Nearly 150 Japan academics oppose bill banning national flag desecration

A group of nearly 150 Japanese academics said Thursday they had petitioned lawmakers over a bill that criminalises the act of damaging the national flag, arguing it threatens the right to freedom of expression.

The bill, a key part of Prime Minister Sanae Takaichi's conservative agenda, states that anyone who publicly damages, removes or defaces the national flag in a manner that causes significant discomfort or revulsion to others will face up to two years in prison or a fine of up to 200,000 yen ($1,200).

It cleared the lower house last week, where the ruling Liberal Democratic Party (LDP) holds a majority, and could pass through the upper house later this month.

But in a statement submitted to lawmakers, 148 legal experts said they had "strong concerns that it could curb freedom of political expression" and grave worries "from the viewpoint of criminal law". 

At a news conference on Thursday, Takaaki Matsumiya, law professor of Ritsumeikan University, said that "Japan has a history of waging wars of aggression, and even among the Japanese there are some people who have a negative image" of the national flag.

"The ideas of those people should be respected in the process of legislation," he told reporters.

Unlike the flags of nations such as Germany, Italy and France, which "symbolise the values of freedom and democracy", the Japanese flag "doesn't symbolise such values", he said.

Following its World War II defeat in 1945, Japan established a US-imposed, pacifist constitution, but its national flag remains unchanged.

Matsumiya argued that the bill could also be used "as a tool of hate".

"For example, if people joining anti-foreigner rallies hold a national flag, and if that flag is damaged by those who protest against xenophobia, protesters could be arrested by police," he said.

The statement urged caution over "punishing someone for causing discomfort, because it means it is possible to create various 'crimes of hurting feelings'".

"This kind of law that is open to abuse should never be enacted," the academics said.

The ruling bloc is in a minority in the upper house, but the flag bill is supported by several other parties in addition to the LDP.

But the legislation also faces significant pushback among opposition parties who say it violates a constitutional right to freedom of expression.

The Centrist Reform Alliance, an opposition party that holds 48 seats in the lower house, has questioned the legal rationale behind the criminalisation of damaging the flag and has urged more careful discussions.

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© Agence France-Presse