. for me I just hope all these new laws will bring better to the industry and didn't make them disappear. if JAV gone then idk it will be like we just lost very big cultural stuff. like nowadays is more hardcore genre became rare and almost like disappear. it sad seeing we can't see video like that happen in past again because at the time the industry probably exploits many people to starring the AV.
@@1chibanKasuga yeah billion of content with crappy video quality. Also it's always the same generic genre. The stupid and hardcore genre only had maybe several thousand video only.
I don't condone making porn, it is their decision, but i think that she is right. People need to be protected in every industry. I like Kaho, follows her on youtube and insta, and she has great content, she is funny, smart and very talented in different area, also brave to push something like this.
At first I thought it was kind of ridiculous for her to make such a big deal out of having illegal leaks despite not having anything held against her on that. But watching more, it's apparent she's not against uncensorship, she's against flat out being lied to and having her contract breached. The reasons for censorship do make sense after her explanations on it being both safer for the actors/actresses and cheaper for the studios which I had never really thought about before. This also means she was essentially also paid much less to do censored but it was leaked as uncensored, which should have gotten her more money. It's not about the money for her, it's about a company taking advantage of its employees, which I think is something all of us can get behind.
Not to mention that in Japan she might also get charged with a crime despite not being a willing participant, because uncensored videos are illegal to produce there especially for profit. She probably never would have agreed to any projects if she knew they would be uncensored since she was doing it for a living, not to get arrested. They did her dirty. Really dirty.
@@kamikaze00007 Uncensored leaks are relatively common, and actresses are not held responsible, and neither are the production companies, because the leaks were by third parties and are unintentional. Kaho is not in any danger of being arrested.
It is ridiculous. She’s trying to get more cash out of her bad decisions. It’s like a druggie sueing you because the watch he stole to fund his habit, turned out to be a counterfeit.
@@rokko_fable My brother she's not an ex-porn actress with no career prospect. She has streaming, cosplay and other revenue stream. She sign the contract agreeing to do LEGAL porn. She's suing because uncensored leaks are ILLEGAL and the production company is not taking the necessary actions
People have to understand legally the company messed up. Contracts are made to abide to them legally. If you don't you lose lawsuit. Kaho is fully aware of her past nor runs away. But you'd have to be ignorant to allow obvious contact to be violated, this is the standard that must abide in japan it's in the law. This isn't about censorship being bad it's about a core baseline law that was made by the government, not the industry.
Yes, but it's not very clear how this illegal thing is causing her damage. She doesn't seem to have an issue with genitals being shown in particular, nor does she want her porn scrubbed off the internet. It's illegal and it's within her rights to ask her uncensored porn not be leaked, but that doesn't explain why she has an issue with it.
I don't think it's greed, it has to be a big fine for the companies to make an example out of them, so next time they'll be more careful about leaks lest they get another huge lawsuit. Also I'm not too knowledgeable about lawsuits but I think I heard you have to sue for more than what you want because it will get negotiated down later.
Once again Shibuya Kaho proves the Steriotypes of Japanese women are False. Honestly, I admire her courage, to fight for what is obviously Right. I find it difficult to understand why Japanese people do not support her. It is, after all your counties LAWS, that are being Broken.
clearly kaho was influence by the western standards cause she know damn well that most porn production studio they will always break the contract and it is not hard to look for uncensored video in the internet and they realest it cause they can earn more money with it so no matter what both side already earn money with it and maybe that porn studio also hire a porn actor especially the second rich generation to do the action in the video and they pay the production studio for being a part of it that is why most man in japan porn video was blurred you know being a porn actress is a risk you got to do what you have to do no question ask and the record is permanent just like being a soldier it is good to become a soldier in a peaceful ear cause not only you have free house to like in when you are deployed and free food and you also receive a salary but the problem is if there was a terrorist attack or war is coming even if you are retired you will be deploy if the man power of the army is not enough as long as you are 30-40 years old retired soldier you have the obligation of being re deployed and if you are in the battlefield and lose both your arms and legs that is your problem in your entire life the government will not care of you they will pay for you that is enough to feed yourself to lived no additional help from the government that is because it is already a packaged of being a soldier you choose it so carry it your self
uh, 40 seconds in and wth are you talking about? How is the [lack of] censoring of genitals the problem if someone uploaded stuff without someone's consent? Censoring or not, they didn't have consent, and ppl will still be able to tell the context. How is the lack of censoring the cause of their damage? Is it [the problem] not obviously the fact that such material *was uploaded without their consent in the first place?* And if they already retired and want to hide their past, then how is censoring genitals going to have any effect at all? Even if they somehow could revoke something like that once they ok'ed it being distributed everywhere online, it is still going to have absolutely no effect as their face is still shown, and the context is still obviously clear to anyone watching. Do you recognize ppl by their genitals instead of their faces???
I really don't understand what the problem is. People have already seen her videos having sex and showing every single part of her body except for the genital area. At that point, how does it affect you if your genital area is being shown or not?
While I think the law is stupid, Kaho and other actors and actresses have a right to be mad when either the law or their contracts are broken. She didn't sign up for uncensored pictures or video being shared, so she deserves some form of compensation and punitive damages towards the company, now that it is.
Whatever is on the internet is on it forever. The internet is overflowing with porn, therefore porn will be on the internet forever. If you don’t want to have pornographic images of yourself on the internet, don’t do porn. It’s that simple. These women, like many women regardless of what they’ve done in their lives, take ZERO accountability for their actions.
Japanse porn outside of Japan isn't really popular because of the censorship. If it were, the consumer demand for uncensored porn wouldn't be so high. It's more due to the fact that it's foreign, that it's different, and to a point, Japanese women are fetishized. It's not about the censorship but the way women are portrayed vs how women are portrayed in the West.
Ultimately it’s about Japanese laws and the agency that allowed the uncensored raw footage to leak. In Japan, many if not all sales are done through physical releases. There are some that sell online copies but they are of the censored, legal kind. Those selling illegal uncensored versions are doing it, illegally…. which is what this is about. Somehow they got the raw footage and put it up for sale for extra money. And once it’s put on the internet, anyone anywhere will grab it, copy it and spread it. So She’s going after the release of the raw video and the agency that shot it originally letting it leak somehow. It’s really not that hard to understand. Don’t try to gymnastic your way around moral superiority through what you assume her intention is. The internet loves to do that and it creates more problems than what people are simply stating their intention to be.
@@GameFuMaster Wouldn't be something new tbh, among indie developers there's a sort of understanding as to why people lean to piracy in the first place and sometimes even make comments on it or messages in the games themselves, Dennaton games encouraged people on australia to pirate hotline miami 2 due to it being banned there which brought a lot of interest and sales to the game
@@XGD5layer that's not how video production works. You have to have an original video before it can be censored. If original videos didn't exist there wouldn't b any at all. And also why is the company pirating their own product?
Another great report, thanks! I think that Kaho has pretty much nailed every point. Clearly the production houses are responsible for the leaks, one way or another. If some videographer kept copies and leaked pre-production footage, it's STILL on the prod-house to have allowed that to happen through neglect. Perhaps it ends up being up to her (or all, collectively) whether or not she buries the companies in question, or whether they put up assets in escrow and pay some of it off into the future. If it doesn't hurt, then it doesn't stop. People's opinions about what the laws were at the time are inconsequential. When these films were shot, everyone knew what the expectations were, unless someone had the foresight to specify what the contingencies were should the legal landscape change in the future. Otherwise, shut up. This also happens to go for the actors in the movies and their desire to be forgotten -- too bad. That was the choice they made and they have to live with it, notwithstanding contemporary issues or subsequent legal changes. I have a problem with the complaint that actors will forever lose their livelihoods. They'll lose THIS career in THIS form, perhaps. If they INSIST on doing THIS exact job, then perhaps they'll need to do it outside of Japan in some other "Free Kimono Zone" locale. Let's face it, many WANT to do this for whatever reason, but legally they simply may not end up with the RIGHT. Perhaps wiping most of these companies out is the right thing to happen. The Japanese people should get to take a fresh look at how all of these pieces fit together and decide what this industry should look like going forward. There's clearly a substantial market for this material domestically and abroad, so it's a resource that the entire society needs to figure out how to allocate and manage. If Japanese want to kill this domestic industry, it's their choice. It already seems like the trend is AWAY from legally distributing this material outside of Japan (for whatever economically suicidal reason) based the fact that some of the legal online retailers are turning away foreign customers.
the videos being leaked have no bearing on her. The company owns the scenes. This would be like Robert Downey Jr suing Marvel, because the original tapes of Iron Man got leaked. Actors have no power over the scenes that were shot.
@@GameFuMaster The difference is the original tapes of Iron Man in your example is not illegal. While on the other hand the uncensored leaks of Kaho is illegal
@@MelonWaterMelon777 are uncesnored leaks illegal? Now that would be an interesting question. Because that would mean possession would be illegal in the first place, which means you wouldn't be able to produce censored porn (since it's obviously recorded uncensored)
@@GameFuMaster Article 175 of the Criminal Code says: "A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. The same shall apply to a person who possesses the same for the purpose of sale" Possession is not illegal if you're not selling/distributing. Watching is also not illegal. You can film all the cocks and vaginas you want as long as you censor them before selling/distributing it's legal. Like you said the company owns the scenes which makes them responsible when the original tapes are being distributed (illegal)
Actually TBF the uncensored is ABIT turn off but these shld be the law to be look at n change not the current dumb law I feel like those ppl just make those law with no study in the industry
Japanese Criminal Code Article 175. "(Distribution of Obscene Objects) Article 175 (1)A person who distributes or displays in public obscene objects such as documents, drawings or recording media contained in electronic or magnetic records is punished by imprisonment for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine, or both imprisonment and a fine. The same applies to a person who distributes obscene records including electronic or magnetic records through the transmission of telecommunications. (2)The same applies to a person who possesses the objects referred to in the preceding paragraph or stores electronic or magnetic records referred to in the same paragraph for the purpose of distributing them for a fee.". So, this is a little bit of a grey area. The company and/or the person(s) behind the scenes of this event are completely liable due to both clause. Though some might argue that since it was distributed overseas, that holds no ground if the distributors are Japanese (citizens). The grey area settles due to the second clause, the "possesion". According to the passage above, possession of explicit content (with exception of content regarding minors) is not illegal if one does not pursue the act of distribution. However, the internet is (for now) forever. All its content visible, to be shared all over. Japanese Citizen + Possession = Legal. Japanese Citizen + Possession + Distribution = Illegal. Yet; for argument's sake - focusing on the "possession and distribution" part, enforcement on that specific clause is nigh impossible. Because it's the internet. And that does not even cover the people beyond the scope of this code (foreigners), whom can distribute as they please. The lawsuit holds ground in regards to the company and/or people responsible. it is company property, maybe. But since leakage simultaneously brought to light that the party still possesses something that should not be shared, and also now categorizes as distribution - they are now liable to the code, because they "possess" and intentionally or unintentionally "distribute (revenue from ads or other sources count as a fee.)". Yet the distribution cannot be halted. Because the internet. In terms of getting a message across, it is justifiable. Said property should have been eviscerated of as soon as the product which adhered to the law was made. Be the motive justice, fame and/or money, the suit still holds ground. At least, in Japan. (Although, I find the fact that mere pixels and mosaics can circumnavigate this article is asinine of the highest order. But bear in my mind; I do not know the culture of the Japanese, nor am i one of them.).
