Key facts
- Japan's parliament enacted a law criminalizing the desecration of its national flag.
- The law allows for up to two years in prison or a fine of up to 200,000 yen ($1,200) for acts deemed to cause "strong feelings of discomfort or disgust."
- The penalties are similar to those for desecrating foreign flags.
- Some opposition parties and legal experts have criticized the law, citing concerns about freedom of expression and constitutionality.
- A review of the law is scheduled for approximately three years after its enactment.
Japan's parliament has enacted a new law that introduces criminal penalties for the desecration of the national flag. The legislation, a key goal for Prime Minister Sanae Takaichi, passed the House of Councillors on Friday.
The ruling coalition, along with the Democratic Party for the People and Sanseito, jointly submitted the bill. Under the new law, individuals found to have damaged, removed, or defiled the national flag in a manner that causes significant public discomfort or disgust could face up to two years in prison or a fine of up to 200,000 yen ($1,200). These penalties are consistent with existing provisions for the desecration of foreign flags.
However, the measure has faced criticism from some opposition parties, including the Constitutional Democratic Party of Japan, and legal experts. Concerns have been raised that the law may infringe upon freedom of expression and could be unconstitutional, with some legal scholars testifying that it is likely unconstitutional due to the risk of arbitrary enforcement.
The law specifies that punishability will be determined based on the overall circumstances, with examples of potential violations including stomping on a flag, covering it with mud, or soiling it. The burning or cutting of a flag, even in private, is also punishable, though a provision to penalize the subsequent sharing of such footage was removed to gain support.
A supplementary provision mandates a review of the law approximately three years after its implementation to assess the need for further measures, particularly in light of online dissemination of flag desecration images.