Japan’s Law against National Flag Vandalism Takes Effect

Tokyo, Aug. 13 (Jiji Press)–A law to criminalize acts of damaging Japan’s national flag came into effect Thursday, amid unresolved concerns about its impact on expressive activities following criticisms that the scope of punishable acts is unclear. Under the Japanese law, those who publicly damage, remove or deface the national flag in a way that causes people to feel extremely uncomfortable or disgusted could face up to two years in prison or a fine of up to 200,000 yen. Livestreams of such acts are subject to punishment, while archive broadcasts are not. The law seeks to protect tangible objects used as a national flag. Creative works, such as anime and images produced with generative artificial intelligence, as well as flag-shaped decorations on children’s meals and flag-inspired patterns on clothes are excluded from the scope of the law. The legislation stipulates that whether an act is punishable is determined through a comprehensive assessment of the objective circumstances, including the external form of the act and the surrounding situation, while giving consideration to the freedom of expression and belief. In parliamentary deliberations on the law before its enactment on July 17, the interpretation of “extremely uncomfortable” was a major issue. Opponents argued that the abstract language could restrict artistic expression and political activities. Earlier this month, the Justice Ministry set up a page on its website explaining the law. It says that “ways causing strong discomfort from the perspective of ordinary members of the public are considered to be methods that make people feel extremely uncomfortable,” and shows examples presented to the Diet, or parliament, by lawmakers who sponsored the legislation, including those from the ruling Liberal Democratic Party. Among the examples, burning flags in front of train stations, defiling flags with feces or urine, and placing flags on public roads to deface them with mud and rain are cited as acts making people feel extremely uncomfortable. Meanwhile, intentionally hitting golf balls designed like the Japanese flag into the water on golf courses, punching flags with one’s bare hands and burning old flags for disposal are not classified as such acts. Criminalizing flag-damaging acts, a key policy goal for Prime Minister Sanae Takaichi, also LDP president, was included in the coalition agreement between the party and its ally, the Japan Innovation Party. Constitutional scholars who testified in Diet meetings raised concerns about the law, arguing that it is unconstitutional. END [Copyright The Jiji Press, Ltd.]