Japan passes legislation banning violation of national flag

Critics claim the latest element in PM Takaichi’s conservative drive threatens free speech and invites political abuse.

Japan’s parliament has enacted a controversial law introducing criminal penalties for desecrating the national flag.

The passage of the legislation on Friday is part of an ongoing drive by staunchly conservative Prime Minister Sanae Takaichi to promote traditional patriotism and correct what her supporters call a “wrong” legal double standard.

Under existing laws, Japan penalises the desecration of foreign flags to prevent diplomatic disputes, but previously lacked equivalent protections for its own flag, the Hinomaru.

Under the newly enacted law, violators who publicly damage, remove or defile the national flag in a manner that causes others “extreme discomfort or disgust” face up to two years in prison or a fine of up to ۲۰۰,۰۰۰ yen ($۱,۲۵۰).

According to Japanese broadcaster Kyodo News, the law covers physical acts of vandalism such as stomping, burning, or throwing mud in public spaces, as well as livestreaming such acts.

The law drafting committee, led by former Chief Cabinet Secretary Hirokazu Matsuno, carved out highly specific legal exemptions.

The ruling party clarified that the new law completely exempts physical paintings, digital media including anime, manga, video games, and generative AI, and even the miniature paper flags famously used to decorate children’s restaurant meals.

However, opponents, including constitutional scholars and liberal politicians, argue the vaguely worded law poses a severe threat to freedom of speech as protected under Article ۲۱ of the constitution.

The Democratic Lawyers Association of Japan strongly condemned the bill’s rationale, stating that what constitutes “discomfort” is left entirely to the “arbitrary judgment of investigative authorities,” which risks targeting political protests and government critics.

A group of ۱۵۰ Japanese academics had petitioned politicians to halt the controversial bill, warning of “strong concerns that it could curb freedom of political expression”.

Highlighting the unique domestic sensitivities surrounding the Hinomaru, Ritsumeikan University law professor Takaaki Matsumiya told local publication Japan Today that “Japan has a history of waging wars of aggression, and even among the Japanese there are some people who have a negative image” of a flag that “doesn’t symbolise” democratic values in the way European flags do.

Following its World War II defeat in ۱۹۴۵, Japan established a US-imposed pacifist constitution, but its national flag remains unchanged.