Four political parties submitted a joint bill to the House of Representatives on June 16 to criminalize the public desecration of the Japanese flag [1, 2].
The legislation marks a significant shift in Japan's legal approach to national symbols by establishing a specific crime for flag destruction. If passed, the law would protect the feelings of citizens who value the national flag and serve as a deterrent against acts of insult [1, 2].
Under the proposed law, individuals who publicly destroy the national flag could face up to two years of imprisonment [1] or a fine of up to 200,000 yen [1]. The bill was jointly introduced by the Liberal Democratic Party, the Japan Innovation Party, the Democratic Party for the People, and the Sanseito party [1, 2].
Former Chief Cabinet Secretary Matsuno said the law was created to protect the emotions of those who cherish the flag as a legal interest. He said it was positive that multiple parties were able to form a joint effort given the nature of the bill [1].
Rep. Iizumi (Democratic Party for the People) said some people might believe there is no legislative fact to justify such a law. He said the deliberation process would be used to establish exactly what behaviors would be subject to punishment [1].
Sanseito Representative Kamiya said that while there are slight differences in perspective among the parties, there is significance in multiple parties introducing the flag desecration crime together [1].
The bill has faced internal and external scrutiny regarding its constitutionality. Yuichiro Tamaki, leader of the Democratic Party for the People, previously said the Liberal Democratic Party's version of the text could be judged as unconstitutional legislation and that he could not support it [2].
Discussions between the parties led to modifications of the text. While the definition of "publicly" includes live streaming on social media [1], provisions that would have punished the act of filming and posting the destruction of one's own flag were removed following consultations with the Democratic Party for the People [1].
“The law was created to protect the emotions of those who cherish the flag as a legal interest.”
This legislative push reflects a growing movement among Japan's conservative and center-right parties to codify national identity and respect through criminal law. By targeting 'public' desecration—including digital broadcasts—the bill attempts to balance traditional notions of national honor with the realities of social media. However, the friction between party leaders and the concerns over constitutionality suggest that the final law may be narrowly tailored to avoid infringing on freedom of expression.
