Japan’s parliament on Friday enacted a divisive law introducing criminal penalties for desecrating the national flag, achieving a key legislative goal of Prime Minister Sanae Takaichi in the current Diet session
The ruling parties argued the law was needed because Japan already criminalized desecration of foreign flags but had no equivalent provision covering its own. Some opposition parties and legal experts criticized the measure, saying it may infringe on freedom of expression and could be unconstitutional
The bill, jointly submitted by the ruling coalition of the Liberal Democratic Party and Japan Innovation Party, along with the opposition Democratic Party for the People and Sanseito, cleared the House of Councillors
Under the law, individuals who damage, remove or defile the national flag in a way that arouses “strong feelings of discomfort or disgust” in others could face up to two years in prison or a fine of up to 200,000 yen ($1,200)
The penalties mirror existing provisions in the Penal Code on desecration of foreign flags and follow an October agreement between the LDP and JIP identifying the legal discrepancy as one to be resolved
Parliamentary debate centered on the law’s implications for constitutional rights and what constitutes a punishable act, with the opposition Constitutional Democratic Party of Japan among its critics
Under the law, whether an act is punishable will be determined based on the circumstances as a whole. LDP lawmakers cited as possible violations stomping on a flag, covering it with mud in a street or park, and soiling it with feces or urine
Livestreaming the cutting up or burning of a Japanese flag in a private space is also punishable, although a provision making the subsequent sharing of such footage an offense was dropped during negotiations to secure the DPP and Sanseito’s support for the bill
A supplementary provision calls for a review around three years after the law takes effect to determine whether additional measures are needed in light of developments such as the online dissemination of images of flag desecration
Two of the three legal scholars who testified before an upper house committee said the law is likely unconstitutional, citing the risk of arbitrary enforcement, among other concerns
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