Censored or Uncensored if Kaho or other actresses didnt want their pics of their bits all over the internet they shouldn't have done it the first place, its that simple.
Dude uncesored porn is ILLEGAL. Meaning Kaho is now technically breaking the law because the company/ someone in the company leaked the uncensored video's. This is clearly not about 'having their bits on the internet', this is about her possibly legally liable for said uncensored porn which was leaked from the company. If some prosecutor in Japan wanted to they could now sue Kaho for being in uncensored porn. You see how that is a problem? If not, you are truly dense
@@Sense008This is where your thirst has become apparent, Kaho, hasn't broken any law, its the JAV company that has the rights to those videos and if there is any prosecution it will be the JAV company. But I doubt it as they were leaked by an employee or hacker. She is in a desperate attempt to cover up her past and claim victimhood.
@@acmelbourne HI had never heard of Kaho until after her JAV career, so nice try but no. I like Kaho, sure, she also is physically not my type in the slightest. I like her because my experience of watching her content is that she is smart, funny and creative. Must be some A-grade projection you are engaging in, or something You must feel a unhealthy amount of hatred for people who were in the adult industry, otherwise you wouldn't be saying such stupid things. If she were ashamed or wanted to cover up, why did she write a book about her time in the industry (and not a "JAV is evil" book either) or talk about it happily and openly in a whole sleuth of inteviews? Oh right she wouldn't. Besides, you won't get stuff like that of off the internet no matter how hard you try , which Kaho as former adult actress and current online content creator will be very aware of. As I undrstand the law, ANYONE uncensored in an adult movie is considered liable, which is why faces are often covered up in uncensored porn, to prevent prosecution. Anyway her company broke contract leaving her legally vulnerable. Breaking contract is illegal, hence sueing them is nothing but logical
I absolutely adore Miss Kaho! I saw a video of hers many years ago but after I saw an interview of hers i totally stopped and dont plan on ever watching one ever again, unless i get the awesome privilege of hanging out with her and she insists that i do 😂 ...she's cool like that 😎 Much Respect to her! I realized that she is such an awesome human being, so full of life, and brave, intelligent, witty, and she has a very pleasant, fun, and graceful personality. Obviously I'm a big fan of Miss Kaho. 🤔 ...honestly, i didnt think sensoring and being upset about it was fair until i heard the last few lines she mentions in this interview here. That they could pretend the Intercourse with the sensoring, and the reasons why it is helpful to some actresses. Much respect to the male pornstar gentleman who thinks it is better porn if it encourages one to use his or her imagination more. Beautiful! And the contract was breached, so I hope she wins the case! It's clear she isn't about the money with this!! Thanks for making this interview, my good Sir! Cheers!
Understandable that you wouldn't want ""leaked"" uncensored versions of your adult videos, because that is clearly a failing of the company itself to have released it. However, it is also easy to understand the point about changing the laws regarding censorship, because it doesn't make a lot of sense, as of years ago. You could say it's not explicitly related to Kaho's lawsuit, since it was definitely illegal when those videos were released, but it's another aspect that should probably change.
idk how to tell you this...but once it upload on internet, it will never go away. this is why think before act. I'm not talking about her, I'm talking in general.
Not bashing her but it first started when she made the CHOICE of entering the adult film industry. If she just said no to it. She would not be in this predicament. She needs to take Accountability for her past CHOICE. Fast money, slow problems.
@@KalleDemos666 accountability is a woman's kryptonite. Stop defending her poor choices. Call it on how it is. Myron gaines said it himself, male equivalent to that is a man selling drugs and being a narco dealer.
@KalleDemos666 even if she were financially struggling she could've worked at a convenience store. Out of all the options, she chose to be a whore on camera, contributing to the mental health crisis caused by porn.
And I thought this would be a lawsuit to _get rid_ of that stupid cens or ship. Clearly she just wants money. "Privacy" my a55, someone who works in that field does not care about _that_ kind of privacy...
For all the comments from people with bad listening comprehension: - Uncensored porn is illegal - Kaho performed with that understanding - The company that had the originals, either on purpose of by incompetence, leaked the uncensored originals - Therefore they are involved in legal activity, and also in breach of contract - The reason there are "high" damages is because if there aren't, companies won't take their performers' privacy seriously, and this will happen again and again Personal observations: - If you don't respect sex work, just say so, don't be a coward and argue this is in any way her fault - Arguing that porn shouldn't be censored doesn't retroactively mean companies can distribute their old videos uncensored. That would still be a breach of contract - The "industry" cannot exist without these performers, so it's kinda weird to talk about companies like THEY are the industry, and the performers "just work there". They are both the industry - Japan very much has a culture of "don't make waves", and this always hurts the workers the most, while the companies get to keep going. - Kaho-san knows that if there aren't any consequences, this WILL happen to other people. Arguing that she shouldn't be suing is the same as arguing that the serial sexual harasser in the office shouldn't suffer consequences, because that will hurt the company.
One of the major studios involved attributed the leak to a hack. Whether that's true or not, who knows. If it was someone on the inside, it would be more likely that it was a rogue employee, as it would be a very risky move for the company to do directly. Definitely important to uncover the facts when you're talking liability in a lawsuit. Regardless, they should take a look into the policies regarding data retention of the raw footage. Once the censored version is completed, why should there be leftover raw footage on their servers?
I think she's in it for the money, which she rightfully deserves since it's illegal. But mentally affected and shocked? Far from the truth, but anything goes to win.
If we're being honest the censorship of Japanese porn is pretty pointless. It barely hides anything and means that other parts of japanese porn are more extreme to compensate. Whats more embarrassing for people to see once youve retired, the illegal shot of your uncensored genitals or the petfectly legal clip of your face covered with the semen of 20 different men???
They could blow up the lawsuit by making uncensored legal. I've always thought it was a waste of the Japanese legal systems time hunting down uncensored stuff. If it were legal they could maybe focus on the actual sex crimes that happen. Also I am assuming this has nothing to do with these companies contracting with American companies to release this stuff in America. Seeing as America doesn't have these laws, they would be free to sell the uncensored versions. The production companies are the ones who ultimately own that content. She was hired as talent.
Hmmm.... I understand that even a job as intimate as being an AV actress deserves privacy and respect... ...But it's kind of part-and-parcel of the job? Like she must have understood the potential risk going in that there WILL be material of her online for eternity? Now she regrets it in hindsight? 😕 -I suppose she would have trusted that the producers would keep her content confidential, and there was negligence on their part for illegal (I think?) uncensored content to be released, so she would have legal standing for litigation, no? I don't think she's doing this because it's morally right to get rid of the uncensored footage online, she definitely has her own privacy interests in mind too...
just because theres a potential risk doesnt mean the company shouldnt be liable for being the one who leaked it, if you have a contractual obligation with the actress to only release censored versions within japan. The fact that uncensored versions got leaked from the company outside of japan means that their contractual obligation has been broken, and that means she deserves compensation, and that the company should do a better job securing footage.
The real solution is to not get involved in that industry at all. It not good for anyone involved. Also once something is online there’s really no removing it. Not realistically anyway. All it takes is one person to screen record and save.
Since it's not about the money but to punish the company, she can donate the money because it will be (1) punishing the company, (2) proving that it wasn't the money and it will also have the bonus of (3) helping some institution in need.
While I don't exactly trust miss Shibuya, past accusation's she made have proven she's Mia Kalifa 2 when receipts are dropped, she is absolutely correct in this course of action. Though I would specifically target the leaker if discovery is a thing in the Japanese legal system and hit them the hardest.
what other accusations did she make? I see her hang around that cdawg guy a lot and she always felt like a succubus to me. Like she was using him for clout, but didn't want him to look at her in a s,exual way when she has a past of letting strange dudes bust on her on camera.
The new law is good. In my understanding it has become standard for Japanese companies to want to own your performances and everything you're going to make under contract for anyone in their entertainment industry. RUclipsrs are about the only free agents you see.
Wait, I thought all the d/umb av actresses in Japan were saying that the AV world is like Disney: everybody is kind and nice, and it's very safe ? Next, we will have a yakuza complaining about the retirement system in the Yakuza world.
One thing I don't understand is why do they never think about the consequences of working in this kind of industry. In the first place it's very shady and as a women it would damage your image if people recognise you, being the age of the internet very quickly.
While that is correct some people may not be thinking that far ahead at the time of making said decision. Unfourtanetly that's the case for ALOT of people in the adult industry. I do hope more people from that industry can disuade others into going down that path but if they accept the consequences then that's on them.
No, you definitely can, it just depends on the circumstances. Obviously, a murderer will always be a murderer, but a porn star ain't always gonna be a porn star my guy. Regardless, her uncensored videos getting leaked is illegal, no matter how you split it. She has every right to not be happy about it and want the company to do literally anything about it besides saying, "Oops, my bad."☠️
They're not asking the companies to delete things they agreed to tho. They're online asking the companies not to do illegal things and violate the contracts that all participants agreed to. Big difference.
@@SwitchMaxFX Doesn't mean you should be shielded from the consequences of your own actions. Men make bad decisions all the time and are expected to face the consequences. Women need to be held to that same standard and not protected whenever they don't think far enough ahead.
I don't understand why someone would watch giji with mosaics when theres other options. Like I realize it's more appealing for the people doing it, but why would anyone watch that when something explicit and real is one click away? Kaho is right to sue these people for breach of contract but I find it hard to really care personally. Japan SHOULD uncensor their porn. The whole reason they censored it in the first place is because of the west and post WWII stuff but the west doesn't censor our porn so why should they still be doing it? It makes no sense. I can also very much understand the production companies tough place to be in. Censored porn is just such an unappealing choice when you have easy alternatives so it's no wonder they are struggling financially. Obviously breaking contract is not the appropriate way to respond, but I can see why they'd be desperate.
