Monday, April 22, 2013

Kiwi arrested for watching hentai involving elves, pixies, and trolls


The police of Auckland scored a major victory over free speech this weekend when they jailed a kiwi* for watching some good 'ol fashioned hentai.

Stuff.co.nz reports that one Ronald Clark downloaded "Japanese anime cartoons" which depicted scenes of "elves, pixies and other fantasy creatures having sex."

I'm guessing Clark had a taste for something in the Dragon Pink trilogy - not that I'm familiar enough with it to know that it's one of the few hentai to have multiple scenes of "pixies and trolls" in flagrante delicto... but, hey, I'm not the one on trial here!

...that would be Clark, who was previously charged with five counts of indecent assault and a number of cannabis sale and supply charges (among other violations) involving three male victims between the ages of 11 and 13.

Suffice it to say that Clark doesn't sound like someone that you'd trust near a playground - yet it still seems odd that his taste in "video nasties" was deviant enough to land him a conviction for possessing objectionable material.

As it turns out, the reason Clark was jailed (this time) was because he had the unfortunate luck of running afoul of New Zealand's vaguely worded - yet strangely specific -  1993 Films, Videos, and Publications Classification Act which is theoretically aimed at curtailing the spread of child pornography in Middle Earth.

This legislation defines "objectionable material" as:

… a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good.

Which seems like rather thin wording to prosecute a hentai fan over.  However, section 3(2) of the Act automatically deems publications "objectionable" if they promote or support...
  • the sexual exploitation of children or young persons
  • sexual violence
  • sexual conduct with the body of a dead person
  • the use of urine or excrement in degrading, dehumanising, or sexual conduct
  • bestiality
  • acts of torture, extreme violence or extreme cruelty.
It's been awhile since I may or may not have seen the Dragon Pink series, but I don't think any of the three OVAs portray anything from the above - except for some light BDSM which could fall under "acts of torture" if you were absolutely no fun whatsoever.

I suppose if you really wanted to split hairs and make a parody of the legal process you could argue that trolls, pixies, and elves are inhuman creatures and as such would fall under the purview of bestiality... but it seems like a long way to go to stick it to a prior sex offender.

While Clark's recent arrest still seems a bit harsh to those of us in the states, it should - if nothing else - draw attention to New Zealand's rather broad censorship laws, so take a lesson otaku: if you're planning to visit The Shire any time soon, you might want to leave your collection of enema-themed hentai at home. 

Unless, of course, they're hentai that feature empowering, humanizing, and non-sexual enemas... in which case, game the fuck on.



That's 'kiwi' as in a citizen of New Zealand, by the by, not the adorable, flightless bird - although the latter would make for a more interesting headline.