Setback in Flag Desecration

One of the focused topics in this special session of the Diet is criminalizing desecration of the national flag. While Prime Minister Sanae Takaichi has been a proponent of this rightwing agenda, there are lawmakers in her Liberal Democratic Party (LDP) who regard the legislation as too eccentric to protect human rights of the people. It is possible that the legislation will be resulted in simply patriotic declaration for paying respect to the national flag of Japan.

The Penal Code of Japan provides that damaging foreign flag is a crime. “A person who damages, removes or defiles the national flag or other national emblem of a foreign state for the purpose of insulting the foreign state is punished by imprisonment for not more than 2 years or a fine of not more than 200,000 yen,” Article 92 of the law says. However, no law in Japan penalizes destruction of Japan’s national flag.

 

In post-war Japan, the government could not restore public confidence, since it had led the people to a devastating defeat in the World War II. It was not unusual for the people to embrace disappointment to their government. Some of those people were sympathetic for the leftist ideology. If Japan had introduced a crime of desecration of Japan’s national flag, it might have caused some social disorder.

 

Considering herself as one of the rightwing politicians, Takaichi insists that she was a long-time advocate for legislation against flag desecration. In her campaign speech for the Lower House election in February, Takaichi questioned current legislation. “If we damage or defile foreign state’s national flag, we may be imprisoned for two years. But we can treat our country’s flag at our disposal. It is strange, anyway,” said Takaichi.

 

The coalition partner of LDP, Japan Innovation Party (JIP), is more willing to have legislation for flag desecration. When forming the leading coalition in October, 2025, both parties agreed on legislating “crime of desecrating Japanese national flag” in the ordinary session of the Diet in 2026. Based on that agreement, Takaichi accelerates discussion on this issue now.

 

The LDP and JIP considers amending the Penal Code. However, there is a concern that penalizing damaging national flag would violate freedom of expression, thought or conscience. One option considered in a project team in the LDP is not reviewing the Penal Code but legislating a new law which only provides basic concept to respect national flag without penalty on damaging national flag.

 

Takaichi has been trying to submit a bill for desecration to the Diet, but it was blocked by the LDP board. Now she is the leader of the party, but other LDP leaders are not very enthusiastic for the legislation. If the legislation is downgraded to a conceptual slogan, it is likely that Takaichi’s leadership will be questioned. The key point is how Takaichi and JIP leaders can clear the problem of violation of human rights.

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