I think online content distribution is a nightmare for artists companies and users, I feel sometimes that digital media distributed online shouldn't be allowed at all and instead companies should stick to physical media that can be sold online. Is the same with Anime games and music, as soon as it became mainstream and available digitally we started to see lawsuits, congressional sessions and panic about content that was being enjoyed in private, and now we have a culture war that is destroying franchises that we loved for the sake of "inclusion" and political correctness.
If digital copies of any type exist (which includes DVDs and Blu-ray), it will eventually make its way to the internet, regardless of the original intensions.
What we know about Kaho. >molested by elder brother >Gravure at some point >Sports reporter at some point, gets fired for getting run train on by athletes >TRICKED into porn >disowned by parents practically >Porn star for ages >Leaves because of health >hasn't had sex in years despite having the body count of a small village at "23 years old" before her debut.
What I know about Kaho: >Knows all the best themed cafes in Tokyo. >Speaks fluently in English, as well as Japanese. >Has spoken on many occasions to de-stigmatize the AV industry.
I dont understand how anyone that does porn expects to somehow remove the stigma from it to be gone when they stop doing it. Legitimately you should have known better when signing contracts or doing shots. The internet is forever. This is the bed you made, now rest in it...
i will say that i would still like the censorship law to be changed where it is up to the actors and actresses if they want it censored. if at least one does, then it will be censored. otherwise, uncensored is legal. all previous works will stay censored however for simplicity
Ms Kaho case although not completely similar kind of reminds me of Mia Khalifa's fight against the shady guys in the American adult entertainment industry. Unfortunately, Sleaze bags corporations that run the p*** industry is something that both countries have in common.
@@hananokuni2580 I know that porn is not like tobacco or alcohol. It is worse. If you have wrong life goals (or the absence of any goals) you succumb to vices. It's inescapable.
I don't want to sound condescending it is just like a honest question yes the contract was only for censored porn but what makes it different from the uncensored one. how is it meant to protect privacy because if they were censoring the face and it would be a problem if the face leaked.
Just try to apply it to another media. Lets say you wrote a book. You worked with a publisher and editor to shape your book into the exact form you want it. Both you and the publisher signed a legally binding contract to publish the book for you. Then, after publishing, the publisher decides to completely rework sections of the book, maybe even changing the story that YOU wrote, without bothering to ask for your consent. Would this not be a breach of contract?
From what I remember, one of the major studios who had their content leaked said it was the result of a hack. If that's true, then imo the company has less liability for this imo unless they breached some data retention policy for the films in the contract. The uncensored raw footage is always going to exist, the cameras don't auto mosaic lol. Not sure what the common studio practice is, but it would make sense to wipe the raw footage once the censored is accurately made.
@@estarr86 Nope, this is business and companies are more than capable of implementing checks to make sure everything goes according to protocol. If companies are supposed to be sociopathic (i.e. profit-driven) then they should be treated as such.
@@estarr86 Then she'd be the one to be found guilty of breaking contracts and the censorship law. They'll find out whichever is the case during the trial.
Honestly the excuse the company gave is so lame 😂 if you can't manage and follow your contracts then as a company it should be mandatorily closed down permanently.
US has the "You can't drink your booze in park unless you do so from a doggy bag" and no one cares to change it either. It really depends if their citizens are or are not fine with the law as it is. If majority of citizens don't care / want to keep it as it is why bother? It is one of those laws where politicians would be screaming at each other for years while leaving the population wonder if this is the most important topic out there.
Ever consider the rest of the world is wrong? Of course you didn’t. Porn should not be a thing in the first place. Every step to make is more accessible is a step toward the demise of your society.
So let me get this straight. This girl was paid to make porn and she made the porn. Eventually she left the adult industry. The company that owns the rights to the content that she helped to make has leaked or allowed to be leaked the uncensored versions of her porn. Now she's claiming fow bc the company won't do anything about it. Tbh if what the company has done is illegal, than obviously someone needs to be helped accountable. With that said i don't think she's owed anything. The company owns the rights to the content its up to them to decide what to do with it. If she doesn't like not having control over the content than she should have made an onlyfans instead of going into professional porn.
What you need to get straight is the girl agreed to do LEGAL porn. Uncensored versions of her porn is ILLEGAL. That's why she's sueing FYI "The company owns the rights to the content its up to them to decide what to do with it" is not entirely true. If the Actress decide for whatever reason they no longer wants to be in porn, it is illegal for the company to sell it. This is not the case with particular case but an actress can say no at any point, return their appearance fee to the company, and the company CANNOT by law sell the porn she's in.
Unless she can prove SOD as an organization deliberately sought to leaked and distribute pre-edited versions of the films, this really is just a money grab. She should sue the ones who broke the rules and stole that footage... but those criminals don't have 7 million yen so it seems like she wants it to be the production company's fault so she can get a payday. Even Hollywood hasn't been able to stop pre-release cuts of films from leaking. A few years ago one of the Wolverine movies was leaked almost entirely. Again, the production company doesn't gain anything from the acts of untrustworthy employees stealing from them. Kaho Shibuya's way to cope with being a victim is to sue another victim and that doesn't sit right with me.
Yeah but if you don't know the exact person who leaked the footage, it's on the company who owned the footage to begin with. And really, it's their responsibility to keep the footage from getting out as well so if an untrustworthy employee does something bad that involves the company, then the company will get punished as well as the employee (if they know who they are.) For example, in my own job, if I did something that made one of my company's clients upset that the company had to compensate them for, I would get punished too, but probably not to the extent of my company because it's their responsibility to train me and make sure I am doing my job correctly. If it's bad enough, I could get fired...but our client isn't gonna go after me personally because, at the time I was under their "jurisdiction" for lack of a better term. Kaho's case is slightly more serious because it technically involves crime, but it's white collar crime so unless the production companies know who leaked it, which I highly doubt, then it is essentially their fault for not protecting her well enough.
@@evapunk333 how do you know she didn't leak it herself to get a payday? She is a whore maybe she leveraged her vagina to get an uncensored copy and the employee is literally in bed with her. The perfect crime for a prostitute.
these uncensored leaks aren't actually uncensored but mostly are AI processed videos. yeah, you could use AI nowadays to remove censorship and don't ask me how I know.
There were a large set of films that were part of a 2021 leak that were the original uncensored raw footage, a lot were BTS clips. Wasn't the ai processed stuff.
It should probably be underlined that 7m yen is $50k. She's not bankrupting the industry nor is she doing this for the money. $50k isn't worth her time. She doesn't need this publicity for anything. She's not a forgotten ex-pornstar doing this for attention and/or to feed her crippling heroin addiction. You really don't need to dig too deep to find out that's she's doing pretty ok in the money/attention department. The lawsuit isn't even a good publicity stunt. So as far i see, she's doing this for principle or she has the worst manager/publicist.
Censorship laws in Japan are absurd, other countries don't cause themselves this much trouble. Also, if someone gets into such an industry, consequences ensue, regardless of whatever the laws state, it's expectable that absurdly optimistic laws can simply never be enforced.
This is some stupid ass shit. "If someone gets into such an industry, consequences ensue." Get the fuck out of here! This is the kind of shit people say to justify letting women get sexually harrassed and raped. Accepting that "consequences ensue" and doing nothing about it is the reason these "consequences" keep happening and people keep getting hurt. Just because you can know that there is a risk of something bad happening doesn't mean that you should just accept it and that the people who cause those bad things to happen shouldn't be punished for it. Yes, Japan's porn censorship laws are weird and outdated but if the actors who sign up for them don't want their genitals uncensored then THEY SHOULDN'T BE,you goddamn weirdos lol it's not that hard to understand
so what if other countrys dont cause themsels so much trouble means shiet u braindeads have no right what other countrys laws are i bet u from the usa/west o coz i have this alw u should to stfu
What's absurd is how much you support illegal conduct if you get to w*** off on it... It's totally irrelevant what you think about the law. Germany doesn't care either whether you think it's silly you're not allowed to do a Hitler salute in public. When you're there, you abide by the local laws. Being a narcissist doesn't put you above the law.
Yeah because hackers are so easy to find...🤦♂️🤦♂️ She's going after the only people she can, the people that own the footage because it was their responsibility to keep it safe.
@@evapunk333 really? Like how it's a woman's responsibility not to get raped? Is it because of what the company was wearing was that why they were robbed?
This was really interesting. I now actually understand censorship, because Giji sounds like a reasonable thing. And without censorship it would be impossible. And the woman you interviewed was clearly okay with censored pictures, but not with uncensored pictures. And her point about "if they want to be taken seriously as an industry, they have to act properly and respectful" is very valid. Thank you for this interview.
4:41 I feel strange about people from abroad criticizing this woman, because this women only fight for the Japanese region, right? So why are there people from abroad who criticize this ? I feel that what this woman is fighting for is not wrong and this issue is also not something that concerns women all over the world. so, I think there is no reason for people abroad to criticize her.
If that video comoany broke the contract terms and is also not following current law then def Kaho should win because that is not ok to breal a legal agreement. Claiming ..... "mental damage" however is a bit of an extreme stretch given her former career and just how much adult things she did on video in that craeer,,,, .. theres videos of her taking on dozens of guys etc etc....water sports..thers a long list.. Her adult past is one of the main reasons she has such a massive fandom nowadays. If for example there were never any adult videos of her online and instead she was "kaho" the office lady, who started streaming on twitch or making youtibe videos, it would be a very different reality.
"She's only doing it for the money..." until you realize 7 million yen is the equivalent of about $50,000 US. I do find it cute though that they think they can "remove it from the internet"
Regardless of what you think of the censorship laws in Japan, or what you think of porn or the people who work in the industry, the fact of the matter is that she signed a contract with a company to do a job that stated that all her work would fall within the bounds of Japanese law. The company is now not only breaking that contract, but also putting her in the crossfire to fall afoul of the law, despite having done nothing wrong or illegal herself. This is a serious breach of labour practices and simple exploitation, plain and simple. Companies should not be let off the hook for this behaviour, but they do it because they know their employees are vulnerable and in no position to challenge them. She's right to fight them, and I hope she wins.
That's a very good take on the matter. Kudos to you.
God you are so articulate that even a dumbass like me could understand the severity of this situation and how important Kaho’s actions are to protect herself & people vulnerable to such predatory practices by jav companies
Seriously good take.
