Court case shines light on Japan’s tattoo industry

Oct 06, 2017

Image: Yun Han Xu / EyeEm

Tourists are spoiled for choice with things to do and experience while on holiday in Japan, but there is one seemingly innocent activity dozens of tourists do every day that’s actually illegal.

While it may not be on everyone’s bucket list, many travellers get tattoos in Japan. The most popular tourism cities Tokyo, Osaka and Kyoto are meccas for tattoo enthusiasts, and Japanese tattooing is a much coveted style in the tattoo world.

This is despite the fact the act of tattooing someone in Japan is against the law, unless the tattoo artist also happens to be a qualified doctor.

Japanese law stipulates the procedure of tattooing is actually a medical one, but it’s also a law that has remained largely unenforced until now.

A recent court ruling found Japanese tattooist based in Osaka Taiki Masuda guilty of tattooing three people in 2014 and 2015. The court argued the use of a tattoo needle was a form of medical work and not a form of art or self-expression.

According to the Japan Times, Masuda told reporters after the court ruling that he plans to appeal the decision.

“I do not accept this ruling,” he said. I’m practicing art and tattooing is a part of traditional Japanese culture.”

Read more: 10 things you didn’t know about Japan

The decision comes after Masuda appealed an earlier order to pay ¥300,000 (nearly AU$60,000) for violating the medical law.

The court case is a landmark because it’s set to draw attention to the complex issue that is tattoo culture in Japan. While Masuda isn’t the first to receive the hefty fine, he is one of the first to refuse to pay it.

In the western world, it’s fairly accepted to have a tattoo. Some people may not like them, but it’s fair to say most won’t assume a young lady or man with a tattoo is a member of an organised crime gang.

The man who wrote the book on Japan’s tattoo culture Brian Ashcraft (literally Japanese Tattoos: History*Culture*Designwrote on lifestyle website Kotaku the same goes for modern Japan, and Japanese people who have tattoos come from all walks of life.

Historically, tattoos in Japan have long been associated with organised crime, as well as a tradition to brand criminals. Many places in Japan still ban those who have tattoos from using the traditional public bathing houses, onsen.

Read more: The seemingly innocent thing you should never do in a Japanese taxi

Ashcraft says another reason for the taboo surrounding tattoos is that while Japan is not a Confucian society, Chinese culture was extremely influential from the 8th to 12th centuries. The ideas of filial piety, a virtue of respect for one’s elders, is still firmly rooted in Japanese culture. Tattooing one’s body can be seen as disrespectful to parents who have given them the gift of their body.

With the ruling of Masuda’s case, it’s likely Japanese tattoo artists will be nervous about their own situations from hereon, but if it is successfully appealed, it would be a revolutionary step for the industry as well as Japanese culture.