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Flag desecration

From Wikipedia, the free encyclopedia
Method of protest or insulting of a flag
Not to be confused withDefacement (flag).

Countries by legality of flag desecration as of 2025

Flag desecration is thedesecration of aflag, violation offlag protocol, or various acts that intentionally destroy, damage, or mutilate a flag in public. In the case of anational flag, such action is often intended to make a political point against a country or its policies. Some countries have laws against methods of destruction (such asburning in public) or forbidding particular uses (such as for commercial purposes); such laws may distinguish between the desecration of the country's ownnational flag and the desecration of flags of other countries. Some countries have also banned the desecration of all types of flags from inside the country to other country flags.[1]

Background

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Actions that may be treated as the desecration of a flag includeburning it,[2]urinating ordefecating on it, defacing it withslogans,[2] stepping upon it, damaging it with stones; bullets; or any other projectile, cutting or ripping it,[2] improperly flying it, verballyinsulting it, dragging it on the ground,[3] or eating it, among other things.[4]

Flag desecration may be undertaken for a variety of reasons. It may be a protest against a country'sforeign policy, including one's own, or the nature of the government in power there. It may be a protest againstnationalism or a deliberate and symbolic insult to the people of the country represented by the flag. It may also be a protest at the very laws prohibiting the act of desecrating a flag.[citation needed]

Flag desecration laws

[edit]

In some countries, desecrating a flag is illegal and punishable by aprison sentence or afine. In countries where it is not, the act may still be prosecuted asdisorderly conduct orarson or, if conducted on someone else's property, astheft orvandalism.[citation needed]

List of countries' flag desecration permissibility and penalties
CountryLegalityPenalty
AlgeriaNo5–10 years imprisonment
Argentinaup to 1 year imprisonment
Armeniaup to 2 years community service or up to 1 year imprisonment
AustraliaYes
AustriaNoup to 6 months imprisonment or a fine
Azerbaijanup to 1 year imprisonment
BelgiumYes
BrazilNoup to 1 month imprisonment
up toR$10 fine
Bulgariaup to 2 years imprisonment and fine up to €1,600 (flag of Bulgaria and EU)
CanadaYes
ChileNoup to 1 year imprisonment
Chinaup to 3 years imprisonment
Croatiaup to 1 year imprisonment
Czechiafine up to 30,000CZK
DenmarkYes
(only the national flag of Denmark)
desecration of the Danish flag legal; a fine or up to 2 years imprisonment for desecrating a foreign (non-Danish) flag, but law unused since 1936
Dominican RepublicNoup to 3 months imprisonment; from 5 to 20minimum wages fine
Egyptfine of up to 30,000Egyptian pounds
Ethiopiaup to 3 years imprisonment; up toBr 5,000 fine
Finlandfine of unspecified amount in legal code[clarification needed]
Franceup to 6 months imprisonment; up to€7,500 fine
Germanyup to 3 years imprisonment
Greece
Hungaryup to 1 year imprisonment
Indiaup to 4 months imprisonment
up to10,000 fine
Indonesiaup to 10 years imprisonment; up toRp 1,000,000,000 fine
Iranunknown
IrelandYes
IsraelNoup to 3 years imprisonment
Italyup to 2 years imprisonment; €1,000–€10,000 fine
JapanYes
(since April 13, 2022, but only the national flag of Japan)
up to 2 years or a fine of up to ¥200,000 for foreign flags, not its national flag
KazakhstanNoup to 2 years imprisonment or house arrest, or 900 hours community service; up to 3,000MCI fine
Kyrgyzstan3–6 months imprisonment or up to 1 year house arrest; 50–100 monthlyminimum wages fine
Lithuaniaup to 2 years imprisonment; variable fine
Malaysia5–15 years imprisonment
Mexico6 months to 2 years imprisonment
Morocco6 months to 3 years imprisonment (extended to 1 to 5 years if committed publicly), and/or a fine ofMAD 10,000 toMAD 100,000
NetherlandsYes
New ZealandNoNZ$5,000 fine
NigeriaA fine of100 and in the case of a continuing offence to a fine of10 for every day or part of a day during which the offence is continued after the day on which such person is first convicted.[5][6][7]
North Macedoniaunknown
NorwayYes (since 2008)
PakistanNovaries[clarification needed]
Philippinesup to 1 year imprisonment; up to20,000 fine
Polandup to 1 year imprisonment; variable fine
RomaniaYes
RussiaNoup to 4 years imprisonment
Samoaup to 6 months imprisonment
Saudi Arabiaup to 1 year imprisonment; up toر.س 3,000 fine
Singaporeup to 6 months imprisonment; up toS$30,000 fine
Sloveniafine or up to 1 year imprisonment[8][9]
South AfricaYes (since 1994)
South KoreaNoup to 10 years imprisonment; up to7 million fine
Spain€420–€144,000 fine
SwedenYes (since 1971)
 SwitzerlandYes (Private only)
TaiwanNoup to 1 year imprisonment; up toNT$9,000 fine
Thailandup to 6 years imprisonment;฿2,000 fine[citation needed]
Turkeyup to 18 years imprisonment
Ukraineup to 1 year imprisonment
United Arab Emirates10 years to 25 years imprisonment; fine of at leastDH 500,000
United KingdomYes
United States
UzbekistanNoup to 360 hours community service or 3 years penal labour; up to 25 BCU fine