On the surface, two big issues by themselves are the contract violation and the inherent violation of privacy that goes with it. Still ignoring the censorship laws, some porn is done with the eyes or the full face censored. And especially in those cases, you have options, whether black bar, white cloud, blur, or mosaic. Point being, if the actress agrees to one thing in the contract, but the studio releases a completely different thing, that breaks the contract. If it makes her more recognizable as a result, that's a further possible damage.
But absolutely like you point out, this is additionally bad because the company makes them unwittingly complicit in something illegal. This would be the same as a company "withholding" part of your paycheck for taxes, and then continuing to "withhold" it in their accounts instead of paying it to the tax agency: damaging to you, violates the law, but does it in such a way that the government may come after you for it.
Good for Kaho, I hope she wins and sets an example for other women who are being illegally taken advantage of by breach of contract and law.
Legality is law, it’s a slippery slope to selectively apply law because of social Justice, look what it’s doing in Canada, just a warning to Japan on that.
@@ironhell813
They broke the law, a law that is clearly stated in their contract. There is no slope of applying an obvious contract agreement.
@@ironhell813 Oh my god, are you talking about the about the fucking pronoun thing? It's been in effect for six years, no one has gone to jail over misgendering someone - and I assure you, it is NOT for a lack of fear of doing so. You cannot be jailed for misgendering someone. You also can't be jailed for using racial or religious slurs. You could be jailed for using this to consistently harass and abuse an individual, but that goes for any protected class because harassment and abuse are illegal.
And could someone go to jail for using the wrong pronoun? In the Criminal Code, which does not reference pronouns, Cossman says misusing pronouns alone would not constitute a criminal act.
You would need to be serially harassing and abusing someone with it in order to go to jail for it. So if the sick fucks who protest outside of funerals are okay, I think the transphobes will be too unless they decide to break the actual law.
This takes ten seconds of research. So like, I guess this is a warning to western countries that the education system is failing and we should be incredibly concerned about reading comprehension and the understanding of basic human rights.
@@hjp11 Seems pretty clear-cut. At the time she was payed for uncensored scenes and that's all the production company have rights to. Using "leaks" as a form of marketing in all likelihood is only beneficial to the company, assuming Kaho doesn't get any residuals. And that's all without the whole, still illegal in Japan part.
porn is just bad overall, it sexualizes and objectifies woman's bodies
Everyone claiming "Kaho is just trying to clean up after herself!" is entirely missing the point that the company letting the uncensored videos be leaked is illegal, and they refuse to do anything about it besides giving her an "Oopsie Daisy, my bad fam". Literally do not care what your opinion on Kaho is. What the company did is illegal, and she has every right to sue🤷♂️
I am sorry but let me get this straight they make porn and than when they are done the complain the porn is on the internet uncensored. Yeah sounds Exactly like cleaning up.
This 💯
@@Dwd84the problem isn't that it's on the Internet. The problem is the raw tapes uncensored tapes got leaked and they aren't enforcing their copyright and basically aren't gonna do anything unless Kaho sues.That's the problem.
While on the face of it, with no context your statement is true... her reason for the lawsuit though seems to be "Girls who leave the industry and don't want to be associated with it feel powerless, it's very embarrassing if it is brought up later." It seems to actually have very little to do with the "uncensored" issue. To which I say: the only way to make sure noone ever sees you doing porn, is to not do porn. The lawsuit may have grounds technically in the law, but it's a bit bullshit this has something to do with censored/uncensored.
@@matten_zero Oh sure its not because se plans to get her only fans of the ground no no its because the porn tapes she made are now available on the internet uncensored. You do know There's actually no explicit "you must censor porn" law. In japan
The supposed requirement to censor Japanese porn emerged from precedent cases that bastardized Article 175 of Japan's criminal code:
A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. The same shall apply to a person who possesses the same for the purpose of sale.
Well, that's pretty vague, huh? It basically says that it's illegal to sell or distribute obscene materials.
What exactly is the definition of "obscenity?" Countless courts, countries, and societies have wrestled with this question over the course of human history. Is there some benchmark or guideline? I'm of the belief that obscenity--like beauty--rests in the eye of the beholder, making it a challenge to objectively regulate. Obscenity is such a subjective thing that it's impossible to regulate without concrete benchmarks and guidelines that at least reflect the general consensus of modern society.
Instead, Japan relies solely on precedent cases to interpret this law. Apparently, the current interpretation is that the male penis and the female vagina are obscene. How depressing! I've always considered the human body a thing of sheer beauty.
A law like this that's defined exclusively through precedent is a danger to society, as it swings based on the whims of the judge presiding that day.
Porn censorship is in direct conflict with Japan's constitutional right to freedom of speech and expression.
Article 21 of Japan's constitution states this:
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.
But whatever who cares about facts. While we have pseudo intellectuals here who think to know Japanese law
Thanks! English tip: when saying they are doing something to avoid Japanese law, instead of sating "get away from the Japanese law" a common phrase would be "to get around." "To skirt" could also be used ("to get around Japanese law" / "to skirt Japanese law".) Hope you take this comment in the helpful spirit it was made!
Thanks for the tip!
Never saw any of her work in adult films, I know her from her content creation on youtube. It's very cool that she is so open about the work she used to do, it's interesting to hear her stories. I really hope she destroys these people for what they've done. She seems like such a lovely person and deserves so much better than this. You can't demand to be recognised as legitimate while also breaking the law.
The only thing you really can do to avoid scandal is to be open about it. You can't blackmail somebody if it's common knowledge.
@BlackEpyon how can even someone blackmail her? Like i have i pictures where your vagina ain censured when the pictures with her asshole not censured are legal
If her contract said, that the videos are censored, then i think she is absolutly right about her lawsuit. Especially with the laws at that time.
I hope she wins and make the conditions better for every actor and actress in that business. Stay strong and always stand up for your rights!
Conditions will likely get worse, because the only way to stop something like this is even more draconian laws that cause more problems than they fix.
Pretty sure the contract does not actually need to specify that, if it is illegal then the company is automatically in breach, people cannot agree to engage in illegal activities, such a contract would be null and non-binding.
@@Somerandomguy524i was thinking if in the contract theres mentioning for the company has the right to sell uncensored ones. or if the contract says all videos sold must be censored
if nintendo take leaking stuff that seriously and gaming company than by business standards it counts but I prefer uncencorship which od people want so removed censoring in first place that dumb law
@@lqfr8813 the company can never have the right to sell uncensored versions because doing so is illegal. If the contract said that, then the contract becomes void.
How can the company claim it's not their fault is beyond me. They are literally the ones that created the uncensored ones (by filming them) so it's their duty to censor them. A leak could not have happened without someone from inside
I suppose it depends if the company is actively leaking it and making money from it or if it was just 1 employee that has leaked it against the companies will, in that case it is the fault of that specific employee, they should be held accountable.
@@syproductions456I'm not sure how fault works in Japanese law, but at least in many places in the west, the company assumes liability for the actions of their staff. If security was lax enough that one editor or some such was able to ferret away an uncensored copy and distribute it independently, then the company would be liable for not being able to stop him. The company could sue the individual to recoup losses, since he committed a crime, but the company would still be at fault civilly for failing to secure what was, in its original form, illegal to individually possess.
If the company did it intentionally, then at least in other parts of the world, it rises to the level of a criminal act.
How do we know she's not the one leaking her own uncensored video and then sueing the company for leaking it? Sounds like a good scam to me.
@@estarr86 why would she have the raws of videos she doesn't own? She was just a performer, not a cameraman, editor, director, or producer.
Sounds to me like you either want to be contrarian because being different is "cool," or you have an agenda.
@@estarr86 bruh you did not just say that. You think that it could not be tracked down to her??? Not everyone is as dmb as you to try and pull something like that💀
I agree that as long as this dumb law exists, and a company is breaking it, then Kaho should be compensated for both a breach of contract and because you know, they're breaking the law. At the same time though, it does shine a light on the elephant in the room, and that's asking "why does this law saying porn has to be censored even exist?" I think Kaho should be compensated for damages, but AFTER that I do think people should question the law being there in the first place.
It's an old law dating back to decency laws. It's one of the oddities (from our perspective as westerners) of Japanese culture.
@@matten_zero Yeah I know, but it's also led to some wierd peculiarities. Not just the Giji thing she talked about, but also the use of, for lack of a better word, "stunt dicks". Like they're wearing something over their actual dick to make it look bigger, but it's not the real thing, and apparently in these uncensored leaks it's super obvious when they're wearing one.
there's also a law which basically makes prostitution legal, but vaginal penetration illegal. So you can basically do everything but that
@@GameFuMaster Not quite. Prostitution is illegal, but prostitution is legally defined as ONLY being paying for vaginal penetration. Which means anything that isn't that, legally isn't prostitution. It's all just a legal loophole. And the way they get around it is basically someone goes to the soapland girl, he pays for another services, and then she just decides that she WANTS to have sex with him, no charge. It's so blatantly transparent in what it is but technically no crime is being committed.
@@SeruraRenge11 too bad health delivery services don't use this "loophole" either, as far as I'm aware.
Seeing the comments against her in here and the upvotes they get is disheartening.
Contract was breached, this isnt what she signed up for, end of. Doesnt matter what your opinion is.
A company lied to her (and other JAV Actresses) to save money and other resources while intentionally underpaying them and using their image for said illegal distribution.
I think censored porn has always been stupid, but if you look at it like "A company lied to it's workers and not only broke the law, but used said workers image to do it" sounds like something everyone should understand.
I don't see any of the comments you're talking about.
Showing evidence in the courtroom is so awkward.
Lawyers be like:
“In 2014 Ms. Shibuya, according to the records if your previous employer, many of your videos were censored as you all can see up on this 65-inch wide screen.” 👾
“Now in 2023, after your videos leaked onto pirated websites, they became uncensored and this was the result.” 😈
Me irl in the courtroom 🥜🥵🥵🥴👋✊👋🍆
but does wonders for jury duty compliance
She should have chosen a more respectable career.
@@TheMadMonk9 Independently of what law-abiding job someone has, they have rights and therefore able to fight for them
I admire her courage for holding them to account. The sacrifice of time, and stress in the process is something many people cannot deal with in normal daily life. In the U.S. being on either side of a lawsuit is usually a nightmare.
First, we have to see this as a labor dispute. The main issue was not the consequences of her actions but rather a contract violation.
