TOKYO - Japan's ruling Liberal Democratic Party is moving toward legislation that would punish acts of damaging or defiling the national flag in public, with a party project team broadly approving the outline of a proposed law on May 22nd while excluding decorative flags used in children's meals, artwork and digital content.
Japanese flags are commonly displayed by supporters at sporting events and other public gatherings, but the LDP is now discussing how to penalize acts deemed to deliberately damage the symbol in a manner that causes strong public offense.
"We want to properly protect the flag so that people who cherish it are not subjected to situations they find offensive," said Hirokazu Matsuno, a former chief cabinet secretary who chairs the LDP project team on damage to the national flag.
Under the outline, a "national flag" would be defined as a tangible object made of cloth or similar material and intended for actual display, such as a flag that can be raised or held up in public.
Small decorative Japanese flags placed in children's meals would therefore not be covered by the proposed law. Flags depicted as part of a painting would also be excluded, as would images created for anime, manga, video games or through artificial intelligence.
The legislation would apply to acts of publicly damaging or soiling a Japanese flag in a manner likely to cause significant discomfort or revulsion among others.
Posting footage on social media showing oneself damaging a flag, broadcasting such conduct live or otherwise making it viewable to an unspecified number of people would also be subject to punishment.
The proposed penalties are imprisonment for up to two years or a fine of up to 200,000 yen.
Some LDP lawmakers, however, voiced caution during discussions on May 22nd, pointing to the potential constitutional implications of criminalizing such behavior.
"This is a constitutional issue and a subject involving the people's freedom of thought and freedom of expression, so much more careful deliberation is needed," said Takeshi Iwaya, a former foreign minister.
The ruling coalition is seeking to pass the legislation during the current session of the Diet.
Source: TBS
