Deepfake Laws in Japan
Japan criminalized non-consensual intimate imagery distribution in 2023, including AI-generated deepfakes. Victims have rights under Japanese law.
Japan amended its Penal Code in 2023 to criminalize the non-consensual provision of private sexual imagery, the Act on Punishment of Unjustifiable Production of Sexual Images (the 'Porn Revenge Act'). The amendment covers intimate images including deepfakes and AI-generated content. Penalties include imprisonment of up to one year and fines of up to 300,000 yen. Japan's Platform Fundraising Act also creates obligations for platform operators regarding NCII content.
Japan's 2023 Penal Code amendment
The 2023 amendment to Japan's Penal Code created a new offense for non-consensual sharing of intimate imagery. The offense covers recording, sharing, and publishing intimate images without consent, including AI-generated and deepfake content. Police investigation and prosecution is handled through Japan's cybercrime units (警察庁サイバー局). Victims can file criminal complaints directly with local police.
Platform obligations in Japan
Japan's Platform Fundraising Act and related regulations create obligations for platform operators to address NCII content appropriately. Major platforms serving Japanese users must have complaint response mechanisms and designated officers for NCII complaints. Non-compliant platforms face regulatory action from Japan's Ministry of Internal Affairs and Communications (MIC).
Civil remedies
Beyond criminal prosecution, victims in Japan can pursue civil damages claims under the Civil Code for reputational damage and emotional distress caused by non-consensual intimate imagery distribution. Injunctive relief is also available through Japanese courts to prevent further distribution.
Frequently asked questions
Does Japan's law cover anime-style AI deepfakes?
Japan's law focuses on realistic imagery depicting identifiable individuals. Clearly fictional, non-realistic AI content may fall outside the statute's scope, though this is an evolving area. For realistic deepfakes of real individuals, the 2023 amendment applies.
Can Japanese victims use ScanErase for US platforms?
Yes. ScanErase finds instances of exposure on any US-accessible platform regardless of where the victim is located.
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