Scope of Japan National Flag Vandalism Still Vague

Tokyo, July 10 (Jiji Press)–The scope of behavior subject to punishment under a bill that would criminalize acts of damaging the Japanese national flag remains vague, and the lack of clarity could have a chilling effect on social activities. The Cabinet Committee of the House of Councillors, the upper chamber of the Diet, the country’s parliament, began substantive deliberations on the bill Thursday, after the legislation cleared the House of Representatives, the lower chamber, late last month. The ruling bloc of the Liberal Democratic Party and the Japan Innovation Party aims to enact the legislation during the ongoing Diet session, which is slated to end July 17, but opposition parties are ramping up criticisms of the bill. Submitted by the ruling coalition as well as the opposition Democratic Party for the People and Sanseito, the bill stipulates that those who publicly damage the national flag in a manner deemed likely to cause extreme discomfort or disgust to others will be punished. One of the sponsors of the bill has explained that whether an act causes extreme discomfort will be determined “from the perspective of ordinary members of the public and in light of social common sense,” but the specific standard is not clear. The LDP has refuted claims that the rhetoric leaves room for subjective judgment, arguing that the wording is based on an existing law, namely the anti-stalking law. But that law’s provision banning “sending items that cause extreme discomfort or disgust” is preceded by examples of such items, such as filth and animal corpses, making it easy to imagine what falls under the ban. The national flag bill lacks such examples. LDP lawmaker Yasushi Katsume explained at Thursday’s meeting of the Upper House Cabinet Committee that “the bill does not refer to specific acts because there can be various ways to damage the national flag.” Makoto Oniki of the opposition Constitutional Democratic Party of Japan took issue with the ambiguity, saying, “We don’t know what will be subject to punishment.” The Japanese Communist Party’s Taku Yamazoe also raised concern, arguing, “By arbitrary decisions, the scope could be expanded without limit.” After the bill came under fire during Lower House deliberations last month, the ruling bloc presented a document containing specific examples of punishable and unpunishable acts. The document said that burning, cutting or muddying by trampling on the national flag would be punished while stepping on the flag with new shoes without making the flag dirty would not be. Lawmakers also discussed the appropriateness of the examples. The LDP’s Akihisa Shiozaki explained that the list represents one way to organize what is allowed. But the CDP’s Ayaka Shiomura called the examples “difficult to understand.” “It raises many questions, such as whether it’s OK to step on (the flag) with old shoes so long as it does not get dirty,” she said. END [Copyright The Jiji Press, Ltd.]