A law introducing punishments for desecrating Japan’s national flag went into effect Thursday, fulfilling a longtime legislative aim of conservative Prime Minister Sanae Takaichi that has prompted concerns over freedom of expression.
The law states that individuals who publicly damage, remove or defile the national flag, known as the “Hinomaru,” in a way that arouses “strong feelings of discomfort or disgust” in others could face up to two years in prison or a fine of up to 200,000 yen ($1,300).
The introduction came after the lack of provisions against national flag desecration was identified as a contradiction to be resolved, as criminal law only punishes individuals who damage foreign states’ flags.
It was submitted to parliament as a sponsored bill by the ruling Liberal Democratic Party and its coalition partner Japan Innovation Party, along with some opposition parties, with the aim of protecting “public views that the national flag should be treated with respect.”
Following parliamentary debate that included opposition pushback on its implications for constitutional rights and concerns that its application may be overly broad, it was enacted in mid-July.
In enforcing the law, the National Police Agency has instructed prefectural police to make careful organizational assessments on whether an act constitutes a violation, and to closely examine the grounds and necessity for making an arrest.
The law states that punishment of an act will be determined based on the circumstances of each case. A supplementary provision states the law will be reviewed around three years from its enforcement, with measures to be taken if required.
An individual who damages their own national flag can still be punished. But scenes depicting flag desecration in live-action films shot in non-public settings, as well as in anime, manga, video games and videos created using artificial intelligence are not subject to punishment under the law.
In discussions about the bill to criminalize damage to the national flag, small paper decorations included with children’s meals are not considered to represent the national symbol by socially accepted standards and are therefore not subject to punishment.
A joint statement backed by around 200 constitutional scholars on Aug. 4 called for the bill’s repeal, saying it could suppress critical views of the government and that there is little need for the law as Japan sees few incidents of national flag desecration.
Public opinion appears to be more receptive to the law. A Kyodo News opinion poll in late July showed 55.8 percent of respondents viewed the law positively, while 38.9 percent did not.
https://japantoday.com/category/national/japanese-flag-desecration-law-goes-into-effect
