Japan's Upper House Passes Flag Desecration Bill Despite Constitutional Concerns

Japan's Upper House passed legislation on July 17 criminalizing the desecration of the national flag. The measure punishes anyone who publicly damages, removes or defaces the flag in a manner likely to cause extreme discomfort or disgust to others. Violators face up to two years in prison or a fine of up to ¥200,000.

The law defines the flag as a tangible object recognized under the Act on the National Flag and National Anthem and is set to take effect in early August. The Democratic Party for the People co-sponsored the bill after securing removal of a provision that would have penalized recording and sharing footage of desecration.

The party supported the measure in the Upper House after abstaining from the Lower House vote in June.

Sanseito joined the ruling Liberal Democratic Party and Japan Innovation Party in backing the legislation. Mizuho Umemura, a Sanseito lawmaker, told the Upper House plenary session that insulting the national flag undermines the dignity of the country and hurts citizens who hold it dearly.

The bill excludes miniature flags used to decorate food as well as depictions in paintings, manga, anime, video games and artificial intelligence works.

Japanese criminal law already punishes desecration of foreign flags but not the Japanese flag. Two constitutional law scholars invited by the opposition told an Upper House Cabinet Committee hearing on July 14 that the legislation could be unconstitutional.

Ayaka Shiomura of the Constitutional Democratic Party called the bill dangerous and said it strikes at the foundation of fundamental human rights guaranteed by the Constitution.