Japan passes flag desecration law, fuelling free speech fears

Tokyo,UPDATED: Jul 17, 2026 13:28 IST

Japan on Friday enacted a controversial law that bans the public desecration of its national flag, the hinomaru, in a move seen as a win for Prime Minister Sanae Takaichi and her right-wing supporters. The law makes it an offence to publicly damage, remove or deface the flag in ways that "cause extreme discomfort or sense of disgust to others".

Opponents say the law is vague and could be used to intimidate the public and silence criticism of the government. Legal experts have also argued that it could restrict freedom of speech by discouraging the use of the flag in art, protests and other forms of expression.

The law says it is meant to protect people's respect for the flag. Violators can face up to two years in prison or a fine of up to 200,000 yen, about USD 1,230. Takaichi has argued that Japan's lack of a law criminalising disrespectful handling of its own national flag is "wrong". Japan already has a law punishing damage to foreign national flags, mainly those displayed at diplomatic facilities, to avoid international disputes.

The passage of the law has triggered questions in parliament over what actions would be punishable. Takaichi's governing Liberal Democratic Party said violations include pulling down and discarding a national flag displayed at a municipal building; tearing, burning or cutting a flag in a public space; stepping on a flag or covering it with mud in public; and livestreaming or uploading footage of oneself cutting or burning a flag in a private space.

At the same time, the party said some uses would not be covered. These include images of the flag in anime, cartoons or artificial intelligence-generated works, as they are not in tangible form. Flag images that are part of a painting would also not be punishable. Damaging miniature hinomaru flags, often used to decorate children's meals, would also be allowed.

Ayaka Shiomura of the opposition Constitutional Democratic Party of Japan repeatedly asked in parliament whether crossing out the flag would be punishable, noting that the flag, given Japan's historical background, can be used at political rallies. "It all depends," LDP lawmaker Akihisa Shiozaki said. "It is difficult to categorise, standardise or make a hypothetical judgment until it happens."

Many legal experts have opposed the measure, saying the wording is too broad and could be applied arbitrarily, especially against government critics. "Punishing national flag vandals means a prohibition of criticism against the government," Motohiro Hashimoto, a constitutional law professor at Chuo University, told a parliament hearing this week. Experts also said a number of countries, including the US and Europe, have laws targeting flag desecration, but with clearer criteria and stronger protections for free speech.

Today, the hinomaru is widely seen at athletic events, government offices and international gatherings. At events at the Imperial Palace, well-wishers wave small versions of the flag to cheer the emperor and his family. Another well-known Japanese flag, the kyokujitsuki, featuring a red disc with 16 outward rays, has repeatedly sparked protests from some of Japan's neighbours because it was used by Japan's imperial navy during its colonisation of the Korean Peninsula and invasions and occupations in China and other parts of Asia until 1945.

Japan's national flag, with a red disc on a white background, is believed to have originated from ancient sun worship and was recognised in 1870 as the national flag for Japanese commercial ships. During the war, soldiers carried hinomaru flags signed by family and friends for good luck. But the flag did not get legal status as a national flag until 1999 because of controversy and mixed feelings over its wartime past. From around the 1980s, the government promoted the flag and the anthem Kimigayo in public schools, often facing protests from teachers who opposed their use for patriotic education. In 1999, a school principal in Hiroshima killed himself a day before a graduation ceremony after being caught between protesting teachers and demands from local education authorities to enforce their use.

The new law therefore adds to a long-running debate in Japan over the meaning of the national flag, how it should be used and whether punishing desecration protects public respect or curbs dissent.

With PTI Inputs

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