National flag damage law passes Upper House, with calls for caution in enforcement

2026-07-17

National flag damage offense enacted

A law punishing acts of damaging the national flag was approved and enacted on the 17th in the Upper House plenary session with support from the ruling coalition and others. It carries a sentence of up to two years in prison or a fine of up to 200,000 yen, and will take effect 20 days after promulgation.

Penalty scope kept limited

The bill jointly submitted by the Liberal Democratic Party, Nippon Ishin no Kai, the Democratic Party for the People and the Sanseito covers cases in which the national flag is publicly damaged, removed or defaced 'in a manner that causes a person marked discomfort or disgust.' The LDP said the law would not cover damage scenes in live-action films, images generated by artificial intelligence (AI), messages written on a flag, or acts such as destroying flags on children's lunches.

Concerns over application

Meanwhile, during deliberations, opposition lawmakers repeatedly said the line between punishable and non-punishable conduct was unclear and warned that the law could chill freedom of expression. Professor Motohiro Hashimoto of Chuo University said at a House of Councillors Cabinet Committee meeting on the 14th that criminal laws whose scope is later expanded through interpretation undermine the rule of law.

Yuichiro Tamaki, leader of the Democratic Party for the People, told reporters inside the Diet building on the 17th that the law should be applied cautiously. He also said that, as a bill sponsor, he wanted to keep watch so that it would not be operated in a way that has a chilling effect on freedom of expression.

The supplementary provisions state that, around three years after the law takes effect, the government will examine whether the measure is necessary and sufficient to protect public sentiment that values the national flag. It will check the use online of images showing damage, removal or defacement, as well as acts such as publicly displaying a damaged national flag, and will take the required steps if deemed necessary.

Under the Penal Code, there are already punishment provisions for damaging foreign flags and emblems. The LDP and Nippon Ishin no Kai had advanced legislation targeting the Japanese national flag, positioning this point as a 'contradiction' in their coalition agreement signed in October 2025.

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