Uncensored jav is actually illegal. So, if there are uncensored versions of her work circulating the internet, she is also legally responsible. So, to remove her part from the fiasco, she is somehow compelled to sue the company. Not only that, if the contract said she would do it only if the final product is censored, then no such uncensored copy should exist in the first place. If leaks of an uncensored copy (even if the company was never aware of it) is found in the internet, the sole responsibility to protect the integrity of the work lies in the production not the talent because the former owns the product.
Therefore, she has the right to sue the company for failing to comply with the provisions of the contract.
Now, the company should pursue the leakers and the admins of websites that used their work without permission. After all, it's their copyright that had been breached.
Thank you. Go Kaho. May your case serve as a protection for other girls!
She is not legally responsible for the leak. The video she made was legally released uncensored. She had no involvement in the leak, so she's not legally on the hook under Japanese law. And even though her work was released censored, of course there's an uncensored version. These things are shot without censorship, then censored in postproduction. The camera doesn't automatically add the pixellation, so every censored Japanese AV has an uncensored master or masters. Every AV actress knows this. Uncensored leaks aren't even uncommon. Its just one of those things that happens, like cut Disney movie footage leaking out to the internet. The company didn't release the uncensored footage themselves, so they didn't violate their contract with her.
@@1000rogueleaderThey kind of did breach contract because at the very least, they didn't protect her past content well enough to not get illegally distributed. They are responsible for not letting that get out and if they aren't doing much to prevent that, then they are responsible. And really, for Kaho, not everyone is going to understand that she only agreed to be in censored videos. I highly doubt she will be arrested, but it doesn't look that great for her to be associated in something that is technically illegal because that's not what she agreed to. Personally, I think this will put some coals under the asses of these production companies to protect their talents a little bit better and take better precautions against letting the raw videos get out to the public.
@@1000rogueleader "Uncensored leaks aren't even uncommon" still doesn't make it legal.
"The company didn't release the uncensored footage themselves" but they own the masters which make them responsible for the uncensored footage. Which means they DID violate their contract with her.
A contract is a contract, so if companies break it Kaho and all the former AV actors and actresses have the right to suit them. Kaho is a very intelligent woman who knows what she's talking about. In our Western perspective, the Japanese censorship is absurd, but they have their own laws and regulations, so we can say whatever we want but Japan is a different story
All she does it's protecting people from being treated like how she experienced, changing law is tough in Japan...
Wish the best for her cuz it's something that should be done ages ago
There seems to be a lot of comments in this video that show people are getting overly focused on whether or not it is good to have 'decency laws' such as the ones governing the censoring of genitalia in Japanese porn and missing the main point of the lawsuit. The point is that the people featured in these videos were hired under to partake in them with certain set conditions stated such as the censorship that is a central feature of Japanese porn.
With the videos being leaked without the censorship in place at a later time without the participants knowledge or any alteration of existing agreements this becomes a straightforward breach of contract issue alongside a possible loss of standing for those in said videos and a breach of privacy. There is also the point that the people in the videos are now unwitting participants in a breach of Japanese law which could well have ramifications depending on how thorough and and robust public prosecutors might decide to be. Remember Japanese law does not take the 'innocent until proven guilty' tract with people who are accused of something having a very uphill battle in order to clear their name of any suspicion.
How people feel about the censorship law has nothing to do with this. They broke the law that's currently in place, that is the issue.
See if anyone cares in this case 😄
@@greenleafe1238 Japan's judicial system appears to care a lot ngl
So many people in the comments that are straight up missing the point/idea and are just going "if you didn't want it out there you shouldn't have done it in the first place".
Like way to go I see reading and listening comprehension is dead these days.
I think the censorship laws should be abolished in Japan
That said, these people did the work during a time those laws were in place, so I hope they retain the rights they agreed to at the time of the work.
Unless you're a Japanese citizen, how you feel about their laws is of zero concern or interest to anyone. Your second statement is 100% spot-on.
So she had no problems getting piped on camera but as soon as the unpixelated version goes public she has a problem?
We've seen 98% of her body, 2% doesn't make any difference.
@@ashesofhopesinabonfireofdr6341 who's "We?". you sound like someone who would leak nudes after a breakup
@@ashesofhopesinabonfireofdr6341 Word.
@@ashesofhopesinabonfireofdr6341 the point is law is broken
She presents some interesting points, especially from an actresses perspective. But I think the biggest issue with genital censor in Japan is how the Japanese view shame in their society, which is different than how it is viewed in places like the US or Europe. In this context Kaho Shibuya is right to sue, since that damages her image within Japanese society beyond her status as a (former) porn actress. Some would say the solution is to just remove censorship all together, but that would only make things worse because of how Japanese society views explicit sex. The whole fake intercourse thing is pretty interesting for many reasons and from many perspectives.
Thank you Nobita, for this well made and well thought content.
Many other creators are asking for it to be uncensored though , I think its on the bill now. Because doujin porn have uncensored versions that mostly overseas fans received by also legal means but domestic consumers don't get it. The creators wanted some fair things for their local fans too as a thank you for constant support
the doujin and AV censorship was different based from my experience. is not like doujin can portray the genital like real things so it not really problem.
but for av maybe it was better to censor it because there's a lot of new av being release every day, week. and watching all of that just make 1 things boringness. I think it was great that they are getting censored so I can just fantasize what really happen and not shy with my own genital. also, it helps having uncensored one because sometimes seeing the true genital shape make me hornier too.
for me I just hope all these new laws will bring better to the industry and didn't make them disappear. if JAV gone then idk it will be like we just lost very big cultural stuff. like nowadays is more hardcore genre became rare and almost like disappear. it sad seeing we can't see video like that happen in past again because at the time the industry probably exploits many people to starring the AV.
@jackdarrow3011 bro there is billion of porn already even if its get complicated banned in all world you will still have content for centuries
@@1chibanKasuga yeah billion of content with crappy video quality. Also it's always the same generic genre. The stupid and hardcore genre only had maybe several thousand video only.
I don't condone making porn, it is their decision, but i think that she is right. People need to be protected in every industry. I like Kaho, follows her on youtube and insta, and she has great content, she is funny, smart and very talented in different area, also brave to push something like this.
noone actually asked if you condone it or not
@@samandy7116So what? the comment section is to express people's opinion
@@samandy7116 hahahaha, U are so funny. If no one ask me, who ask U, why did U have need to tall me this?
@@martiddy Don't care, didn't ask.
@@samandy7116I did
Personally... I hope she wins!
At first I thought it was kind of ridiculous for her to make such a big deal out of having illegal leaks despite not having anything held against her on that. But watching more, it's apparent she's not against uncensorship, she's against flat out being lied to and having her contract breached. The reasons for censorship do make sense after her explanations on it being both safer for the actors/actresses and cheaper for the studios which I had never really thought about before. This also means she was essentially also paid much less to do censored but it was leaked as uncensored, which should have gotten her more money. It's not about the money for her, it's about a company taking advantage of its employees, which I think is something all of us can get behind.
Not to mention that in Japan she might also get charged with a crime despite not being a willing participant, because uncensored videos are illegal to produce there especially for profit. She probably never would have agreed to any projects if she knew they would be uncensored since she was doing it for a living, not to get arrested. They did her dirty. Really dirty.
@@kamikaze00007 Uncensored leaks are relatively common, and actresses are not held responsible, and neither are the production companies, because the leaks were by third parties and are unintentional. Kaho is not in any danger of being arrested.
It's still ridiculous, ai can remove it easily anyway. It's a corn star battle, whatever 🤌
It is ridiculous. She’s trying to get more cash out of her bad decisions.
It’s like a druggie sueing you because the watch he stole to fund his habit, turned out to be a counterfeit.
@@rokko_fable My brother she's not an ex-porn actress with no career prospect. She has streaming, cosplay and other revenue stream. She sign the contract agreeing to do LEGAL porn. She's suing because uncensored leaks are ILLEGAL and the production company is not taking the necessary actions
People have to understand legally the company messed up. Contracts are made to abide to them legally. If you don't you lose lawsuit.
Kaho is fully aware of her past nor runs away.
But you'd have to be ignorant to allow obvious contact to be violated, this is the standard that must abide in japan it's in the law.
This isn't about censorship being bad it's about a core baseline law that was made by the government, not the industry.
Yes, but it's not very clear how this illegal thing is causing her damage. She doesn't seem to have an issue with genitals being shown in particular, nor does she want her porn scrubbed off the internet. It's illegal and it's within her rights to ask her uncensored porn not be leaked, but that doesn't explain why she has an issue with it.
I don't think it's greed, it has to be a big fine for the companies to make an example out of them, so next time they'll be more careful about leaks lest they get another huge lawsuit.
Also I'm not too knowledgeable about lawsuits but I think I heard you have to sue for more than what you want because it will get negotiated down later.
Once again Shibuya Kaho proves the Steriotypes of Japanese women are False.
Honestly, I admire her courage, to fight for what is obviously Right.
I find it difficult to understand why Japanese people do not support her.
It is, after all your counties LAWS, that are being Broken.
clearly kaho was influence by the western standards cause she know damn well that most porn production studio they will always break the contract and it is not hard to look for uncensored video in the internet and they realest it cause they can earn more money with it so no matter what both side already earn money with it and maybe that porn studio also hire a porn actor especially the second rich generation to do the action in the video and they pay the production studio for being a part of it that is why most man in japan porn video was blurred you know being a porn actress is a risk you got to do what you have to do no question ask and the record is permanent just like being a soldier it is good to become a soldier in a peaceful ear cause not only you have free house to like in when you are deployed and free food and you also receive a salary but the problem is if there was a terrorist attack or war is coming even if you are retired you will be deploy if the man power of the army is not enough as long as you are 30-40 years old retired soldier you have the obligation of being re deployed and if you are in the battlefield and lose both your arms and legs that is your problem in your entire life the government will not care of you they will pay for you that is enough to feed yourself to lived no additional help from the government that is because it is already a packaged of being a soldier you choose it so carry it your self
uh, 40 seconds in and wth are you talking about? How is the [lack of] censoring of genitals the problem if someone uploaded stuff without someone's consent? Censoring or not, they didn't have consent, and ppl will still be able to tell the context. How is the lack of censoring the cause of their damage? Is it [the problem] not obviously the fact that such material *was uploaded without their consent in the first place?*
And if they already retired and want to hide their past, then how is censoring genitals going to have any effect at all? Even if they somehow could revoke something like that once they ok'ed it being distributed everywhere online, it is still going to have absolutely no effect as their face is still shown, and the context is still obviously clear to anyone watching. Do you recognize ppl by their genitals instead of their faces???
This is an intellectual property violation of the actress. Sue their pants off!! Pardon the pun.
she signed up to do porn, she should know what she's getting into.
