TOKYO - A protest against Prime Minister Sanae Takaichi was held in Tokyo's Shibuya district on July 16 as public concern grew over a bill that would impose criminal penalties for damaging the Japanese flag.
The bill establishing the offense of damaging the national flag was approved by the House of Councillors Cabinet Committee on July 16. Some members of the public expressed concern that fear of punishment could create a climate of self-censorship across society.
Protests were also held around the National Diet building.
Japan’s national flag, formally known as the Nisshoki and more commonly called the Hinomaru, has its roots in the country’s long association with the sun. The red disc represents the sun against a white background, reflecting Japan’s traditional description as the land of the rising sun and the role of the sun goddess Amaterasu in imperial mythology.
Sun-disc emblems appeared on military fans, banners and other objects from at least the medieval period. The design became increasingly recognizable during the age of the samurai and was used on ships sent overseas by Toyotomi Hideyoshi in the late 16th century and the Tokugawa shogunate in the early 17th century. It was not yet governed by a comprehensive national flag law, but gradually developed into a symbol identifying Japanese vessels and authorities.
The modern Hinomaru took shape after the Meiji Restoration as Japan built a centralized state and expanded diplomatic and commercial relations with other countries. An 1870 government proclamation specified the sun-disc flag for merchant ships, establishing the basic design that became Japan’s de facto national flag. It was subsequently displayed at government buildings, schools, military ceremonies and public celebrations.
During Japan’s imperial expansion and the Pacific War, the flag became closely associated with the military and the state. Soldiers often carried Hinomaru flags signed by relatives and friends as good-luck banners, while the symbol was displayed throughout territories occupied by Japan. That history left the flag with sharply different meanings after Japan’s defeat in 1945. For many people it remained a symbol of national identity, while others, including people in countries that experienced Japanese occupation, associated it with wartime aggression and colonial rule.
The Hinomaru continued to function as Japan’s national flag after the war, but its legal status remained unclear for decades. The government formally designated the Nisshoki as the national flag through the Act on the National Flag and Anthem, which took effect on August 13, 1999. The law also designated Kimigayo as the national anthem and established the flag’s proportions, placing a crimson disc in the center of a white field.
The 1999 law did not impose penalties for damaging the flag. The government at the time said it was not considering making flag destruction a criminal offense, reflecting concerns that such a restriction could affect freedom of expression.
Debate over a separate flag-desecration offense continued, however. Japan’s Penal Code already contained provisions against removing, damaging or defacing the flag or emblem of a foreign country for the purpose of insulting that country. Supporters of a domestic flag law argued that it was inconsistent to protect foreign flags while providing no comparable protection for Japan’s own flag.
The Liberal Democratic Party previously submitted legislation in May 2012 that would have punished anyone who damaged, removed or defaced the Japanese flag with the intention of insulting Japan. That proposal faced opposition from legal organizations, which argued that the protection of foreign flags was intended to preserve diplomatic relations and therefore served a different legal purpose from restricting expressions involving Japan’s own flag. The earlier proposal did not become law.
The latest bill, formally titled the Bill on Punishment for Damage and Other Acts Against the National Flag, was submitted to the House of Representatives on June 16, 2026, by former Chief Cabinet Secretary Hirokazu Matsuno and 16 other lawmakers. It was backed at the submission stage by lawmakers from the Liberal Democratic Party, Nippon Ishin no Kai, the Democratic Party for the People and Sanseito. The lower house Cabinet Committee approved it on June 26, followed by approval at a House of Representatives plenary session on June 30. It was then sent to the House of Councillors and referred to its Cabinet Committee on July 7.
The bill would punish a person who publicly damages, removes or defaces an object generally recognized as a Japanese flag in a manner likely to cause people strong feelings of discomfort or disgust. The maximum penalty would be two years of imprisonment or a fine of up to 200,000 yen. Authorities would be required to assess the outward form of the act, the surrounding circumstances and other objective factors rather than attempting to determine a person’s private thoughts.
The proposal states that its purpose is to protect the feelings of people who value the national flag. Ordinary miniature flags, depictions in paintings and flags appearing in manga, animation, games or AI-generated works would generally fall outside the definition because the bill applies to physical objects socially recognized as being used as national flags. A person livestreaming their own destruction of a flag could be covered, while news reporting or merely reposting footage of another person damaging a flag would not itself be punishable, according to the LDP’s explanation.
The legislation also contains a clause requiring authorities to avoid unjustly infringing freedom of expression and other constitutional rights. It would take effect 20 days after promulgation and would be reviewed roughly three years after implementation, including an examination of online videos and the public display of damaged or defaced flags.
Opponents argue that phrases such as conduct causing “strong discomfort or disgust” are too subjective and could make it difficult for people to know in advance what actions are illegal. Lawyers and civil rights advocates have also warned that the threat of criminal punishment could discourage political art, demonstrations and other forms of protest even when prosecutors ultimately decide not to bring charges. Supporters maintain that the bill is narrowly written, applies only to public and objectively offensive physical acts, and is needed to protect the national flag as a symbol valued by many Japanese citizens.
Source: Kyodo
