Adult Video Human Rights & Ethics Organization

Commission for reform for the Japanese Adult Video Industry

Motions from the board

Our board, “The Commission for reform for the Japanese Adult Entertainment Industry”(hereinafter referred to as “The Committee”) originated with the acceptance of reports regarding various points in relation to the concept of due process in the Japanese Adult Video Industry (hereinafter referred to as “The Industry”) from the nonprofit organization “Human Rights Now” (hereinafter referred to as “HRN”) as well as a report from the Japanese Cabinet Office meeting on gender equality, and how best to achieve restoration
of due process in The Industry and with a look to an opportunity in which to renovate and maintain the aforementioned due process. Based upon these targets we The Committee, as an impartial third-party entity, with an urge for widespread implementation of reform policy with regards to due process in Adult Video, present to those organizations (and members therein), the following proposals.

1. Every organization (or member therein) must advance in all areas of operations give particular consideration to the right of self-determination and human rights for all those involved at every stage of the production of Adult Video, from the recruitment of personnel through to distribution and sales.

2. Organizations etc. must take upon themselves a role as part of a larger culture of film, however must also have a defined sense of pride and self-respect, and aim to create exceptional artistic content, whilst balancing daily operations with reform of The Industry.

3. Organizations etc. must take measures to review, or if deemed necessary eradicate entirely, those customary practices that remain unchanged, and must carry out decisive action to fundamentally reform the industry.

4. Organizations etc. must aim in earnest for the restoration of the industry based on “Ethics & formalities regarding basic regulations of due process in the Japanese Adult Video Industry” statute enacted by the committee.

5. Organizations etc. must naturally obey all laws and ordinances, while also holding themselves to a higher ethical standard than the mere letter of the regulations.

6. Organizations etc. must consider both physical and mental health within the context of all stages of the production process, and ensure flawless safety measures at all times.

7. Organizations etc. must each respectively formulate a “Compliance Program”. Organizations etc. must also both cooperate and apportion the implementation of aforementioned compliance programs with the committee and be unremitting in there review once said program is eligible for review.

8. All Parties must be considerate when producing both Adult Video and any related goods, the ethical codes of third parties who do not wish to observe any stage of the production, distribution or sale of Adult Video, and thus must implement careful zoning measures to prevent against unnecessary offense to the values of others. In addition, inclusive of LGBT individuals.

Adult Video Human Rights & Ethics Organization

Basic Regulations Regarding the Ethics & formalities of due process in the Japanese Adult Video Industry

Outline

The Adult Video Human Rights & Ethics Organization (hereinafter referred to as This Organization) was created based upon the proposal announced by the predecessor organization to This Organization (Organization for Ethics and Human rights in the Japanese Adult Video Industry) on the 1st of April 2017 regarding production, distribution and broadcast etc. of Adult Video, for the unification of efforts to reform the industry, all organizations (and members therein) who participate with This Organization must endeavor to aim for the industry to be one that is accepted in wider society by offering solutions to all issues hitherto raised both in society and from within the industry itself, and therein furthering the goal of reform and restoration of the industry as a whole. Furthermore, these regulations must exist as a measure of implementation of reform and restoration, organizations etc. must naturally observe rigid adherence, and constantly seek to review policy in accordance with the aforementioned regulations, and in adherence to the evaluation standard adopted by wider society, intend to sequentially revise their conduct in relation to the regulations.

Objectives

This Organization is composed of third party experts from outside of the industry, in order to put forth proposals to further propel the restoration of industry, execute promptly any issues with the tentative matter of the aforementioned proposals so as they are up to date with current trends in both the industry and in wider society, to stimulate coordination with groups/organizations within the industry and to provide leadership and advice so that those within the industry are able to autonomously propel restoration efforts without regular third party interference. In addition, with the objective of contributing to the furthering of the restoration and development of the industry as a whole, we will recommend that the aforementioned regulations are enacted as policy by all affiliated organizations.

Terminology Defined

● Adult Video Human Rights & Ethics Organization
Established in October of 2017 as nonprofit private organization, the successor to the “Commission for reform for the Japanese Adult Video Industry”, itself established in April of the same year. Its purpose being the furthering of initiatives for the betterment of the industry, its main focus being to seek even more stringent self-purification efforts from within the industry itself, and continuing in principle, and reality, to act as entirely third-party observers.
The organization, in terms of its actions, is defined by the following ideal:

[“Due process in Adult Video” is the appropriate consideration given to the human rights of performers in all produced works]

This ideal is fundamental in the materialization of any and all proposals and regulations, regarding anything that is not covered in the explicit wording of the ideal we ask the industry to regard all elements in the process “from production to distribution and sales” follow the guidelines withing a fair and reasonable margin.