😏
I wish Kaho-san good luck. I don't think her suit will fix the leaked content, though.
She's just after a few million yen
I really don't understand what the problem is. People have already seen her videos having sex and showing every single part of her body except for the genital area. At that point, how does it affect you if your genital area is being shown or not?
If you can grab extra money from it, it can affect you big time
Two socialists talking nonsense about contracts and laws.....Bravo ldiots!
@@jorgeguanche5327 lmai who are you dumbass?
$$$$$ cha-ching!
If you do not want the exposure of your body, do not become a porn star, its simple, if you accep, be prepared for the consequences.
While I think the law is stupid, Kaho and other actors and actresses have a right to be mad when either the law or their contracts are broken. She didn't sign up for uncensored pictures or video being shared, so she deserves some form of compensation and punitive damages towards the company, now that it is.
Whatever is on the internet is on it forever.
The internet is overflowing with porn, therefore porn will be on the internet forever.
If you don’t want to have pornographic images of yourself on the internet, don’t do porn.
It’s that simple.
These women, like many women regardless of what they’ve done in their lives, take ZERO accountability for their actions.
-If you don’t want to have pornographic images of yourself on the internet, don’t do porn
She is fine that the porn is out there.
Japanse porn outside of Japan isn't really popular because of the censorship. If it were, the consumer demand for uncensored porn wouldn't be so high. It's more due to the fact that it's foreign, that it's different, and to a point, Japanese women are fetishized.
It's not about the censorship but the way women are portrayed vs how women are portrayed in the West.
that and japanese women are much more feminine. the way western actresses act is such a turn off.
Ultimately it’s about Japanese laws and the agency that allowed the uncensored raw footage to leak. In Japan, many if not all sales are done through physical releases. There are some that sell online copies but they are of the censored, legal kind. Those selling illegal uncensored versions are doing it, illegally…. which is what this is about. Somehow they got the raw footage and put it up for sale for extra money. And once it’s put on the internet, anyone anywhere will grab it, copy it and spread it. So She’s going after the release of the raw video and the agency that shot it originally letting it leak somehow. It’s really not that hard to understand. Don’t try to gymnastic your way around moral superiority through what you assume her intention is. The internet loves to do that and it creates more problems than what people are simply stating their intention to be.
so the production company is encouraging piracy of their own product? Makes no sense.
@@GameFuMaster Wouldn't be something new tbh, among indie developers there's a sort of understanding as to why people lean to piracy in the first place and sometimes even make comments on it or messages in the games themselves, Dennaton games encouraged people on australia to pirate hotline miami 2 due to it being banned there which brought a lot of interest and sales to the game
Only the website hosting the uncensored video is liable. They're probably not based in Japan.
@@estarr86 It's not a version that should have existed outside production in the first place, so it's the production company's fault.
@@XGD5layer that's not how video production works. You have to have an original video before it can be censored. If original videos didn't exist there wouldn't b any at all. And also why is the company pirating their own product?
Another great report, thanks!
I think that Kaho has pretty much nailed every point. Clearly the production houses are responsible for the leaks, one way or another. If some videographer kept copies and leaked pre-production footage, it's STILL on the prod-house to have allowed that to happen through neglect.
Perhaps it ends up being up to her (or all, collectively) whether or not she buries the companies in question, or whether they put up assets in escrow and pay some of it off into the future. If it doesn't hurt, then it doesn't stop.
People's opinions about what the laws were at the time are inconsequential. When these films were shot, everyone knew what the expectations were, unless someone had the foresight to specify what the contingencies were should the legal landscape change in the future. Otherwise, shut up. This also happens to go for the actors in the movies and their desire to be forgotten -- too bad. That was the choice they made and they have to live with it, notwithstanding contemporary issues or subsequent legal changes.
I have a problem with the complaint that actors will forever lose their livelihoods. They'll lose THIS career in THIS form, perhaps. If they INSIST on doing THIS exact job, then perhaps they'll need to do it outside of Japan in some other "Free Kimono Zone" locale. Let's face it, many WANT to do this for whatever reason, but legally they simply may not end up with the RIGHT.
Perhaps wiping most of these companies out is the right thing to happen. The Japanese people should get to take a fresh look at how all of these pieces fit together and decide what this industry should look like going forward. There's clearly a substantial market for this material domestically and abroad, so it's a resource that the entire society needs to figure out how to allocate and manage. If Japanese want to kill this domestic industry, it's their choice. It already seems like the trend is AWAY from legally distributing this material outside of Japan (for whatever economically suicidal reason) based the fact that some of the legal online retailers are turning away foreign customers.
the videos being leaked have no bearing on her. The company owns the scenes.
This would be like Robert Downey Jr suing Marvel, because the original tapes of Iron Man got leaked.
Actors have no power over the scenes that were shot.
@@GameFuMaster The difference is the original tapes of Iron Man in your example is not illegal. While on the other hand the uncensored leaks of Kaho is illegal
@@MelonWaterMelon777 are uncesnored leaks illegal? Now that would be an interesting question.
Because that would mean possession would be illegal in the first place, which means you wouldn't be able to produce censored porn (since it's obviously recorded uncensored)
@@GameFuMaster Article 175 of the Criminal Code says:
"A person who distributes, sells or displays in public an obscene document, drawing or other objects shall be punished by imprisonment with work for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine. The same shall apply to a person who possesses the same for the purpose of sale"
Possession is not illegal if you're not selling/distributing. Watching is also not illegal. You can film all the cocks and vaginas you want as long as you censor them before selling/distributing it's legal.
Like you said the company owns the scenes which makes them responsible when the original tapes are being distributed (illegal)
@@GameFuMaster You clearly know nothing about contracts or the law. You could also watch his other videos on this and learn something. Anything.
it's confusing.
Actually TBF the uncensored is ABIT turn off but these shld be the law to be look at n change not the current dumb law
I feel like those ppl just make those law with no study in the industry
Japanese Criminal Code Article 175.
"(Distribution of Obscene Objects)
Article 175
(1)A person who distributes or displays in public obscene objects such as documents, drawings or recording media contained in electronic or magnetic records is punished by imprisonment for not more than 2 years, a fine of not more than 2,500,000 yen or a petty fine, or both imprisonment and a fine. The same applies to a person who distributes obscene records including electronic or magnetic records through the transmission of telecommunications.
(2)The same applies to a person who possesses the objects referred to in the preceding paragraph or stores electronic or magnetic records referred to in the same paragraph for the purpose of distributing them for a fee.".
So, this is a little bit of a grey area.
The company and/or the person(s) behind the scenes of this event are completely liable due to both clause. Though some might argue that since it was distributed overseas, that holds no ground if the distributors are Japanese (citizens).
The grey area settles due to the second clause, the "possesion". According to the passage above, possession of explicit content (with exception of content regarding minors) is not illegal if one does not pursue the act of distribution. However, the internet is (for now) forever. All its content visible, to be shared all over.
Japanese Citizen + Possession = Legal.
Japanese Citizen + Possession + Distribution = Illegal.
Yet; for argument's sake - focusing on the "possession and distribution" part, enforcement on that specific clause is nigh impossible. Because it's the internet. And that does not even cover the people beyond the scope of this code (foreigners), whom can distribute as they please.
The lawsuit holds ground in regards to the company and/or people responsible. it is company property, maybe. But since leakage simultaneously brought to light that the party still possesses something that should not be shared, and also now categorizes as distribution - they are now liable to the code, because they "possess" and intentionally or unintentionally "distribute (revenue from ads or other sources count as a fee.)". Yet the distribution cannot be halted. Because the internet.
In terms of getting a message across, it is justifiable. Said property should have been eviscerated of as soon as the product which adhered to the law was made. Be the motive justice, fame and/or money, the suit still holds ground. At least, in Japan.
(Although, I find the fact that mere pixels and mosaics can circumnavigate this article is asinine of the highest order. But bear in my mind; I do not know the culture of the Japanese, nor am i one of them.).
Censored or Uncensored if Kaho or other actresses didnt want their pics of their bits all over the internet they shouldn't have done it the first place, its that simple.
Dude uncesored porn is ILLEGAL. Meaning Kaho is now technically breaking the law because the company/ someone in the company leaked the uncensored video's. This is clearly not about 'having their bits on the internet', this is about her possibly legally liable for said uncensored porn which was leaked from the company. If some prosecutor in Japan wanted to they could now sue Kaho for being in uncensored porn. You see how that is a problem? If not, you are truly dense
@@Sense008This is where your thirst has become apparent, Kaho, hasn't broken any law, its the JAV company that has the rights to those videos and if there is any prosecution it will be the JAV company. But I doubt it as they were leaked by an employee or hacker. She is in a desperate attempt to cover up her past and claim victimhood.
@@acmelbourne HI had never heard of Kaho until after her JAV career, so nice try but no. I like Kaho, sure, she also is physically not my type in the slightest. I like her because my experience of watching her content is that she is smart, funny and creative. Must be some A-grade projection you are engaging in, or something
You must feel a unhealthy amount of hatred for people who were in the adult industry, otherwise you wouldn't be saying such stupid things. If she were ashamed or wanted to cover up, why did she write a book about her time in the industry (and not a "JAV is evil" book either) or talk about it happily and openly in a whole sleuth of inteviews? Oh right she wouldn't. Besides, you won't get stuff like that of off the internet no matter how hard you try , which Kaho as former adult actress and current online content creator will be very aware of.
As I undrstand the law, ANYONE uncensored in an adult movie is considered liable, which is why faces are often covered up in uncensored porn, to prevent prosecution. Anyway her company broke contract leaving her legally vulnerable. Breaking contract is illegal, hence sueing them is nothing but logical
I absolutely adore Miss Kaho!
I saw a video of hers many years ago but after I saw an interview of hers i totally stopped and dont plan on ever watching one ever again, unless i get the awesome privilege of hanging out with her and she insists that i do 😂 ...she's cool like that 😎 Much Respect to her!
I realized that she is such an awesome human being, so full of life, and brave, intelligent, witty, and she has a very pleasant, fun, and graceful personality.
Obviously I'm a big fan of Miss Kaho.
🤔 ...honestly, i didnt think sensoring and being upset about it was fair until i heard the last few lines she mentions in this interview here.
That they could pretend the Intercourse with the sensoring, and the reasons why it is helpful to some actresses.
Much respect to the male pornstar gentleman who thinks it is better porn if it encourages one to use his or her imagination more. Beautiful!
And the contract was breached, so I hope she wins the case! It's clear she isn't about the money with this!!
