Japanese Academics Petition Against Flag Desecration Bill That Cleared Lower House

A group of 148 Japanese legal academics submitted a petition to lawmakers on July 9 opposing a bill that criminalizes publicly damaging the national flag. The academics said the legislation raises strong concerns about curbing freedom of political expression and carries risks under criminal law.

The bill states that anyone who damages, removes or defaces the flag in a manner causing significant discomfort or revulsion to others faces up to two years in prison or a fine of up to ¥200,000.

It cleared the Lower House the previous week, where the ruling Liberal Democratic Party holds a majority, and could advance through the Upper House later this month. At a news conference, Takaaki Matsumiya, a law professor at Ritsumeikan University, said Japan has a history of waging wars of aggression and that some Japanese hold a negative image of the flag.

He added that the ideas of those people should be respected in the legislative process and that the Japanese flag, unlike those of Germany, Italy and France, does not symbolize the values of freedom and democracy.

Matsumiya argued the bill could serve as a tool of hate. He cited a scenario in which protesters damaging a flag at an anti-foreigner rally could face arrest. The academics warned that punishing someone for causing discomfort could create various crimes of hurting feelings and stated that a law open to abuse should never be enacted.

Prime Minister Sanae Takaichi supports the bill as part of her conservative agenda. The ruling bloc holds a minority in the Upper House, though the measure has backing from several other parties. The Centrist Reform Alliance, an opposition party with 48 seats in the Lower House, has questioned the legal rationale for criminalizing flag damage and called for more careful discussions.