Japan criminalizes public desecration of national flag

Japan’s parliament has approved a law that makes public desecration of the national flag a criminal offense, AFP reported. The measure matters because it adds penalties for acts involving the Hinomaru while raising objections from lawyers, academics and opposition figures who warn it could restrict political speech.

The legislation passed on Friday under Prime Minister Sanae Takaichi, a conservative leader who has promoted what AFP described as a broader push for traditional patriotism. Supporters of the law say it fixes a legal imbalance: Japan already punishes desecration of foreign flags in order to avoid diplomatic disputes, but had no matching criminal protection for its own flag.

Under the new law, people who damage, take down or defile Japan’s flag in public in a way that causes others “extreme discomfort or disgust” can face up to two years in prison or a fine of as much as 200,000 yen, or about $1,250, AFP reported.

Kyodo News reported that the law applies to physical acts such as burning, stomping on or throwing mud at the flag in public places. Kyodo also reported that livestreaming such acts falls within the law’s reach.

Exemptions added to the law

The drafting committee was led by Hirokazu Matsuno, a former chief cabinet secretary, according to AFP. The ruling party said the final measure contains detailed exceptions meant to keep several forms of expression outside criminal punishment.

According to AFP, the ruling party clarified that the law does not apply to physical paintings or to digital works, including anime, manga, video games and material made with generative AI. It also exempts the small paper flags commonly used as decorations on children’s restaurant meals.

Those carveouts have not eased the concerns of critics. AFP reported that constitutional scholars and liberal politicians argue the wording remains too broad and could conflict with Article 21 of Japan’s constitution, which protects freedom of expression.

The Democratic Lawyers Association of Japan rejected the reasoning behind the bill, saying that decisions about what causes “discomfort” would be left to the “arbitrary judgment of investigative authorities,” AFP reported. The group warned that the law could be used against demonstrations and people criticizing the government.

A group of 150 Japanese academics also urged lawmakers to stop the bill, warning of “strong concerns that it could curb freedom of political expression,” according to AFP.

Flag carries wartime sensitivities

The debate reflects the domestic history attached to the Hinomaru. Japan kept the flag after its defeat in World War II in 1945 and the adoption of a US-imposed pacifist constitution, AFP reported.

Takaaki Matsumiya, a law professor at Ritsumeikan University, told Japan Today that the flag is viewed negatively by some Japanese people because of Japan’s history of wars of aggression. Matsumiya said the Hinomaru “doesn’t symbolise” democratic values in the same way European flags do, according to AFP.

Takaichi’s supporters have framed the law as part of a campaign to strengthen patriotic norms and correct what they describe as a “wrong” double standard in the legal code, AFP reported. Opponents say the test built into the law leaves too much discretion to police and prosecutors.

This story draws on original reporting from Al Jazeera.