Japan Enacts Law Criminalizing Desecration of National Flag

Japan's parliament passed legislation on Friday that introduces criminal penalties for publicly damaging the national flag. The law sets a maximum sentence of two years in prison or a fine of 200,000 yen for acts that cause extreme discomfort or disgust.

Under existing statutes, Japan already penalizes the desecration of foreign flags. The new measure extends similar protections to the Hinomaru, the national flag, which previously lacked equivalent coverage.

The statute covers physical acts such as stomping, burning, or throwing mud on the flag in public, as well as livestreaming those acts. It exempts physical paintings, digital media including anime, manga, video games, and generative AI, along with miniature paper flags used at children's meals.

A drafting committee led by a former chief cabinet secretary developed the specific exemptions. The ruling party stated that the law does not apply to those categories.

Opponents, including constitutional scholars and liberal politicians, argue the law's wording on discomfort could allow arbitrary enforcement. The Democratic Lawyers Association of Japan said the definition of discomfort is left to investigative authorities and risks targeting political protests.

A group of 150 academics petitioned against the bill, citing concerns that it could limit freedom of political expression under Article 21 of the constitution. The measure follows Japan's post-1945 pacifist constitution, under which the national flag has remained unchanged.