● Due process in Adult Video
The term “Adult Video” is known almost universally in Japan by the abbreviation “AV”. To elaborate on this terminology however, “Due process in AV” can be defined by the following:

[Only such video content that has been made commercially available once it has been given approval by way of rigorous inspection by an accredited inspection board, which will seek to clarify that the human rights of all performers have been given due consideration by both manufacturer and production companies, and whether the product was completed under appropriate corresponding safe working practices]

Video content that has not undergone thorough inspection, uncensored content transmitted or downloaded from abroad, bootleg recordings that infringe on copyright and any content involving sexual misconduct towards minors does not fall under this category.
The exchange of definitive and legally sound contracts, clarity regarding copyright ownership, appropriate inspection under an identifiable inspection board, the adherence to industry regulations, adherence to pertinent zoning at point of sale/rental and the existence of clear and definitive chain of liability are all measured rigidly against domestic legislation, and only content that fulfills all these requirements can be referred to legally as corresponding to the concept of “due process in AV”. In the near future the organization expects the term “due process in AV” to be synonymous with the current abbreviation “AV”.

● Manufacturer
A business enterprise, comprising an individual or group, which is involved in the production of adult themed entertainment content and that is affiliated with one or more of manufacturers that have membership with this Organization.

● Production Company
A business enterprise, comprising an individual or group, which is involved in the management of entertainers/personalities who perform in any capacity in any video content, photographic content, broadcasting, transmission, stage performance, event, advertising etc. of adult themed content, including that described under “Due course in AV”, and that is affiliated with one or more of manufacturers that have membership with this Organization.

● AVAN
A nonprofit volunteer organization that was established in the interests of protecting the human rights of actresses in AV, its objective being to create a secure environment whereby actresses can have real freedom in the decision-making process regarding what kind of works they would like to appear in. They offer, among other services, the creation and management of “Letters of Intent”, the issuing and safekeeping of “Essential Clause Explanation Check Sheets” & contacts, the issuing of Actress Identification Cards and payment/management of third-party secondary use remuneration and an information hotline.

● Distribution
A business enterprise which oversees the delivery of product from manufacturer to consumer, via means of identifying reliable wholesale dealers, retail stores and rental stores, as well as also ensuring that the product clears the Fūeihō (Businesses Affecting Public Morals Act). This definition also includes distribution to online retailers.

● Transmission
A business enterprise that provides downloading or streaming services to a user’s smartphone or desktop via the internet that allows the user to view adult content.

● Secondary Use
The use of part, or parts, of newly filmed content that has already been made commercially available in a new work, as part of a remaster/directors cut/omnibus etc. Furthermore, any work that has been edited in order to be sold in a different format is also considered as Secondary Use.

● CS
A generic term for satellite broadcasting, however in the context of this report can refer to a business enterprise involved in the broadcast of adult content within television program (typically late night) broadcast over cable/satellite television.

● Freelance
A freelance is a term used to define any performer who has not entered into a contract with a production company yet performs in adult content. Performers in such cases typically a solo proprietorship, and as such enter into contracts directly with the manufacturer, and receive compensation for each performance on a nonfixed rate. In addition, the aforementioned “sole proprietorship” refers to a corporate body established in order to enter into business as a private individual, 2/3 of actresses who come under this definition hold shares/equity ownership in such enterprises, and have not entered into any contracts with other performers or production companies.

Industry Regulations

Proposition 1: The role of this organization and fundamental reform
This organization, using its position as a third-party private organization to support fundamental reform within the industry, commencing with adequate respect be given to the right of self-determination and basic human rights with regards to all performers, as well as establishing a footing from which to eradicate all conduct recognized as evasion of the law, pressing for even further development of the industry through policy proposals.

Proposition 2: Respect of the Right of Self Determination
All parties must take in to account special considerations regarding the protection of human rights of all performers, while at the same time systemically securing respect for the right to self determination to the maximum degree, and to work this idea into daily operations.

Proposition 3: Obligatory Membership
Everything from the discovery of new talent for affiliation with the industry, to the production and sales stages, must fit within the framework advocated by this organization (Due course in AV), and all parties must participate in contributing to the reform and restoration of the industry.

Proposition 4: Adherence to Regulations
All parties affiliated with this organization must obey all and every acts and regulations of parliament in absolute terms, as well as all regulations and directives set out by this organization, and apply all above mentioned regulations to daily work flow.

Proposition 5: At Every Process
Prior to the start of production, the subject matter of the work in question and all details regarding filming must be fully disclosed and consented to by all parties concerned unilaterally, and the right to refuse any aspects of the performance that go against the will of the performer must be factored into all contracts signed between all parties and in turn be guaranteed by all parties. Furthermore, as sexual conduct not agreed in advance shall be banned in perpetuity, then so must all parties be prudent to any sexually expressive conduct which could be seen as to be in breach of the aforementioned contract, and to abort production with the upmost haste, regardless of if all participating parties’ consent.

