Up to 2 Years in Prison for Desecrating Rising Sun Flag... Japan Enforces 'National Flag Desecration Act' Amid Controversy

The "National Flag Desecration Act," which penalizes the desecration of Japan's national flag, the Hinomaru, took effect today (August 13, 2026) amid controversy.

The law is controversial because Japan carries a shameful past of imperialist wars, and a considerable number of people hold negative perceptions toward the Hinomaru, the country's national flag.

According to the Japanese government, the "Act on the Punishment of Desecration of the National Flag," which passed the Diet on July 17, 2026, went into effect today.

The legislation imposes penalties of up to two years of imprisonment or a fine of up to 200,000 yen (approx. 1.77 million KRW) for "acts of publicly desecrating, removing, or soiling the national flag in a manner that causes significant unpleasantness or disgust to others."

During Diet deliberations, lawmakers from the ruling Liberal Democratic Party and other supporting parties cited examples of punishable acts such as "vigorously stepping on the national flag in a park or public road to cover it in mud" and "filming oneself desecrating the flag and streaming it live on social media (SNS)."

Animations or videos created using generative artificial intelligence (AI) are not subject to punishment.

The enactment of the law was led by the far-right coalition partner Nippon Ishin no Kai (Japan Innovation Party), and Prime Minister Takaichi Sanae had also pushed for it as a core policy.

Despite fierce opposition from opposition parties during the parliamentary deliberation process, the ruling coalition pushed it through based on its majority in seats.

During the Diet deliberations, critics pointed out that "unpleasantness and disgust are subjective emotions, making the targets of punishment ambiguous," and opinions were raised denying the necessity of the legislation, noting that acts of publicly desecrating the national flag had been extremely rare until now.

Constitutional legal circles also pointed out that the law could be unconstitutional as it infringes upon freedom of expression and thought guaranteed by the constitution.

Immediately after the law's passage, 199 constitutional scholars issued a statement demanding its abolition.

As the enforcement of the law was pushed through ignoring criticisms, backlash is strong, with protest rallies being held offline and posts mocking the law flooding online platforms.

Even though many other countries, including South Korea, legally penalize national flag desecration, the primary reasons for the particularly strong backlash within Japan against this law lie in the unique nature of the Hinomaru and a backlash against the rightward shift of the ruling camp.

In the case of South Korea's Criminal Act, any person who damages, removes, or defiles the national flag for the purpose of insulting the Republic of Korea is punishable by imprisonment or imprisonment without prison labor for not more than 5 years, or by a fine not exceeding 7 million KRW.

Online, a "National Flag Desecration Challenge" is spreading, where people modify the national flag and write political messages on it, seemingly mocking the law.

Methods include uploading videos to X (formerly Twitter) of cutting up the Hinomaru or writing expressions such as "racists are fools" on the flag.

Attorney Oguchi Akihiko pointed out to the Tokyo Shimbun that "it is possible to sentence someone to guilty, labeling them as political prisoners, if they desecrate the national flag as a form of expression surrounding Japan's war responsibility or as an expression of opinion against the current administration," adding that "it will become a threat to mass movements and the press."

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.