Editorial: No law needed to protect respect for the national flag

July 2 , 2026

A law requiring criminal penalties to be levied on those who disrespect or defile Japan’s national flag is superfluous and may very well infringe on our constitutional rights as citizens. Yet that very law was passed on June 20 by the ruling coalition comprised on the Liberal Democratic Party and the Japan Innovation Party. Every opposition party—including even the hard-right Sanseito—abstained from the vote.

Known as the “Flag Desecration Law,” those charged with desecrating acts that cause “significant discomfort or disgust” for others, may be given a custodial sentence of less than two years or up to ¥200,000 in fines. According to those who proposed it, the law aims to protect people’s sense of respect for the flag in an age in which the popularity of social media could theoretically fuel such acts—although flag-burning and similar acts are hardly noteworthy to date. They are listed as “facts” requiring legislature that are far removed from reality.

First of all, if someone desecrates the flag hoisted by another person, that falls under criminal damage of private property, a law that already exists. The desecration law, say its proponents, was designed to include those who damage a flag that they own themselves—although proponents failed to cite actual cases. Then there is the question over the new law’s ambiguous wording as “disgust” or “discomfort” are highly subjective and undermines the principle of legality.

More importantly, some pundits have testified that the law encroaches on the freedom of expression ensured by the constitution. They say it will stifle political views or artistic liberty. Ironically, rather than protecting the national flag, the law may only work to further distance people from respecting it.