Student who waved crossed-out Japanese flag fears passage of vague desecration law

TOKYO -- An amendment to Japan's Penal Code to introduce the crime of damaging the national flag with the intent to insult the country is becoming a realistic possibility under Prime Minister Sanae Takaichi's administration.

The coalition agreement between the ruling Liberal Democratic Party (LDP) and Nippon Ishin (the Japan Innovation Party, or JIP) explicitly includes this proposal, and the Sanseito party has submitted a similar bill. However, experts warn that it could infringe on freedom of expression, and there is dissent even within the LDP. How should we consider this issue?

Sanseito leader Kamiya: 'I was baffled that kind of thing was allowed'

On the day before this year's House of Councillors election in July, Shiba Park in Tokyo's Minato Ward was filled with unusual fervor as Sanseito leader Sohei Kamiya delivered his stump speech. According to his camp, more than 10,000 people were there, including protesters holding placards with messages denouncing the party's "Japanese First" slogan as "discrimination."

A particularly striking sight at the gathering was a Japanese flag marked with a large X.

In October, Kamiya told reporters, "I was baffled that kind of thing was allowed" as he revealed that he had told party staff to draft Sanseito's flag desecration bill just days after seeing the crossed out "Hinomaru" flag. He argued, "Actions that demean the nation harm the human rights of many people. Such actions cannot be justified under 'freedom of expression' when considering public welfare," and he indicated a desire to seek cooperation from other parties.

Sanseito's proposed amendment to the Penal Code, submitted to the upper house in October, stipulates imprisonment of up to two years or a fine of up to 200,000 yen (about $1,300) for those who damage, remove or deface the national flag or other emblems with "the intent to insult Japan."

Adding an X-mark to the flag could be considered "defacement."

The coalition agreement between the LDP and JIP mentions enacting the flag desecration law in the ordinary Diet session next year, but details remain unclear. If the LDP, JIP and Sanseito agree, they could secure a majority in both houses, enabling the revision's passage.

What does the individual who displayed the crossed-out national flag think? He spoke with the Mainichi Shimbun.

University student in Tokyo explains the true intent behind the X-mark

A 21-year-old university student in Tokyo revealed he had created the flag, saying, "I wanted to express anti-Imperial system sentiments, so I was waving a Japanese flag with an X-mark. It was around that time the upper house election campaign started. I took it to street rallies as a kind of experiment, thinking that Sanseito was gaining momentum. I got various reactions, though most of the feedback was negative."

He added, "It was also meant to oppose Sanseito's display of nationalism and their discriminatory claims."

The student, who also works as a DJ, has been hosting demonstrations with two of his fellows, sending political messages while playing music on the streets.

Some social media users have claimed that the trio are backed by some organization, and there have been negative comments about the act of crossing out the Japanese flag. The student denied any organizational involvement, stating, "It's something we do on our own."

He explained, "Initially, even liberals said, 'Surely, marking an X on the Japanese flag is a no.' But as discussions about the desecration emerged, the sentiment shifted to 'It's OK.'"

Regarding Sanseito's proposed amendment targeting acts damaging the national flag with "intent to insult the nation," the student said, "It's something that can be interpreted in many ways, so I'm very frightened."

The crossed-out flag was also displayed during a demonstration in front of JR Shibuya Station in Tokyo in August. A 25-year-old man, considered a leader among the student's peers, expressed his stance on questioning Emperor Hirohito (posthumously known as Emperor Showa)'s war responsibility. "We reflected on what we could do on the 80th anniversary of (Japan's) postwar era, and chose the anti-Imperial system as our theme."

The other member, 23, speculated that the flag desecration law aims to fabricate arbitrary "enemies" under the guise of flag damage.

(Japanese original by Hiroyuki Tanaka and Honoka Uchida, Political News Department)