Legal definitions
In Japan, both “child” and “youth” are defined as a person under 18 years of age. “Child” can be further separated into “infant” (a person under 1 year of age), “toddler” (a person of one year of age or more before the time of commencement of elementary school), and “juvenile” (a person under 18 years of age after the time of commencement of elementary school).
The legal age of consent for sexual activity (or “indecent act[s]”) is 16 years old, or 13-16 years old only if the counterparty is less than 5 years older than the child. There is no definition for sexually explicit conduct, and there is some distinction between “indecent acts” and “sexual intercourse.”
The terms “child sexual exploitation,” “grooming,” or “enticement” are not specifically defined, but relevant conduct may be included in the definition of “child prostitution.” The terms “child prostitution and “child pornography” are defined in the Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child Pornography, and the Protection of Children. “Child sexual abuse” is not specifically defined, but relevant conduct is included in the more general “child abuse” definition.
There is no definition for sexually explicit conduct, computer-generated images or videos of child pornography or CSAM, or sextortion.
Regulatory requirements/recommendations
Online platforms are required to cooperate with law enforcement and take “useful” measures to prevent transmission of information relating to child pornography using their “operator” rights or other preventative measures.
Online platforms are not specifically required to review, screen, moderate, detect, remove, or report online child sexual exploitation content. Telecommunications service providers are directed to take “useful” measures to prevent child pornography transmission and cooperate with law enforcement when necessary.
Age verification requirements/recommendations
Certain platforms, like online matchmaking services (“opposite sex introducing services”)—which children are prohibited from using—are required by the Children Internet Introducing Service Act to prevent the use of such services by children, but specific prevention methods are not specified. Generally, online platforms are not required to implement any method of age verification before a user can access their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before allowing a child to access their services.
Legal remedies for child victims
There are legal remedies available for child victims in Japan. Online platforms may be liable for damages if infringing material is not taken down. Preventative injunctions are available but difficult to obtain. There is no statute specifically authorizing monetary recovery or other forms of victim compensation related to CSAM offenses, but a child victim may likely seek such remedies through a civil action.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.