By jurisdiction

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Algeria

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In Algeria, flag desecration is a crime. According to article 160bis of the Algerian penal code, the intentional and public shredding, distortion, or desecration of the national flag is punishable by five to ten years of imprisonment.

In 2010, an Algerian court convicted 18 people of flag desecration and punished them by up to six years of imprisonment and $10,000 in fines after protests about jobs and housing.[10]

Argentina

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The Penal Code (Código Penal) on its Article 222 criminalizes the public desecration of the national flag, coat of arms, national anthem, or any provincial symbol, imposing one to four years of imprisonment.[11] In other words, in Argentina, flag desecration is a crime punishable by up to one year of imprisonment.

Armenia

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The Armenian criminal code punishes any insult to the flag (as well as to the coat of arms and the national anthem) with community service of up to two years or imprisonment of up to one year.[12]

Australia

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Main article:Flag of Australia

Legality

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Flag desecration is not, in itself, illegal in Australia.[13] However, flag desecration must be compliant with the law.

InColeman v Kinbacher & Anor (Qld Police),[14] Coleman was successfully prosecuted for flag burning, not because of its political nature, but because given the size of the flag, the use of petrol as an accelerant, and the fact that it was in an open park area, many members of the public experienced "concern, fright and anger", and in these circumstances flag burning could be considereddisorderly conduct.

Attempts to ban flag burning

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There have been several attempts to pass bills making flag burning illegal in Australia, none of which have yet been successful. For four consecutive years between 1989 and 1992,National Party MPMichael Cobb introduced bills making it an offence to desecrate, dishonour, burn, mutilate or destroy the Australian national flag. On each occasion, the bill failed.[15] As of May 2016, the most recent bill which attempted to ban flag burning was theFlags Amendment (Protecting Australian Flags) Bill 2016, which was introduced byNational Party MPGeorge Christensen but lapsed in April 2016.[16]

Historical occurrences

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During the2005 Cronulla riots, a Lebanese-Australian youth, whose name has been kept secret, climbed aReturned and Services League (RSL) club building and tore down its flag before setting it on fire. The youth was sentenced to 12 monthsprobation not for flag desecration but for the destruction of property of the RSL.[17] In October of that year the youth accepted an invitation from the RSL to carry the Australian flag along with war veterans in theAnzac Day march the following year.[18] However, the RSL was forced to withdraw this invitation as it received phone calls from people threatening to pelt the youth with missiles on the day.[19] The head of the New South Wales RSL was quoted as saying that "the people who made these threats ought to be bloody ashamed of themselves".[18]

In 2006, Australian contemporary artistAzlan McLennan burnt an Australian flag and displayed it on a billboard outside the Trocadero artspace inFootscray, Victoria. He called the artpieceProudly UnAustralian.[20]

The socialist youth groupResistance marketed "flag-burning kits" – inspired by, and to protest, the censorship of Azlan McLennan's art – to university students.[21]

Tasmanian Aboriginal Centre worker Adam Thompson burned the Australian flag on the week ofAustralia Day (2008) celebrations inLaunceston's City Park to the cheers of about 100 people, who were rallying against what they call "Invasion Day".[22]

Tent embassy activists burned the Australian flag on 27 January 2012 at the entrance toCanberra's Parliament House as they called for Aboriginal sovereignty over Australia.[23]

Austria

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In Austria, sections 248 and 317 of the federal law criminal code state that desecration of national and international symbols in a manner that makes the act known to a broad public is illegal. Section 248 deals specifically with maliciously insulting, disparaging or degrading a flag, emblem or anthem of the republic or one of its federal states ;[24] section 317 does the same for those of foreign states or international organizations.[25] Punishment in both cases is imprisonment for up to six months, or a fine.

Azerbaijan

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The Criminal Code of Azerbaijan, Article 324, penalizes desecration of the national flag or state emblem with imprisonment for up to one year.[26][failed verification]

Belgium

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Flag desecration is not illegal in Belgium.Flemish nationalists have burned Belgian flags on at least one occasion.[27]

Brazil

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Brazilian law number 5700, chapter V,[28] from 1971, concerns respect and the national flag:

Article 30 states that, when in the flag is being marched or paraded (for example, when the national anthem is being played), everyone present must take a respectful attitude, standing in silence. Males must remove any head coverings. Military personnel must salute or present arms according to their corps' internal regulations.

