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LDP Backs Flag‑Damage Offense Judged by Acts, Not Intent

The shift signals a bid to punish visible defacement without policing beliefs.

Overview

  • The Liberal Democratic Party’s project team agreed that a proposed national emblem damage offense should hinge on the act itself, with no need to prove motive or purpose.
  • Members said terms tied to contempt or insult should be removed to avoid reaching into thoughts protected by the constitution.
  • Drafters signaled they will not impose a legal duty to respect the flag and defined the legal interest as the public’s shared sense that the flag deserves care.
  • Former foreign minister Takeru Iwaya, who remains in the LDP, opposed the plan in an interview and warned it could punish beliefs or serve as political showmanship.
  • Japan’s code now punishes damage to foreign national symbols only when done to insult that country, so dropping intent for Japan’s flag marks a clear break that has already drawn free‑expression scrutiny.