Slow Progress of National Flag Vandalism Punishing Bill

Although it has super majority in the Lower House, the Liberal Democratic Party (LDP) led by Prime Minister Sanae Takaichi keeps on struggling for enacting National Flag Vandalism Punishing Act. Through the discussion in the Upper House, it became obvious that the bill was made for inducing patriotism among the Japanese people. The opposition parties are skeptical about the motivation of the legislature, recognizing a possibility that the law may violate freedom of thoughts.

The bill has a highly unique definition of vandalism of national flag. According to the bill, someone who “publicly damages, removes or contaminates a national flag in a way that causes extremely uneasy or disgusting feeling on other people” will be punished with up to two years of detention or up to 200 thousand yen of fine. It is unclear whether there has been such a case in Japan.

 

So, what is the national flag of Japan? National Flag and National Anthem Act in 1999 defines national flag of Japan as with ratio of height and width at 2:3, and red circle at the center of white flag has diameter which is three-fifth of the height. It is not determined in the bill whether a person will be punished for destruction of a flag which size and design is not precisely the same as Japan’s national flag.

 

The bill achieved sponsors from two opposition parties: the Democratic Party for the People (DPP) and Sanseito. It passed the Committee on Cabinet of the Lower House with approval of the LDP, Japan Innovation Party (JIP), DPP and Sanseito on June 26th. However, those two opposition parties did not vote yes in the Plenary Sittings the next day, in which the bill passed with approval of leading parties. With other opposition parties, they boycotted every schedule in both chambers of the Diet, protesting unilateral procedure by leading coalition on bills for Lower House seat reduction and Backup Capital Act.

 

Although the bill of National Flag Vandalism Act was sent to the Upper House, the discussion for it was suspended until July 9th. In the Upper House discussion, one of the lawmakers with JIP argued that the law would generate devotion of the people to the state and national flag would work for integrity of the people. The opposition parties firmly opposed to the argument, which would cause coercion of respect to the national flag and invasion in personal feelings.

 

Experts in criminal law are also skeptical about legislation of punishment on damaging national flag. 148 scholars on criminal law issued a statement that opposed legislation with possibility of abuse. They indicated that the bill did not categorize what kind of national flag would be protected from destruction and might be punishing even a damaging of personal property. They argued that the law would regulate freedom of political expression.

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