A new law criminalising the desecration of Japan’s national flag came into effect on Thursday, fulfilling a long-standing legislative goal of conservative Prime Minister Sanae Takaichi while raising concerns over freedom of expression.
Under the new legislation, anyone who publicly damages, removes or defaces Japan’s national flag, known as the Hinomaru, in a manner that causes others to feel “strong discomfort or disgust” could face up to two years in prison or a fine of up to 200,000 yen (about US$1,300).
The legislation was introduced after lawmakers identified what they considered an inconsistency in Japan’s criminal law, which already punishes the damaging of foreign national flags but previously had no equivalent provision for Japan’s own flag.
The bill was sponsored by the ruling Liberal Democratic Party and its coalition partner, the Japan Innovation Party, with support from some opposition parties. Its stated purpose was to protect public expectations that the national flag should be treated with respect.
The legislation was approved in mid-July following parliamentary debates, during which opposition lawmakers raised concerns over its potential impact on constitutional rights and warned that the wording could be interpreted too broadly.
To guide enforcement, the National Police Agency has instructed prefectural police forces to carefully assess whether individual acts constitute offences and to examine the reasons and necessity for making arrests.
Authorities will determine whether an offence has occurred based on the circumstances of each case. The law also includes a provision requiring it to be reviewed around three years after taking effect, with amendments or other measures to be considered if necessary.
The legislation applies even when an individual damages their own Japanese flag. However, certain depictions of flag desecration are excluded, including scenes in live-action films filmed in private locations, as well as content appearing in anime, manga, video games and AI-generated videos.
Small paper flags or decorations provided with children’s meals are also not covered, as they are generally not considered representations of the national flag under prevailing social standards.
The law has nevertheless faced strong criticism from academics. A joint statement supported by around 200 constitutional scholars on August 4 called for its repeal, arguing that it could discourage criticism of the government and that there was little justification for the legislation given the relatively small number of flag-desecration incidents in Japan.
Public sentiment appears more supportive of the measure. A Kyodo News opinion poll conducted in late July found that 55.8% of respondents viewed the law positively, while 38.9% expressed opposition.
