Japan's parliament has approved a law imposing criminal penalties for desecrating the national flag, a move critics say threatens constitutional free speech protections. The legislation, passed on Friday, targets public acts of vandalism against the Hinomaru, including burning, stomping, or throwing mud, with violators facing up to two years in prison or fines of up to 200,000 yen ($1,250). Main Developments The law, driven by Prime Minister Sanae Takaichi's conservative agenda, closes a legal gap: Japan previously penalized desecration of foreign flags to avoid diplomatic incidents but offered no equivalent protection for its own flag. The new measure applies to physical acts that cause others "extreme discomfort or disgust," as well as livestreaming such acts. Drafting committee head Hirokazu Matsuno carved out specific exemptions. Physical paintings, digital media including anime, manga, video games, generative AI, and even miniature paper flags used in children's restaurant meals are explicitly excluded from the law's scope. Read also: Trump 2020 Election Claims Resurface in White House Address Background Japan's national flag, the Hinomaru, has remained unchanged since the country's World War II defeat in 1945, when the U.S. imposed a pacifist constitution. The flag carries complex historical baggage. Ritsumeikan University law professor Takaaki Matsumiya noted 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 a flag that "doesn't symbolise" democratic values like European flags do. Takaichi's push to protect the flag is part of a broader effort to reassert traditional patriotism and correct what supporters call a "wrong" legal double standard. The law follows a petition from 150 Japanese academics who warned of "strong concerns that it could curb freedom of political expression." Why It Matters Opponents, including constitutional scholars and liberal politicians, argue the vaguely worded law poses a severe threat to freedom of speech under Article 21 of Japan's constitution. The Democratic Lawyers Association of Japan condemned the bill's rationale, stating that what constitutes "discomfort" is left entirely to the "arbitrary judgment of investigative authorities," which risks targeting political protests and government critics. The law's ambiguity creates uncertainty for activists and artists who may inadvertently run afoul of its provisions, despite the exemptions for digital and artistic works. The measure also highlights Japan's ongoing struggle to reconcile its post-war pacifist identity with nationalist impulses. What's Next Legal challenges to the law are expected, with opponents likely to argue that it violates constitutional free speech protections. The law's enforcement will test how authorities interpret the vague standard of "extreme discomfort or disgust." No specific court challenges have been announced as of the law's passage.