TOKYO - The ruling Liberal Democratic Party approved on Tuesday a proposed bill that would outlaw desecration of Japan's national flag, targeting passage in the Diet session through mid-July.
The lawmaker-drafted bill is one of Prime Minister Sanae Takaichi's top legislative priorities, but it faces criticism from parts of the opposition camp that see it as potentially infringing on the constitutional right to freedom of expression.
"While giving full consideration to freedom of expression, it is the state's responsibility to punish acts that damage the national flag, a symbol of our country, for insulting purposes," LDP Executive Acting Secretary General Koichi Hagiuda said, adding the party will seek cooperation from opposition parties in passing the bill.
The proposed bill was approved by the LDP's Policy Research Council Board, and then by its General Council, concluding deliberations within the party.
It is expected to be submitted to parliament following consultations with the junior ruling coalition partner, the Japan Innovation Party. The policy was included in their coalition deal in October last year that helped bring Takaichi to power.
The proposed bill states that "a person who publicly damages, removes, or defiles" the Japanese flag in a way that "arouses strong feelings of discomfort or disgust in others" could be punished with a prison sentence of two years or less or a fine up to 200,000 yen ($1,250).
The measures will also apply to individuals who livestream or post videos online of the flag's desecration.
The punishments match those of existing provisions in the Penal Code outlawing the desecration of the flags of other countries. The lack of equivalent measures for such actions against the Japanese flag was highlighted as a contradiction to be corrected in the ruling coalition's agreement.
Parts of the opposition camp has argued that there has been no clear justification for the proposed legislation. Takeshi Shina, secretary general of the Centrist Reform Alliance, told reporters on Tuesday that its criminal punishments "severely restrict human rights" and that there "has not been a clear reason" for their use as a deterrent.
In a bid to dispel concerns over freedom of expression, exceptions to punishable flag desecrations have been set out, with writing on flags to support athletes representing Japan and the screening of scenes portraying destruction in a live-action film among them.
Works of fiction, such as anime, manga and video games, as well as content produced by generative artificial intelligence, are also excluded. Earlier party discussions also agreed that small novelty Japanese flags typically included in restaurant meals for children would not be affected.