Thanks for making this interview, my good Sir! Cheers!
She's honestly being very lenient and kind toward these irresponsible companies.
that's just Kaho for you... she's a genuinely nice person...
Understandable that you wouldn't want ""leaked"" uncensored versions of your adult videos, because that is clearly a failing of the company itself to have released it.
However, it is also easy to understand the point about changing the laws regarding censorship, because it doesn't make a lot of sense, as of years ago. You could say it's not explicitly related to Kaho's lawsuit, since it was definitely illegal when those videos were released, but it's another aspect that should probably change.
The contract/law was broken. I would sue too if it was me.
She's so wholesome. A smart woman who deserves compensation! がんばれ
Clearly you don’t know what wholesome means. Lol
idk how to tell you this...but once it upload on internet, it will never go away.
this is why think before act.
I'm not talking about her, I'm talking in general.
Not bashing her but it first started when she made the CHOICE of entering the adult film industry. If she just said no to it. She would not be in this predicament. She needs to take Accountability for her past CHOICE. Fast money, slow problems.
Yes because you literally know her story and know her personally to know she had a CHOICE to begin with? So stupid.
@@KalleDemos666 accountability is a woman's kryptonite. Stop defending her poor choices. Call it on how it is. Myron gaines said it himself, male equivalent to that is a man selling drugs and being a narco dealer.
@KalleDemos666 even if she were financially struggling she could've worked at a convenience store. Out of all the options, she chose to be a whore on camera, contributing to the mental health crisis caused by porn.
@@run8scap80201 Is it really a poor choice when in modern world you can make career out of?
good, Japan needs an overhaul of their porn and sexual harassment laws. people need to be jailed, fined and vulnerable people need to be protected.
I couldn't agree more
Kaho is so elloquent and has put forward a strong argument, I completly agree with her. Thanks for presenting this well, Nobita!
And I thought this would be a lawsuit to _get rid_ of that stupid cens or ship. Clearly she just wants money. "Privacy" my a55, someone who works in that field does not care about _that_ kind of privacy...
For all the comments from people with bad listening comprehension:
- Uncensored porn is illegal
- Kaho performed with that understanding
- The company that had the originals, either on purpose of by incompetence, leaked the uncensored originals
- Therefore they are involved in legal activity, and also in breach of contract
- The reason there are "high" damages is because if there aren't, companies won't take their performers' privacy seriously, and this will happen again and again
Personal observations:
- If you don't respect sex work, just say so, don't be a coward and argue this is in any way her fault
- Arguing that porn shouldn't be censored doesn't retroactively mean companies can distribute their old videos uncensored. That would still be a breach of contract
- The "industry" cannot exist without these performers, so it's kinda weird to talk about companies like THEY are the industry, and the performers "just work there". They are both the industry
- Japan very much has a culture of "don't make waves", and this always hurts the workers the most, while the companies get to keep going.
- Kaho-san knows that if there aren't any consequences, this WILL happen to other people. Arguing that she shouldn't be suing is the same as arguing that the serial sexual harasser in the office shouldn't suffer consequences, because that will hurt the company.
One of the major studios involved attributed the leak to a hack. Whether that's true or not, who knows. If it was someone on the inside, it would be more likely that it was a rogue employee, as it would be a very risky move for the company to do directly. Definitely important to uncover the facts when you're talking liability in a lawsuit. Regardless, they should take a look into the policies regarding data retention of the raw footage. Once the censored version is completed, why should there be leftover raw footage on their servers?
I think she's in it for the money, which she rightfully deserves since it's illegal. But mentally affected and shocked? Far from the truth, but anything goes to win.
If we're being honest the censorship of Japanese porn is pretty pointless. It barely hides anything and means that other parts of japanese porn are more extreme to compensate. Whats more embarrassing for people to see once youve retired, the illegal shot of your uncensored genitals or the petfectly legal clip of your face covered with the semen of 20 different men???
Uncensored genitals because you weighed the other option and consented to it.
Japan needs to wake up and realize how precious Shibuya Kaho is.
They could blow up the lawsuit by making uncensored legal. I've always thought it was a waste of the Japanese legal systems time hunting down uncensored stuff. If it were legal they could maybe focus on the actual sex crimes that happen.
Also I am assuming this has nothing to do with these companies contracting with American companies to release this stuff in America. Seeing as America doesn't have these laws, they would be free to sell the uncensored versions. The production companies are the ones who ultimately own that content. She was hired as talent.
Maybe don't show your nude body on film or pictures? Anything created can be uploaded and stored all over the world. Never erased.
I didn't even know this was an issue. It feels like I've been living under a rock.
I mean, I just love her because she's a fricking genius. Like, she really thinks things through.
Wtf are you even talking about simp? She clearly didn't think her porn career through if she's embarrassed about it now. 🤦♂
Agreed. Intellectual property violation, contract violation. Sue their pants off!!
@@drconflict629 She isn't embarrassed about it though.
well no shit, she was a pronstar, she was there when it was filmed, why would she@@Jepze158
I'm happy koha stop doing porn who knows how her life would be now she a cosplayser I'm happy for her
her cosplay is still softcore p. you shouldn't show it to any kids. so it's not that big of a career shift.
Hmmm....
I understand that even a job as intimate as being an AV actress deserves privacy and respect...
...But it's kind of part-and-parcel of the job? Like she must have understood the potential risk going in that there WILL be material of her online for eternity?
Now she regrets it in hindsight? 😕
-I suppose she would have trusted that the producers would keep her content confidential, and there was negligence on their part for illegal (I think?) uncensored content to be released, so she would have legal standing for litigation, no?
I don't think she's doing this because it's morally right to get rid of the uncensored footage online, she definitely has her own privacy interests in mind too...
just because theres a potential risk doesnt mean the company shouldnt be liable for being the one who leaked it, if you have a contractual obligation with the actress to only release censored versions within japan.
The fact that uncensored versions got leaked from the company outside of japan means that their contractual obligation has been broken, and that means she deserves compensation, and that the company should do a better job securing footage.
The real solution is to not get involved in that industry at all. It not good for anyone involved. Also once something is online there’s really no removing it. Not realistically anyway. All it takes is one person to screen record and save.
Summary: Company made breach of contract so they are sued.
Why would you need to sympathize them? You know that there's a possibility of leaking in the internet. Play stupid game, win stupid prize. #FAFO.
Since it's not about the money but to punish the company, she can donate the money because it will be (1) punishing the company, (2) proving that it wasn't the money and it will also have the bonus of (3) helping some institution in need.
While I don't exactly trust miss Shibuya, past accusation's she made have proven she's Mia Kalifa 2 when receipts are dropped, she is absolutely correct in this course of action. Though I would specifically target the leaker if discovery is a thing in the Japanese legal system and hit them the hardest.
what other accusations did she make? I see her hang around that cdawg guy a lot and she always felt like a succubus to me. Like she was using him for clout, but didn't want him to look at her in a s,exual way when she has a past of letting strange dudes bust on her on camera.
What receipts?
The new law is good. In my understanding it has become standard for Japanese companies to want to own your performances and everything you're going to make under contract for anyone in their entertainment industry. RUclipsrs are about the only free agents you see.
Wait, I thought all the d/umb av actresses in Japan were saying that the AV world is like Disney: everybody is kind and nice, and it's very safe ? Next, we will have a yakuza complaining about the retirement system in the Yakuza world.
One thing I don't understand is why do they never think about the consequences of working in this kind of industry.
In the first place it's very shady and as a women it would damage your image if people recognise you, being the age of the internet very quickly.
First flaw in mindset. You cannot escape your past. People need to realize this when making decisions in the present.
While that is correct some people may not be thinking that far ahead at the time of making said decision. Unfourtanetly that's the case for ALOT of people in the adult industry. I do hope more people from that industry can disuade others into going down that path but if they accept the consequences then that's on them.
No, you definitely can, it just depends on the circumstances. Obviously, a murderer will always be a murderer, but a porn star ain't always gonna be a porn star my guy. Regardless, her uncensored videos getting leaked is illegal, no matter how you split it. She has every right to not be happy about it and want the company to do literally anything about it besides saying, "Oops, my bad."☠️
False, you can escape your past its just that it depends on what it is. A public past? Is something i can agree with that you cannot escape.
They're not asking the companies to delete things they agreed to tho. They're online asking the companies not to do illegal things and violate the contracts that all participants agreed to.
Big difference.
@@SwitchMaxFX Doesn't mean you should be shielded from the consequences of your own actions. Men make bad decisions all the time and are expected to face the consequences. Women need to be held to that same standard and not protected whenever they don't think far enough ahead.
I don't understand why someone would watch giji with mosaics when theres other options. Like I realize it's more appealing for the people doing it, but why would anyone watch that when something explicit and real is one click away?
Kaho is right to sue these people for breach of contract but I find it hard to really care personally. Japan SHOULD uncensor their porn. The whole reason they censored it in the first place is because of the west and post WWII stuff but the west doesn't censor our porn so why should they still be doing it? It makes no sense.
I can also very much understand the production companies tough place to be in. Censored porn is just such an unappealing choice when you have easy alternatives so it's no wonder they are struggling financially. Obviously breaking contract is not the appropriate way to respond, but I can see why they'd be desperate.
I think online content distribution is a nightmare for artists companies and users, I feel sometimes that digital media distributed online shouldn't be allowed at all and instead companies should stick to physical media that can be sold online. Is the same with Anime games and music, as soon as it became mainstream and available digitally we started to see lawsuits, congressional sessions and panic about content that was being enjoyed in private, and now we have a culture war that is destroying franchises that we loved for the sake of "inclusion" and political correctness.
If digital copies of any type exist (which includes DVDs and Blu-ray), it will eventually make its way to the internet, regardless of the original intensions.
What we know about Kaho.
>molested by elder brother
>Gravure at some point
>Sports reporter at some point, gets fired for getting run train on by athletes
>TRICKED into porn
>disowned by parents practically
>Porn star for ages
>Leaves because of health
>hasn't had sex in years despite having the body count of a small village at "23 years old" before her debut.
What I know about Kaho:
>Knows all the best themed cafes in Tokyo.
>Speaks fluently in English, as well as Japanese.
>Has spoken on many occasions to de-stigmatize the AV industry.
@@AnnaMorimoto what like the abolishment of morals?
You know she had sued (and won) internet trolls that spread lies about her before right?
-gets fired for getting run train on by athletes
You can get fired for that?
I dont understand how anyone that does porn expects to somehow remove the stigma from it to be gone when they stop doing it. Legitimately you should have known better when signing contracts or doing shots. The internet is forever. This is the bed you made, now rest in it...
