Japan Enacts First Domestic Penalty for Public Flag Desecration, Exempts Art and Private Use

Japan enacted a law on Friday prohibiting publicly damaging, removing, or defacing the national flag in ways that cause extreme discomfort or disgust to others. The measure covers actions such as tearing, burning, or stepping on the hinomaru, a red disc on a white background, as well as livestreaming such acts. Violators face up to two years in prison or a maximum fine of 200,000 yen.

The law does not apply to flag images in anime, cartoons, artificial intelligence creations, or miniature flags used to decorate children's meals. It also exempts flag images that form part of a painting. The governing Liberal Democratic Party listed examples of violations, including pulling down a flag at a municipal building or covering one with mud in public.

An opposition lawmaker asked whether crossing out the flag at political rallies would be punished. An LDP lawmaker replied that categorization depends on specific circumstances and is difficult to standardize in advance. Opponents said the law's focus on subjective feelings could be used arbitrarily against critics of the government.

"Punishing national flag vandals means a prohibition of criticism against the government," said Motohiro Hashimoto, a Chuo University constitutional law professor, during a parliament hearing this week. Japan previously lacked a domestic flag desecration law, though it already punishes vandalism of foreign flags at diplomatic sites. The hinomaru flag gained formal legal status only in 1999.