Japan's Ruling Party Approves Bill Criminalising Flag Desecration

Tokyo (ANTARA) - Japan’s ruling Liberal Democratic Party (LDP) approved a bill on Tuesday (9/6) that prohibits the desecration of the national flag, the Hinomaru.

The bill, which is targeted for ratification before mid-July, has become one of the key legislative priorities for Japanese Prime Minister Sanae Takaichi.

“While maintaining full attention to freedom of expression, the state has a responsibility to punish acts that damage the national flag, our symbol of state, with the intent to insult,” said LDP Executive Secretary-General Acting official Koichi Hagiuda.

The bill stipulates that anyone who openly damages, removes, or defaces the Japanese flag with the intent to insult could face a prison sentence of up to two years or a fine of up to 200,000 yen (approximately Rp21 million).

These provisions also apply to individuals who broadcast or upload videos of flag desecration live via the internet.

However, some opposition members argue that the regulation potentially violates the right to freedom of expression guaranteed by the constitution. They contend that there is insufficient justification for implementing such a rule.

Takeshi Shina, Secretary-General of the Centre Reform Alliance Party, stated that the criminal penalties in the bill are “highly restrictive of human rights” and that no clear reason has been provided to make it a deterrent instrument.

To alleviate concerns regarding freedom of expression, the bill also includes several exceptions. These include the use of the flag to support national athletes, as well as the depiction of flag desecration in fictional works such as films, anime, manga, and video games, as well as content generated by generative artificial intelligence (generative AI).

In previous discussions, parties also agreed that small Japanese flags, which are commonly included as decorations on children’s meals in restaurants, would not be affected by these provisions.