Proposal 6: Visualization
Both production companies and manufacturers must ensure, to a reasonable extent, that during the process of production, especially during the decision-making process, that all materials are backed up and saved periodically, so that should any problems arise, all materials can be submitted as basis for any decisions made. All materials are to be saved for a fixed period, and to verify that the performers human rights and right of self- determination are being respected, all parties must agree to make compulsory the visualization of all data relevant to but not limited to; Pre-production interviews, all related contracts (including any substantial contracts signed under alias’s etc.), all data relating to the execution of all contracts, any materials relevant to all meetings prior to production and all data relevant to the filming and post production processes respectively.

Proposal 7: Contract
With regards to individual contracts utilized by all manufacturers, production companies etc. All parties must agree to make use of the common contract stipulated by this organization, which was created with considerable concern for the right of self determination for AV performers, and must agree that this contract is used universally across all projects and must be signed, in full, before any filming may take place. Furthermore, in any event of an exchange of contracts, all persons concerned respectively shall, without exception, bear sole responsibility for all handling and safekeeping of all contracts in perpetuity. In the event that any performer requests a copy of a contract, all parties concerned (Manufacturers, Production companies etc.) must respond in a prompt and timely manner.

Proposal 8: Copyright & Secondary Use
The jurisdiction of all copyright and related rights of all works must be clearly defined. All renumeration regarding secondary use must be stipulated accordingly.

Proposal 9: Handling Video Content
Any enquiries regarding the sales of any works by a performer must be dealt with sincerity, and if a legitimate reason is given, the performer may also enquire as to any part off the sales and distribution process, including but not limited to, manufacture, distribution, transmission, CS etc. In addition, the terms and conditions at time of enquiry shall be decided upon in a fair and balanced way between both performer and manufacturer/production company. Particularly, in the event that the use of the “suspension of all sales and distribution” system operated by this organization is made use of, manufacturers and production companies must comply to ensure smooth application of the system and also ensure that it works in a quick and effective manner.

Proposal 10: Point of Contact
AVAN is, by definition, a first point of contact to an internal reporting system intended to ensure the improvement of workflow in the industry, covered under the whistleblower protection act, and simultaneously acts as a hotline for any consultations felt as necessary by performers.

Proposal 11: Commercial Transactions
Contracts between affiliated parties must be clear and concise, in particular regard to the financial aspect of the commission of both performers and management respectively, by ensuring a clear disclosure between all parties at the point of contract, ensuring a complete abatement of any unclear terms and conditions/terminology etc. and seeing to that all fulfillment of taxation liability is carried out without exception.

Proposal 12: Considerations Regarding Hygiene & Safety
All parties must pay special attention at every stage of production to adhere to the highest standards of health & safety, particularly with regard to the prevention of injury or sexually transmitted diseases, whilst ensuring protection against any conduct which could pose a risk to the mental health of any persons involved with the production, including but not limited to, insulting behavior, sexual harassment, workplace harassment and coercion into lewd/disturbing acts, is given the highest level of attention possible.
Moreover, the age of all parties involved in the production process must be rigorously verified, utilizing a multitude of methods to perform thorough checks, ensuring no falsely obtained documents have been used in any of the stages of production. The responsibility for the safekeeping of all personal information shall lie solely with the corresponding party and no other party.

Proposal 13: Compliance
All parties must participate in the dissemination of knowledge regarding awareness of compliance regulations for all individuals related to all stages of production, and utilize various scopes and mechanisms to ensure that all regulations enacted by this organization are implemented into new workflows.

Proposal 14: Inspection
All finished projects must undergo rigorous inspection at a screening board designated by this organization, any products that have not undergone inspection may not be handled by any party as a product for sale.

Proposal 15: Regarding Connections to Organized Crime
All parties must handle in the most serious terms, any conduct, whether conduct by one’s own staff or any exterior related parties, which could be defined as connected to organized crime, and explicitly ban all and any dealings with any parties whom could conceivably have connections with anti-social groups/organized crime. Upon any discovery of any connection to such groups the relevant authorities are to be notified immediately.

Proposal 16: Incorporation
This organization exists, at the time of writing, as an entirely private entity, hereafter however at the appropriate occasion moves towards acquisition of corporate status must also be given due consideration.

Proposal 17: Penalties
Any party found to be in violation of any of these regulations will be subject to punishment stipulated by this organization and dealt with in the strictest terms. Any parties found to be involved maliciously violating any of the regulations risk their dominant shareholders being forcibly removed from the organization and thus the industry in its entirety.

Proposal 18: Working Group
In order to ensure that all regulations stipulated in these documents herein (including future appendices) can be executed in a reliable manner, a “working group” can be set up as necessary.