Japan's Law against National Flag Vandalism Takes Effect

Tokyo, Aug. 13 (Jiji Press)--A law to criminalize acts of damaging Japan's national flag came into effect Thursday, amid unresolved concerns about its impact on expressive activities following criticisms that the scope of punishable acts is unclear.

Under the Japanese law, those who publicly damage, remove or deface the national flag in a way that causes people to feel extremely uncomfortable or disgusted could face up to two years in prison or a fine of up to 200,000 yen. Livestreams of such acts are subject to punishment, while archive broadcasts are not.

The law seeks to protect tangible objects used as a national flag. Creative works, such as anime and images produced with generative artificial intelligence, as well as flag-shaped decorations on children's meals and flag-inspired patterns on clothes are excluded from the scope of the law.

The legislation stipulates that whether an act is punishable is determined through a comprehensive assessment of the objective circumstances, including the external form of the act and the surrounding situation, while giving consideration to the freedom of expression and belief.

In parliamentary deliberations on the law before its enactment on July 17, the interpretation of "extremely uncomfortable" was a major issue. Opponents argued that the abstract language could restrict artistic expression and political activities.

[Copyright The Jiji Press, Ltd.]