AICA International joins the art community and civil society of Japan, in calling for the urgent repeal of the controversial Flag Desecration Law, passed in July 2026 by the Japanese Diet.

This law, that criminalizes public damage or defilement of the Japanese flag has been extensively opposed because it poses a threat to Freedom of Speech. Human Rights organizations have called it a violation of basic liberties and legal experts in Japan who advocate for its repeal, state that the law, in failing to be clear in what constitutes an offence and by merely citing ‘discomfort’ and ‘disgust’ by the public, as the basis of an offence has core ambiguities that can have serious implications. These can be exploited to curb Freedom of Speech, which is protected by Article 21 of the Constitution of Japan.

The Hinomaru has been extensively used as a symbol of dissent and defiance by Japanese artists. Under the Flag Desecration Law, these art works from the past, and in future, will be vulnerable to censorship. The artists too can face legal action for merely exercising their artistic freedom.

In 1979 Japan ratified the two core components of the International Bill of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), and is legally bound by them. Articles 18 and 19 of the former covenant establish the freedom of thought, conscience and religion and the freedom of expression, respectively, while Article 15 of the latter covenant establishes the right of everyone to take part in cultural life and asserts that state parties will respect the freedom indispensable for scientific research and creative activity. Moreover, the 1980 UNESCO Recommendation concerning the Status of the Artist asserts that member states have a duty to protect, defend and assist artists and their freedom of creation and establishes that freedom of expression and communication is the essential prerequisite for all artistic activities; member states should see that artists are unequivocally accorded the protection provided for in this respect by international and national legislation concerning human rights. Critical art that addresses social and political issues is clearly protected under these UN covenants and recommendations.

AICA, the representative body of art critics based in Paris since the 1940s, is active across the world with around 5500 members in 90 countries. One of its objectives is to protect the ethical and professional rights of its members and defend impartiality and freedom of artistic expression worldwide. The Censorship and Freedom of Expression Committee of AICA actively monitors cases of censorship and violation of freedom of expression and artistic rights.

As a signatory to International Bill of Human Rights, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), AICA urges the Legislators of the Diet to withdraw the Flag Desecration Law that violates freedom of expression enshrined in the UN as a basic human right of all citizens, including artists.

Sincerely,

On behalf of AICA

Malgorzata Kazmierczak, President of AICA International
Niilofur Farrukh, Chair of the Censorship Committee

This statement is also available in PDF format: Download the PDF