Japan passes law criminalising desecration of the national flag

Japan's parliament has enacted a controversial law that introduces criminal penalties for publicly desecrating the national flag. The measure was passed on Friday and is being presented by supporters as a correction to what they describe as a legal imbalance. Critics, however, say the wording could be used to restrict political expression.

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Under the new law, people who publicly damage, remove or defile the flag in a way that causes others "extreme discomfort or disgust" can face up to two years in prison or a fine of up to 200,000 yen, or about $1,250. The legislation also covers acts such as stomping on the flag, burning it, throwing mud at it, and livestreaming such actions. The drafting committee was led by former Chief Cabinet Secretary Hirokazu Matsuno, and the ruling party said the law includes specific exemptions.

Those exemptions are broad and were set out to limit the law's reach. They exclude physical paintings, digital media such as anime, manga, video games and generative artificial intelligence, as well as the small paper flags often used in children's restaurant meals. Supporters say the law closes a gap in existing rules, under which Japan already penalised desecration of foreign flags to avoid diplomatic disputes but did not have the same protection for the Hinomaru, the national flag.

The legislation comes amid Prime Minister Sanae Takaichi's conservative push to promote traditional patriotism. Her supporters argue the law addresses a "wrong" double standard in the legal system, while opponents say it risks giving authorities too much discretion. The issue has become a test of how far the government can go in defining patriotic conduct without crossing into limits on dissent.

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Civil-liberties concerns have been central to the criticism. Constitutional scholars and liberal politicians say the phrase "extreme discomfort or disgust" is too vague and could be applied unevenly. The Democratic Lawyers Association of Japan said the meaning of discomfort would be left to the "arbitrary judgment of investigative authorities," raising the possibility that protests or criticism of the government could be targeted.

The debate also reflects Japan's wider sensitivity around the national flag and the country's wartime past. A group of 150 academics had already urged politicians to stop the bill, warning that it could curb freedom of political expression. What remains unclear is how aggressively the law will be enforced and whether it will face legal challenges under Article 21 of the constitution.

The next focus will be on how prosecutors, police and courts interpret the new offence in practice.

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