Article 31 states that people are prohibited from:

  1. presenting or flying any national flag which is in a poor condition;
  2. altering the proportions, colors, shape, or label of the national flag, or defacing it with numbers, words or symbols or any other inscriptions;
  3. using the national flag as clothing, a mouth covering, curtain, tablecloth or napkin, table trim, a podium coating, or as a cover for objects that are to be inaugurated; and
  4. using the national flag as a label or wrapping for products at a sale.

Article 32 states that flags in a bad condition must be sent to the nearest military unit for incineration on Flag Day according to ceremonial procedures.

Article 33 states that, except at diplomatic missions such as embassies and consulates, no foreign flag may be flown without a Brazilian flag of the same size in a prominent position alongside it.

Chapter VI of the law states, in article 35, that the act of a civilian breaking this law is considered amisdemeanor, punished with a fine of one to four times the highest reference value active in the country, doubled in repeated infringement cases. In the Brazilian Armed Forces' Military Penal Code,[29] article 161, a soldier, airman or seaman who disrespects any national symbol is punished with one to two years' detention; officers may be declared unsuitable for their rank. In other words, the desecration of a flag is illegal in Brazil and punishable by one month of imprisonment and a fine of up to ten reais.

Bulgaria

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The desecration of any national symbol, including the national flag, is a crime in Bulgaria, which is punishable by up to two years of imprisonment and a fine of up to €1,600.[citation needed]

Canada

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Main article:Flag of Canada
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Legality

[edit]

Flag desecration is not, in itself, a crime in Canada. Acts of this nature are forms of expression protected by theCanadian Charter of Rights and Freedoms.

In 1990, during heated political times around theMeech Lake Accord, theflag of Quebec was desecrated by protestors inBrockville, Ontario opposed toQuebec's language laws after the Canadian flag had been burnt in protests in Quebec. Televised images of individuals stepping on the Quebec flag were played inQuebec and contributed to the deterioration in relations between Quebec andEnglish Canada. The incident, seen as a metaphor of Canada's perceived rejection of Quebec (and of Quebec's distinctiveness in the demise of the Meech Lake Accord) was invoked byQuebec nationalists during the run-up to the1995 referendum onQuebec independence and is still remembered today.

In 1999, members of theWestboro Baptist Church from the United States staged a burning of the Canadian Flag outside of theSupreme Court of Canada inOttawa, Ontario. This was to protest legalization ofsame-sex marriage which was being adjudicated by the Canadian court.

Chile

[edit]

TheLey de Seguridad Interior del Estado,[30] articles 6 and 7, defines as a crime the public desecration of the national flag, coat of arms, the name of the country or the national anthem, and imposes a period of imprisonment, relegation or estrangement for a period of up to one year.

China

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See also:Flag of China § Desecration
Chinese flag burned by Tibetan protesters in India, 2008
Student activists from the University of the Philippines and Ateneo de Manila University burn the flags of China and the US to protest against their encroachment of Philippine sovereignty.

Flag desecration is a crime in China. Article 299 of the penal code[31] provides for up to three years of imprisonment criminal detention, public surveillance, or deprivation of political rights for "whoever desecrates theNational Flag or theNational Emblem of the People's Republic of China by intentionally burning, mutilating, scrawling on, defiling or trampling upon it in a public place".

Hong Kong

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Chinese laws concerning flag desecration were incorporated into Hong Kong law as theNational Flag and National Emblem Ordinance in 1997 as required by Annex III ofthe territory's constitution. TheRegional Flag and Regional Emblem Ordinance is the equivalent statute in respect of the Hong Kong flag. Both ordinances ban desecration of the Chinese flag and Hong Kong flag, respectively, through methods including "burning, mutilating, scrawling on, defiling or trampling".[32]

In 1999, two individuals were convicted for desecration of theRegional Flag of Hong Kong and theChinese flag. They were found guilty by a magistrate, had the conviction overturned in theHigh Court[33] but the convictions were restored by theCourt of Final Appeal.[34] They werebound over to keep the peace on their own recognisance of $2,000 for 12 months for each of the two charges.[citation needed] In the judgement, Chief JusticeAndrew Li said although theBasic Law of Hong Kong guarantees freedom of speech, flag desecration is not legal because there are other protest methods.[citation needed]

Social activist Koo Sze-yiu has been convicted several times of flag desecration. He was sentenced to a nine-month prison term in 2013 for the offence. However, the sentence was reduced to four months and two weeks after an appeal. In March 2016, he was sentenced to a six-week prison term for burning the regional flag in Wanchai onHKSAR Establishment Day in 2015. Koo responded that "he is happy to be punished as being jailed is part of the life of an activist, and he would continue to protest against the Beijing and Hong Kong governments and fight for democracy."[35] In January 2021, Koo was again jailed, this time for four months, for displaying an inverted Chinese flag with slogans written on it in July 2020.[36]

