A
Swedish translator of Japanese manga comics has been fined by a Swedish
court for possession of drawings depicting children engaged in sexual
acts.
The ruling is the first of its kind in Sweden and has sparked a
heated censorship debate.
The translator at the centre of the case was found guilty of
possessing child pornography after downloading 51 manga images from the
internet.
Judge Nils Pålbrant conceded that the decision to fine the
translator, though unanimous, had raised a number of thorny issues.
There's a clear conflict between freedom of speech on the one hand
and general regulations regarding children's rights on the other, he
told local newspaper Upsala Nya Tidning: It was however our view that
the protective aspect weighed more heavily when taking into account the
intentions of the legislator. The aim of the law, as described in the
preliminary work that led to its creation, is not just to protect
individual children but children in general.
But the case has polarized opinion in Sweden. In an editorial
published on Thursday, tabloid Expressen gave its backing to the
translator: However unpleasant and nasty a work of fiction might be,
and whatever one thinks about Japanese porn involving cartoon children,
there is actually no victim here. The children in the Uppland man's
manga comics were not molested since they were characters in a comic.
The translator's lawyer, Leif Silbersky, expressed surprise at the
June 30th ruling and has lodged a formal appeal on behalf of his client:
It goes against all common sense. These are just drawings; no
children have been harmed.
Judge Pålbrant said he too would welcome a second opinion from the
Court of Appeal due to the precedential nature of the case.
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