LDP Drafts a Bill against Destruction of National Flag
A project team of the Liberal Democratic Party (LDP) made a draft of legislation that punishes a crime of damaging national flag. Although the LDP expects the law to protect people’s sentiment of cherishing national flag, there is no specific example in which most Japanese citizens were hurt their love for flag of Japan. Some lawmakers concern violation of freedom of expression. Prime Minister Sanae Takaichi nonetheless promotes this right-wing agenda.
The draft is full of unclear concepts. What is national flag? The draft answers that it is “something commonly regarded as national flag.” It would be made of a fabric or paper, shown by hanging on a rod. The draft proposes punishment of two years or less in prison or 200 thousand yen or less of fine to damaging a national flag “in a way which causes extreme uneasiness or dislike of someone.”
The crime of damaging national flag may include destruction of one owned by an individual. Publishing a video of destroying national flag through social networking service will be punished. The object of punishment excludes animation video, cartoon, video game, something created by generative artificial intelligence or Japanese flag painted in a drawing. While it is common that a small national flag is standing at the top of chicken rice in a kid’s lunch of restaurants, the project team explained that damaging that national flag should not be punished.
A major question on the legislation is why it is necessary now. Penal Code of Japan has a provision of punishing damage on foreign flag for diplomatic reasons. The conservatives including Takaichi argue that it would be unacceptable that damaging Japanese flag is legally tolerated, while damaging foreign flag is a crime. Even though there is no specific dispute over invasion of interest by damaging Japanese flag, they assert that possible interest in the future should be protected.
In the discussion at the LDP project team, it was reconfirmed that intention of damaging national flag should not be considered. The legislature is going to punish only act of damaging regardless its purpose. They supposed that it would trespass freedom of expression, once the punishment is made based on its purpose. However, one of the members of the LDP, former minister for foreign affairs Takeshi Iwaya, firmly opposed the legislation, arguing that punishing “what was communicated,” not “what has been done,” would be violating freedom of expression.
A right-wing and populist opposition party, Sanseito, has submitted its own bill for punishing damaging national flag to the Diet in April. Another conservative opposition party, Democratic Party for the People, is careful about violation of freedom of expression. Centrist Reform Alliance is skeptical about necessity of the legislature. Japan Communist Party strongly opposes the legislation, recognizing it as a surveillance of people’s thoughts.
Takaichi once drafted a bill to punish damaging national flag in 2012, which was scrapped without enough support. She still insists on it as a prime minister and had an agreement with Japan Innovation Party in last October, which hoped enactment of an act in 2026 ordinary session. The conservative legislators in the LDP are promoting the legislature to appeal their support for Takaichi.
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