Japan has implemented a new law on Thursday (August 13) to penalize acts of damage to the national flag. According to the new law, those who publicly damage, remove, or defile the Japanese national flag in a way that causes “significant discomfort or disgust” to others can face up to 2 years of imprisonment or a fine of up to 200,000 Japanese yen (about $1,300 USD).
The full name of this law is the “Law on the Punishment of Acts of Damage to the National Flag and Other Symbols,” jointly proposed by the Liberal Democratic Party, Japan Innovation Party, Democratic Party for the People, and other parties. The bill was enacted as Law No. 69 on July 24 and officially enforced on August 13, 20 days after its publication.
The Ministry of Justice in Japan stated that the new law aims to protect the emotional attachment Japanese people have towards the national flag and deter the act of damaging the Japanese national flag through criminal penalties.
The law defines the “national flag” as a tangible object that is recognized by society as being used as a national flag. In determining whether an act constitutes a criminal offense, the law mandates that a comprehensive assessment of the behavior’s outward expression, surrounding circumstances, and other objective factors be made, rather than solely relying on the damage to the national flag as the basis for conviction.
The law also explicitly prohibits any infringement on the freedom of expression protected by the Japanese Constitution and other civil liberties and rights when applying relevant provisions. The transitional provisions of the law stipulate that after three years of implementation, the government will reassess the law’s impact and take necessary measures as needed.
During the parliamentary deliberations on the new law, some opposition parties and lawmakers raised concerns about the clarity of the penalty standards and the potential chilling effect on political expression, artistic creativity, and other areas.
Records from the Japan National Diet show that when the bill was passed by the Lower House Cabinet Committee, a resolution was also passed requiring the government to conduct public awareness campaigns on the purpose and content of the law to prevent undue restrictions on political expression.
The Ministry of Justice has stated that during the implementation of the law, there will be extensive promotion of the law’s purpose and scope to the public to ensure its proper application. The Japanese National Police Agency has also deployed guidelines on handling cases post-enforcement of the law, instructing local law enforcement to carefully consider whether to file cases and make decisions after internal reviews.
(This article is based on reports from the Japan Broadcasting Corporation NHK)