Are you that dumb lol, the company breeched the contract, they were supposed to be censored, that was the contract. Not the porn itself.
Yes lol, the cheeky Lil p*** companies
They are not reputable companies to begin with
Brilliant
i will say that i would still like the censorship law to be changed where it is up to the actors and actresses if they want it censored. if at least one does, then it will be censored. otherwise, uncensored is legal. all previous works will stay censored however for simplicity
Nope. She made the decision to shoot porn. She must deal with the lifelong consequences.
Ms Kaho case although not completely similar kind of reminds me of Mia Khalifa's fight against the shady guys in the American adult entertainment industry.
Unfortunately, Sleaze bags corporations that run the p*** industry is something that both countries have in common.
Sleazy men arrive with sleazy women. This is not a man issue, never has been.
Don't do porn if you want a normal life simple. This is stupid.
shortsight, but i agree
The fact that a classic example of victim blaming is one of the most liked comment here is truly a sign of how fucked up is modern society.
@@strongwuksimp
@@javackman7 Oh sorry, I had no Idea I was replying to a comment made by a thirteen year old dude. My bad.
"We need to protect the porn industry"... No we don't.
These people man!!
Porn is like alcohol or tobacco. The vice that will always be taken up by someone.
@@hananokuni2580 I know that porn is not like tobacco or alcohol. It is worse.
If you have wrong life goals (or the absence of any goals) you succumb to vices. It's inescapable.
I don't want to sound condescending it is just like a honest question yes the contract was only for censored porn but what makes it different from the uncensored one. how is it meant to protect privacy because if they were censoring the face and it would be a problem if the face leaked.
Just try to apply it to another media. Lets say you wrote a book. You worked with a publisher and editor to shape your book into the exact form you want it. Both you and the publisher signed a legally binding contract to publish the book for you. Then, after publishing, the publisher decides to completely rework sections of the book, maybe even changing the story that YOU wrote, without bothering to ask for your consent. Would this not be a breach of contract?
From what I remember, one of the major studios who had their content leaked said it was the result of a hack. If that's true, then imo the company has less liability for this imo unless they breached some data retention policy for the films in the contract. The uncensored raw footage is always going to exist, the cameras don't auto mosaic lol. Not sure what the common studio practice is, but it would make sense to wipe the raw footage once the censored is accurately made.
They're responsible for upholding their end of the deal, they can't just claim "hacked" or "rogue employee did it"
@@XGD5layer that's a stupid argument. Like saying a woman is responsible for not getting raped instead orf the rapist.
@@estarr86 Nope, this is business and companies are more than capable of implementing checks to make sure everything goes according to protocol. If companies are supposed to be sociopathic (i.e. profit-driven) then they should be treated as such.
@@XGD5layer now prove she didn't steal the video and leak it herself.
@@estarr86 Then she'd be the one to be found guilty of breaking contracts and the censorship law. They'll find out whichever is the case during the trial.
Honestly the excuse the company gave is so lame 😂 if you can't manage and follow your contracts then as a company it should be mandatorily closed down permanently.
The censorship is such an old and dumb law, the Japanese government really need to step up and update with the rest of the world.
US has the "You can't drink your booze in park unless you do so from a doggy bag" and no one cares to change it either. It really depends if their citizens are or are not fine with the law as it is. If majority of citizens don't care / want to keep it as it is why bother?
It is one of those laws where politicians would be screaming at each other for years while leaving the population wonder if this is the most important topic out there.
Ever consider the rest of the world is wrong? Of course you didn’t.
Porn should not be a thing in the first place. Every step to make is more accessible is a step toward the demise of your society.
Doing porn is dumb
So let me get this straight. This girl was paid to make porn and she made the porn. Eventually she left the adult industry. The company that owns the rights to the content that she helped to make has leaked or allowed to be leaked the uncensored versions of her porn. Now she's claiming fow bc the company won't do anything about it. Tbh if what the company has done is illegal, than obviously someone needs to be helped accountable. With that said i don't think she's owed anything. The company owns the rights to the content its up to them to decide what to do with it. If she doesn't like not having control over the content than she should have made an onlyfans instead of going into professional porn.
What you need to get straight is the girl agreed to do LEGAL porn. Uncensored versions of her porn is ILLEGAL. That's why she's sueing
FYI "The company owns the rights to the content its up to them to decide what to do with it" is not entirely true. If the Actress decide for whatever reason they no longer wants to be in porn, it is illegal for the company to sell it. This is not the case with particular case but an actress can say no at any point, return their appearance fee to the company, and the company CANNOT by law sell the porn she's in.
She is legally correct. But Japan censorship law is backwards compared to the world. Nevertheless strictly legally speaking she should win.
It is backwards to western standard but its still a law where she lives in. That's the point.
Unless she can prove SOD as an organization deliberately sought to leaked and distribute pre-edited versions of the films, this really is just a money grab. She should sue the ones who broke the rules and stole that footage... but those criminals don't have 7 million yen so it seems like she wants it to be the production company's fault so she can get a payday.
Even Hollywood hasn't been able to stop pre-release cuts of films from leaking. A few years ago one of the Wolverine movies was leaked almost entirely. Again, the production company doesn't gain anything from the acts of untrustworthy employees stealing from them.
Kaho Shibuya's way to cope with being a victim is to sue another victim and that doesn't sit right with me.
Yeah but if you don't know the exact person who leaked the footage, it's on the company who owned the footage to begin with. And really, it's their responsibility to keep the footage from getting out as well so if an untrustworthy employee does something bad that involves the company, then the company will get punished as well as the employee (if they know who they are.)
For example, in my own job, if I did something that made one of my company's clients upset that the company had to compensate them for, I would get punished too, but probably not to the extent of my company because it's their responsibility to train me and make sure I am doing my job correctly. If it's bad enough, I could get fired...but our client isn't gonna go after me personally because, at the time I was under their "jurisdiction" for lack of a better term.
Kaho's case is slightly more serious because it technically involves crime, but it's white collar crime so unless the production companies know who leaked it, which I highly doubt, then it is essentially their fault for not protecting her well enough.
@@evapunk333 how do you know she didn't leak it herself to get a payday? She is a whore maybe she leveraged her vagina to get an uncensored copy and the employee is literally in bed with her. The perfect crime for a prostitute.
these uncensored leaks aren't actually uncensored but mostly are AI processed videos. yeah, you could use AI nowadays to remove censorship and don't ask me how I know.
I agree. It's very common nowadays.
There were a large set of films that were part of a 2021 leak that were the original uncensored raw footage, a lot were BTS clips. Wasn't the ai processed stuff.
It should probably be underlined that 7m yen is $50k. She's not bankrupting the industry nor is she doing this for the money. $50k isn't worth her time. She doesn't need this publicity for anything. She's not a forgotten ex-pornstar doing this for attention and/or to feed her crippling heroin addiction.
You really don't need to dig too deep to find out that's she's doing pretty ok in the money/attention department. The lawsuit isn't even a good publicity stunt. So as far i see, she's doing this for principle or she has the worst manager/publicist.
Censorship laws in Japan are absurd, other countries don't cause themselves this much trouble. Also, if someone gets into such an industry, consequences ensue, regardless of whatever the laws state, it's expectable that absurdly optimistic laws can simply never be enforced.
This is some stupid ass shit.
"If someone gets into such an industry, consequences ensue." Get the fuck out of here! This is the kind of shit people say to justify letting women get sexually harrassed and raped. Accepting that "consequences ensue" and doing nothing about it is the reason these "consequences" keep happening and people keep getting hurt.
Just because you can know that there is a risk of something bad happening doesn't mean that you should just accept it and that the people who cause those bad things to happen shouldn't be punished for it.
Yes, Japan's porn censorship laws are weird and outdated but if the actors who sign up for them don't want their genitals uncensored then THEY SHOULDN'T BE,you goddamn weirdos lol it's not that hard to understand
so what if other countrys dont cause themsels so much trouble means shiet u braindeads have no right what other countrys laws are i bet u from the usa/west o coz i have this alw u should to stfu
What's absurd is how much you support illegal conduct if you get to w*** off on it... It's totally irrelevant what you think about the law. Germany doesn't care either whether you think it's silly you're not allowed to do a Hitler salute in public. When you're there, you abide by the local laws. Being a narcissist doesn't put you above the law.
She should go after the hackers stealing the video not the company who was also robbed.
Yeah because hackers are so easy to find...🤦♂️🤦♂️
She's going after the only people she can, the people that own the footage because it was their responsibility to keep it safe.
@@evapunk333 really? Like how it's a woman's responsibility not to get raped? Is it because of what the company was wearing was that why they were robbed?
Even hoes have rights, I understand Japan also has laws on censorships but what these companies do is insane in general.
What’s the difference??? You’re doing XXX and all is left to the imagination. If she could get that money. Winner!
Godspeed to Kaho. These companies can be extremely slimy to their workers.
Just because you are company doesn't mean you can jeopardize that contract.
Thing is....what's the point in censored porn in the first place? I know it's the law in Japan but it never made any sense to me in the first place.
This was really interesting. I now actually understand censorship, because Giji sounds like a reasonable thing. And without censorship it would be impossible.
And the woman you interviewed was clearly okay with censored pictures, but not with uncensored pictures. And her point about "if they want to be taken seriously as an industry, they have to act properly and respectful" is very valid. Thank you for this interview.
4:41 I feel strange about people from abroad criticizing this woman, because this women only fight for the Japanese region, right? So why are there people from abroad who criticize this ? I feel that what this woman is fighting for is not wrong and this issue is also not something that concerns women all over the world. so, I think there is no reason for people abroad to criticize her.
If that video comoany broke the contract terms and is also not following current law then def Kaho should win because that is not ok to breal a legal agreement. Claiming ..... "mental damage" however is a bit of an extreme stretch given her former career and just how much adult things she did on video in that craeer,,,, .. theres videos of her taking on dozens of guys etc etc....water sports..thers a long list.. Her adult past is one of the main reasons she has such a massive fandom nowadays. If for example there were never any adult videos of her online and instead she was "kaho" the office lady, who started streaming on twitch or making youtibe videos, it would be a very different reality.
Illegal is illegal. International norms don't mean much here.
"She's only doing it for the money..." until you realize 7 million yen is the equivalent of about $50,000 US. I do find it cute though that they think they can "remove it from the internet"
Isn't this more a case against piracy rather than the JAV industry?
How? She was literally a porn actress whose face is already everywhere. What's private about that?