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"The United Nation’s Committee on the Right of the Child proposal for the Optional Protocol to the Convention on the Rights of the Child draft from February, 2019 garnered a lot of attention from gamers and anime fans due to the language used in the draft that indicated guidance to enforce the restriction of drawings, cartoons, audio, and written works of fiction featuring “children” engaged in sexual exploitation. If the proposal was enforced it would obviously mean plenty of animes, games, and visual novels would get snuffed out of existence. Well, the U.N., posted up some of the responses from the State parties, individuals, and organizations, and some surprising countries came to the aid of anime.
Over on the OHCHR website they have the letters from all respondents available for public viewing. Specifically, the United States was the only State party to explicitly defend anime in writing against the U.N’s proposal, which they acknowledged such works (that weren’t deemed obscence) were protected by the First Amendment.
The U.S’ letter to the U.N., dated May 6th, 2019 actually agrees with a lot of the U.N’s proposals for protecting kids, but when it came to paragraph 62 about banning representations of “non-existing children”, the Human Rights Treaties Branch wrote…
“ In the United States, federal law provides that it is illegal to create, possess, or distribute a visual depiction of any kind, including a drawing, cartoon, sculpture or painting, that depicts a minor engaging in sexually explicit conduct and is obscene. However, visual depictions (CGI, anime, etc.) where there is not a “real” child are typically protected by the First Amendment (unless the visual depictions are obscene) and the United States’ obligations under the ICCPR. We suggest editing the paragraph as follows: “… urges States parties to prohibit, by law, consistent with their national legal systems, child sexual abuse material in any form …. including when such material represents realistic representations of non-existing children.”"