Punishing Flag-vandalism Bill Achieves Majority in the Diet

The leading coalition of Liberal Democratic Party and Japan Innovation Party, with support some opposition parties, submitted a bill for punishing flag-vandalism to the Diet on June 16th. The law will penalize act of damaging national flag “in a way that causes public feeling uncomfortable or disgusted.” It is still unclear what kind of action will be punished by the law. Although most opposition parties do not understand what kind of interest will be protected by the law, the bill was approved by the Committee on Cabinet in the House of Representatives on June 26th.

Some conservative lawmakers, including Prime Minister Sanae Takaichi, have been wondering why Japan does not have a law to punish damaging the flag of Japan, while there is a law to punish damaging foreign country’s flag. When the LDP formed leading coalition with JIP last October, conservative JIP proposed Takaichi to legislate punishing flag-vandalism. Takaichi accepted it and the LDP discussed that legislation.

 

The LDP concluded that they can legislate National Flag Vandalism Act which penalizes actions that publicly damaging, removing or contaminating national flag of Japan. According to the draft, the criminal violated the law will be punished with imprisonment for two years or less, or fine of 200 thousand yen or less. Considering freedom of expression, the draft made by LDP excluded damaging national flag in some activities of such expression as cartoon or film. The party insisted that the law would not inquire motivation of damaging.

 

Democratic Party for the People had opposed to legislating crime of damaging national flag, because it would violate freedom of expression. But after the LDP reviewed its draft with exclusion of posting video of flag-vandalism, the DPP decided to support the bill. Ultra-conservative Sanseito also approved the draft, with frustration with insufficiency in some patterns of damaging national flag. The bill was co-sponsored by LDP, JIP, DPP and Sanseito. It also achieved approval of Team Mirai and is expected to pass the Diet with majority.

 

In the Diet discussion, a lot of questions was made about what kind of action would or would not be punished. The sponsors raised some examples. Crime of damaging national flag included tearing the flag apart in a train station, drawing hoisted flag down and dumping it, stomping the flag or blotting it with excrement, or livestreaming of a scene of damaging the flag. Disposal of old flag, cutting off the flag twisting around the light on the ceiling, or signing messages on a national flag to encourage national sports team.

 

Most people do not know any single example that a national flag of Japan was publicly damaged with intention of insulting. The top opposition party, Centrist Reform Alliance, argues that the law of punishing flag-vandalism has no reason to be legislated. Sponsors of the bill indicated that the law will protect “a feeling of the people who thinks national flag precious. While they wanted the bill to prevent flag-vandalism in the future, the opposition parties dismissed that viewpoint as highly strange.

 

In the time of war, it was considered as an obligation of the people to salute with national flag of Japan. The leading parties insist that the law will not force the people to pay respect to national flag. However, punishing flag-vandalism will inevitably plant the people with a feeling of respect to the nation.

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