LDP pushes flag desecration bill, experts doubt need

thomas

thomas

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The Liberal Democratic Party has begun debating a possible new offence of flag desecration, saying it wants to protect Japan's honour and its citizens' feelings. In simple terms, the proposal would make it illegal to damage the Hinomaru national flag. That is the basic idea for now. The details are not settled. Penalties have not been set, nor have the specific acts that would be covered been specified. There is also the question of how such a law would sit with constitutional protections for freedom of expression and thought, and that part remains unclear.

Takahiro Eto, a criminal law professor at Momoyama Gakuin University, suggested it may not be necessary. The LDP, working with its coalition partner Nippon Ishin, aims to pass the measure during the current Diet session. Sanseido submitted a similar bill in October 2025.


Conservatives, including Prime Minister Sanae Takaichi, who is also LDP president, have led the push to criminalize Japanese flag desecration. In an online program in January, Takaichi said it is "a law necessary to protect Japan's honor." [...] Japan's national flag is sometimes used as a form of expression, such as to convey a protest against the government. New legal provisions about the Hinomaru might criminalize such uses of the flag and violate the constitutional right of freedom of expression. There are also worries that making an "intent to insult Japan" a requirement for punishment could encroach on freedom of thought. For this reason, some lawmakers of the LDP's project team said it may be sufficient to define the offense based on whether the act of desecration takes place in a public setting.
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It's an odd bill to be pushing considering the rarity of flag desecration in Japan, the relatively minor nature of the offence, and Japan and the world's more pressing problems.
 
Lothor said:
It's an odd bill to be pushing considering the rarity of flag desecration in Japan, the relatively minor nature of the offence, and Japan and the world's more pressing problems.
Click to expand...

Agreed. Japan must also be the only country where political campaign posters aren't desecrated.
 
Doesn't the Takaichi administration have more urgent issues to address?? 🤔

Japan's ruling Liberal Democratic Party is moving towards legislation that would punish acts of publicly damaging or defiling the national flag, after an LDP project team broadly approved the outline of a proposed law on 22 May. The discussions centre on acts considered to deliberately damage the flag in ways likely to cause strong public offence. Japanese flags are widely displayed at sporting events and public gatherings, and the party is now debating how such acts should be penalised under criminal law.

​


Under the current outline, a "national flag" would be defined as a physical object made from cloth or a similar material, intended for actual display, such as one that can be raised, waved, or hung in public.

Because of that definition, small decorative flags used in children's meals would not fall under the proposed legislation. Flags appearing in paintings or artwork would also be excluded. The same would apply to depictions in anime, manga, video games or images generated using artificial intelligence. The legislation would target acts of publicly damaging, soiling or otherwise defiling the Japanese flag in a manner likely to cause significant discomfort, disgust or revulsion among other people.

Posting footage on social media showing oneself damaging a flag, broadcasting such conduct live or otherwise making it viewable to an unspecified number of people would also be subject to punishment. The proposed penalties are imprisonment for up to two years or a fine of up to 200,000 yen.
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😵‍💫👆

newsonjapan.com

Destroying Japanese Flags on Kids' Meals Exempt from Criminal Penalties

Japan's ruling Liberal Democratic Party is moving toward legislation that would punish acts of damaging or defiling the national flag in public, with a party project team broadly approving the outline of a proposed law on May 22nd while excluding decorative flags used in children's meals...
newsonjapan.com
 
As long as certain uses are exempt I'm ok with it.
1779578514161.webp
 
Great editorial by the Asahi Shimbun:

There is no need for such legislation. We oppose a bill that would only intimidate people and make society more oppressive.
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The bill would make it a criminal offence to damage or deface the national flag in a way that could cause strong feelings of discomfort or disgust when witnessed by an unspecified number of people. The measure would also apply to acts involving a person's own national flag, not just to those involving others' flags. Under the proposed legislation, offenders could face up to 2 years in prison or a fine of up to 200,000 yen (about US$1,230). The wording of the bill has drawn attention because it would punish acts deemed offensive if carried out in public or in circumstances where others could observe them.

In the LDP's original proposal, filming the act of damaging a flag and later distributing it on social media or elsewhere was also subject to punishment, but that was removed at the request of the DPFP. Livestreaming such an act, however, would still be subject to punishment. To avoid intruding into a person's inner beliefs, proponents say the bill will not question the intent or purpose behind the damage. Yet the measure carries a serious risk of violating the freedom of expression guaranteed under Article 21 of the Japanese Constitution.
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mainichi.jp

Editorial: Japan has no need for flag desecration law fostering oppressive climate - The Mainichi

A bill to punish desecration of the Japanese national flag has been submitted to the Diet. The Liberal Democratic Party (LDP) drafted its framework an
mainichi.jp mainichi.jp


It's images like the one below that might bring discomfort to some.

takaichi-saluting-hinomaru.webp


unherd.com

Japan’s flag desecration law reflects growing Right-wing pressure

Japan’s ruling party, the Liberal Democratic Party (LDP), has approved a bill that will make it illegal to desecrate the national flag — known as the “Hinomaru”. When the bill is passed, anyone caught in the act, or documenting someone else doing so, could face a two-year prison sentence or a...
unherd.com unherd.com
 
About 70-80 countries have 'flag anti-desecration laws' but I have to say, they smack, slightly of insecurity. We don't have such laws here in the UK but then I think we're quite secure in our sense of patriotism and have (had) some idea that that sense doesn't revolve around a cloth representation of our nation. If you set a tea pot or bag of fish and chips on fire, there might be a different reaction. 😉

Just be respectful of things that other people hold dear and expensive laws don't have to be debated and set in washi (or parchment as they are over here!).
 

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