A proposed Texas law aiming to curb media depicting minors in inappropriate situations has far-reaching consequences for the anime industry, and the result could be that many beloved series are declared outright illegal in the Lonestar State. According to a report byDexerto, Texas Senate Bill 20 could outlaw obscene material depicting minors in all media, animated or otherwise.
Proposed by Texas State Senator Pete Flores, the bill is primarily aimed at curbing the potential for using AI to generate sexually explicit depictions of minors. The text of the amendment to Texas' penal code would be as follows.
“A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes obscene visual material containing a depiction that appears to be of a child younger than 18 years of age engaging in activities described by Section 43.21(a)(1)(B), regardless of whether the depiction is an image of an actual child, a cartoon or animation, or an image created using an artificial intelligence application or other computer software.”
The section ofTexas' penal codecited in Senate Bill 20 defines obscene material broadly as material lacking in artistic value that depicts sexual acts. Though some of the definitions for obscene material given by the penal code are far more concrete (such as explicit depictions of sex), others are a little more vague and open to interpretation.
Texas Senate Bill 20’s Vagueness Makes It Dangerous For Anime
While this may initially seem to only ban openly illicit material, many popular anime series depict minors in situations that could be considered obscene. EarlyDragon Ball, for instance, contained a running gag centering on Master Roshi creeping on an underage Bulma. EvenNarutosees the title character using a jutsu that turns him into a naked woman. It’s unclear if these scenes, and those like them featured in many popular anime series, will run afoul of the proposed law if it does pass, or if the bar for obscenity will be higher.
Of course, ideally, the given examples would be protected under the clause that mentions literary or artistic value, but that will be entirely reliant on how individual judges perceive cases brought to them. Anime fans in Texas can hope that judges would see that anime such asDragon Ballare not pornographic or obscene despite some questionable material, but that’s far from a guarantee. Given themanga bans sweeping through the U.S., it’s understandable why some fans would worry the proposed law is too vague or broad in its definitions.
Our Take On Texas Senate Bill 20
The Potential For Misuse Is Incredibly High
While the law may be aimed squarely at actual animated pornography, the law is so broad that it could affect a lot more than just hentai. While proponents of the law may say this is unlikely, recent cases ofmanga censorship for relatively inoffensive material likeUnico: Awakeningdoes not inspire much confidence that this law will only be used against its intended target. There is also the possibility that the law will used as a tool to censor stories about young LGBTQIA characters, as has been seen in many cases surrounding YA literature.
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There’s no doubt that the depiction of minors in certain anime and manga series makes many fans, myself included, uncomfortable. Master Roshi creeping on Bulma, for instance, is a running gag that I’ve never liked. But that andanime’s other worst tropesmaking me uncomfortable doesn’t mean I wantDragon Ballbanned or those scenes removed.
The potential to abuse this law is simply too high and too reliant on one person’s definition of obscenity. Though it might be unlikely that this law is used to outlaw big series likeDragon BallorNaruto, it absolutely could be used that way, and that should be more than enough to be wary of Texas Senate Bill 20.
