Japan: Concerns around proposed security laws that could restrict civic freedoms

The state of civic space in Japan is rated as ‘open’ by the CIVICUS Monitor, as civil society groups were able to undertake their work across the country without barriers, and peaceful protesters were also able to exercise their rights, in most cases, without restrictions. At the same time there are concerns about restrictions on press freedom and censorship. The government has also imposed tougher penalties for criminal defamation, and a draft law on the establishment of a human rights commission has been pending since 2012.

In recent months, concerns have been raised by civil society on new laws proposed that could restrict civic space including the Anti-Espionage Law, Foreign Agents Registration Act and flag desecration law. Press freedom concerns remain while there have been protests against proposed revisions to the pacifist clause in the Constitution and Showa era commemoration ceremony.

Association

NGOs raise concerns around the Anti-Espionage Law and Foreign Agents Registration Act

On 26th April 2026, a group of NGOs wrote to the administration to call on the government to ensure that if they enact an anti-espionage law and a foreign agents registration act, such laws should be consistent with the Japanese Constitution and international human rights law, notably the International Covenant on Civil and Political Rights (ICCPR).

Regarding the proposed anti-espionage law, NGOs urged the Japanese authorities to ensure, at a minimum, that “national security” is interpreted in accordance with international human rights law and standards, and that no restrictions are imposed on the basis of vague and overbroad terms such as “espionage,” “foreign agent,” and “political activity”. They also urged the government to “ensure the protection of freedom of expression, including by adding a general “public interest” clause to explicitly protect those who collect and disclose information in the public interest, including whistleblowers, journalists, academics, activists, and other human rights defenders.”

They also called for the proposed new foreign agents registration act to be consistent with recommendations by the UN Human Rights Committee and the UN special rapporteurs on the rights to freedom of peaceful assembly and of association, among other international human rights mechanisms. The letter stated that the law “should not unduly hinder or prevent organisations from seeking and receiving funding from foreign sources, nor penalise them solely due to their receipt of foreign funds. The government should establish independent oversight bodies that are consistent with the Global Principles on National Security and the Right to Information (Tshwane principles) to monitor both laws.”

Both bills have yet to be submitted to parliament at the time writing.

Expression

Flag desecration law poses a threat to freedom of expression

Human Rights Watch reported that Prime Minister Sanae Takaichi and the ruling Liberal Democratic Party’s coalition partner, the Japan Innovation Party, said on 17th March 2026 that they would present a law forbidding the desecration of the national flag during the ongoing Diet session.

Currently, Japan’s penal code only makes it a criminal offence to damage foreign flags, which the two parties described in their October coalition agreement as a “contradiction” that they pledged to “correct.”

The UN Human Rights Committee in a General Comment on freedom of expression has expressed concern regarding laws on such matters as “disrespect for flags and symbols.”

According to HRW, while Japan’s ruling coalition has yet to submit its bill, such laws need to be consistent with international human rights law, notably the International Covenant on Civil and Political Rights. It’s difficult to envision a flag desecration law that would meet its strict standards.

On 1st April 2026, it was reported that the ruling LDP party is divided over the proposal, but the party aims to reach a consensus.

Press freedom concerns

In the recent World Press Freedom Index published by Reporters Without Borders (RSF) in early May 2026, Japan was ranked 62nd among 180 countries.

RSF stated that since 2012 and the nationalist right’s rise to power, journalists have reported distrust and even hostility towards the press. This is compounded by the kisha club (“reporters’ club”) system, which continues to regulate access to information.

Several legal and regulatory factors impact journalists’ ability to report on the ground. The government refuses to amend a law on the protection of specially designated secrets, which punishes the publication of information obtained “illegally” by up to ten years in prison.

Government and corporations routinely exert pressure on the management of mainstream media, resulting in heavy self-censorship on topics that could be deemed sensitive, such as corruption, sexual harassment, health issues and pollution.

On social media, nationalist groups also routinely harass journalists who criticise the government or cover “unpatriotic” subjects, such as the slow response to the Noto disaster or using the term “treated radioactive water” to designate Fukushima water.

Peaceful Assembly

Protest at Showa era commemoration ceremony

There were protests at the government-sponsored "100th Anniversary of Showa" commemoration ceremony held on 29th April 2026 at the Chiyoda Ward, Tokyo. The Showa period was a time when Japan experienced unprecedented changes such as the war, the end of the war, reconstruction and rapid economic growth.

The All-Japan Federation of Student Self-Government Associations (Zengakuren), a group affiliated with the Chukaku-ha (Middle Core Faction), demanded the cancellation of the ceremony. One activist was arrested on the spot on suspicion of obstructing official duties.

Nationwide protests to protect constitution

Protesters took to the streets across the nation in April and May 2026 to rally against the government's intent to amend the Constitution's pacifist clause.

Article 9 forbids Japan from threatening or using military force to settle international disputes.

However, controversial legislation passed a decade ago theoretically allows Japan to exercise collective self-defence – or coming to the aid of an ally under attack. Any revisions would need to secure a two-thirds majority in both houses of Japan’s national diet – or parliament – and a simple majority in a national referendum.

Japan’s prime minister, Sanae Takaichi, said the constitution, which was written by US occupation forces after the Second World War, “should periodically be updated to reflect the demands of the times”. Takaichi and others on the conservative wing of the ruling Liberal Democratic Party have long called for change, saying the current document restricts Japan’s ability to respond to growing security threats from North Korea and China.

The crowd of roughly 36,000 gathered in front of the Diet for a joint protest organised on 19th April 2026 by “9 Jo Kaiken No! Zenkoku Shimin Action” (Nationwide citizen action to stop revision of Article 9 of the Constitution) and “Senso Sasenai, 9 Jo Kowasuna! Sogakari Kodo Jikko Iinkai” (Executive committee for action to stop war and protect Article 9 of the Constitution).

On 3rd May 2026 - constitutional memorial day - an estimated 50,000 people gathered at a park in Tokyo in support of the document. Protesters held anti-war placards and said article 9 had succeeded in keeping Japan out of US-wars, including Iran.