New Bill Could Make Disrespecting Japan’s Flag a Crime

Japanese flag
A faction in Japan's conservative ruling government is making a second attempt to outlaw desecration of the nation's flag. Will it fly?

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Disrespecting a country’s flag can lead to some hefty punishments. People the world over have adopted flag burning as the go-to protest action against a government, so much so that many countries have specific flag desecration laws in place.

Japan is one of the few countries not to have a law criminalizing the destruction of their own flag. They do, however, have laws for defacing other foreign flags. Article 92 of Japan’s Penal Code outlaws the desecration or intentional mistreatment of any foreign country’s flag. Punishment is incumbent on an official request of prosecution by the offended country. Guilty persons could serve up to 2 years in prison, or face a 200,000 yen fine (roughly $1,918.90).

Now, a group of conservative-leaning politicians in the ruling Liberal Democratic Party wants to submit a proposal for a bill punishing anyone who damages, removes, or insults Japan’s national flag.

Bill Once Again Sees the Light of Day

The conservative faction within the LDP first proposed an amendment back in May 2012. Opposition and the dissolution of the House of Representatives nipped their plan in the bud. This is the second time the faction has attempted to submit the bill. Their goal then is essentially the same now: mistreatment of the national flag should also be considered a crime, with the same punishments listed in Article 92.

The main spokesperson behind the bill is former Minister of Internal Affairs and Communications Takaichi Sanae (高市 早苗). She first drafted the bill in 2010. Takaichi explained her reasons for championing the bill in a statement posted on her website. She cited the national flag desecration laws in countries like France, Italy, and the U.S., and expressed her strong belief that disrespecting the flag is an affront to the citizens who hold their flag in high respect.

日本国旗傷つけたら刑罰・・・2年以下の懲役等 審議へ(2021年1月26日)

日の丸を傷付けた場合は2年以下の懲役などを科すとしています。  高市前総務大臣:「なぜか日本の刑法には日本国の国旗損壊についてはなんの罰則もございません。日本も日本国の名誉をしっかり守ると」  今の刑法では、外国の国旗を傷付けた場合については、2年以下の懲役または20万円以下の罰金が科されます。 …

Takaichi Sanae tells the press her reasons for pushing the revision bill forward.

Why exactly does Japan have laws protecting foreign flags? The reasons seem to mainly lie in upholding friendly diplomatic relations. The Japan Federation of Bar Associations (日本弁護士連合会) said as much in their statement opposing the LDP’s bill in 2012. Damaging a foreign country’s flag could be seen as an act of provocation or a grievous insult.

Obeisance to the Flag Long Contested

Japan flag and other country's flags
Picture:  / PIXTA(ピクスタ)

The LDP has been the main powerhouse behind ensuring mandatory public devotion to Japan’s flag and anthem. They pushed the 1999 National Flag and Anthem Law (国旗国歌法) officially designating the hi no maru flag and the anthem “Kimi ga yo” as national symbols. Citizens raised their concerns even then. Didn’t this infringe upon their freedom of speech and expression? Indeed, in 2004, 10 teachers faced ridicule when they refused to stand when the flag was raised during graduation. No legislation needed to be in place for municipal governments to influence (read, pressure) institutions to respect the flag.

Those same concerns on freedom of speech are being voiced again. News of the bill led to a wide range of responses. Sentiments ranged from “It’s odd that there wasn’t a law already in place” to self-proclaimed patriots declaring they are all for the proposal. Former Niigata governor Yoneyama Ryuichi quote tweeted a picture of a lunch with a hi no maru flag food pick. He pointed out how unnerving it is that throwing away the food pick could be a crime.

米山 隆一 on X (formerly Twitter): “この旗をうっかり捨てると「二年以下の懲役又は二十万円以下の罰金」に処せられかねないので、とても怖くて使えませんよね。結局「国旗損壊罪」は日本中で絶対必要な場面以外から「日の丸」を駆逐する事に繋がります。彼らは他人を怒鳴りつけたいだけ、国旗がどうなるかなんて興味はないんです。 https://t.co/DVCEPhrcpp / X”

この旗をうっかり捨てると「二年以下の懲役又は二十万円以下の罰金」に処せられかねないので、とても怖くて使えませんよね。結局「国旗損壊罪」は日本中で絶対必要な場面以外から「日の丸」を駆逐する事に繋がります。彼らは他人を怒鳴りつけたいだけ、国旗がどうなるかなんて興味はないんです。 https://t.co/DVCEPhrcpp

Bad Timing, or Intentional Headline Grabber?

People are also questioning the timing. Why try and push through an ideological bill during a state of emergency? Newsweek writer Fujisaki Masato speculates it’s a ploy to solidify right-wing support for an unpopular Prime Minister Suga. Suga’s administration still clings to the dream of holding the Olympics despite public outcry. At this point, any support is better than none.

Besides that, a lot of unknowns surround this bill. What will the government consider as mistreatment of the flag? Will this law also apply to the Rising Sun flag, still heralded by pro-imperialists and right-wingers? Even the ruling coalition Komeito hasn’t thrown in their support, according to the Mainichi Shinbun.

Overall, it would not be surprising for more opposition to arise should the proposal be accepted. It’s another one of those situations where we’ll have to wait and see what happens before drawing more solid conclusions.

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