In October 2016, some miniature Chinese and Hong Kong flags that had been placed by pro-Beijing legislators in the Legislative Council chamber were flipped upside down by lawmakerCheng Chung-tai, who regarded them as "cheap patriotic acts". In April 2017 he was charged with flag desecration. He alleged that the arrest was part of a "general cleansing" of dissenting voices ahead ofCarrie Lam's inauguration as new chief executive.[32] On 29 September 2017, theEastern Magistrates' Court found Cheng guilty and fined him $5,000.[37]

In December 2019, a 13-year-old girl was sentenced to 12 months' probation for flag desecration during the2019–20 Hong Kong protests. She received a curfew as well as a criminal record; the act was described as "rash" by magistrate Kelly Shui. Government intervention was on the basis of "(maliciously) challenging the national sovereignty".[38]

Croatia

[edit]

Croatian history recalls the burning of the flag of theKingdom of Hungary during the1895 visit of Emperor Franz Joseph to Zagreb. Two people involved in the incident,Stjepan Radić andVladimir Vidrić, later pursued notable careers in politics and literature, respectively. In modern Croatia, desecrating any national flag or treating any national flag in a disrespectful manner is a felony. Offenders can face up to one year of imprisonment.[39]

Denmark

[edit]

InDenmark, it is legal to burn or desecrate the national flag, theDannebrog.[40][41] However, it is illegal to publicly burn or desecrate the flags of foreign countries, theUnited Nations or theCouncil of Europe according to § 110e of theDanish penal code[41][42] becauseParliament has decided that burning or desecrating these is a matter offoreign relations,[40] as it could be construed as a threat. This law is rarely enforced; the last conviction was in 1936.[40]

Faroe Islands

[edit]

In the autonomousFaroe Islands, the flag law states that the Faroese flag,Merkið, may not be desecrated, "neither by words nor by deeds".[43]

Dominican Republic

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The law of patriotic symbols[44] (Law 210-19) which among other things regulates the use of thenational flag, states that any person who desecrates the flag may be punished with 1 to 3 months of imprisonment and a fine ranging from 5 to 20minimum wages.

Egypt

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Flag desecration has been illegal in Egypt since 2014. It is punishable by a fine of up to 30,000 Egyptian pounds (about $4,300).[45]

Ethiopia

[edit]

In 2009, theParliament of Ethiopia passed Proclamation 654/2009 (The Federal Flag Proclamation), which prohibited firstly amongst 23 other provisions "use [of] the Flag without its Emblem", as well as "to deface the Flag by writing or displaying signs, [sic] symbols, emblems or picture [sic]", or "to prepare or use the Flag without the proper order of its colors and size or its Emblem". While most offenses were punishable by a fine of "3000 birr or rigorous imprisonment up to one year", the first offense, mandating the usage of the emblem, received an increased penalty of "5000 birr or the rigorous imprisonment of up to three years".[46] This replaced the 1996 Flag Proclamation, which had made no mention of offenses or penalties.[citation needed]

Finland

[edit]

According to the law on theFinnish flag,[47] it is illegal to desecrate the flag, treat it in disrespecting manner, or remove it from a public place without permission.

France

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According to French law,[48] a person outraging the French national anthem or the French flag during an event organized or regulated by public authorities is liable to a fine of up to €7,500 and a punishment of up to six months of imprisonment if performing in a gathering. The law targets "outrageous behaviour" during public ceremonies and major sports events.

This clause was added as an amendment to a large bill dealing with internal security, in reaction to afootball match during which there had been whistles againstLa Marseillaise, but also to similar actions during public ceremonies.[49] The amendment initially prohibited such behaviour regardless of the context, but a parliamentary commission later restricted its scope to events organized or regulated by public authorities,[50] which is to be understood, according to the ruling of theConstitutional Council, as events organized by public authorities, mass sport matches and other mass events taking place in enclosures, but not private speech, literary or artistic works, or speech during events not organized or regulated by public authorities.[51]

In 2006, a man who had publicly burnt a French flag stolen from the façade of the city hall ofAurillac during a public festival, organized and regulated by public authorities, was fined €300.[52]

A July 2010 law makes it a crime to desecrate the French national flag in a public place, but also to distribute images of a flag desecration, even when done in a private setting, if the objective is to create trouble in public space.[53] On 22 December 2010, an Algerian national was the first person to be convicted under the new status, and ordered to pay a €750 fine after breaking the pole of a flag hung in theAlpes-Maritimes prefecture a day prior.[54]

Germany

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German flags being burned in protest

Under the German criminal code (§90aStrafgesetzbuch (StGB)), it is illegal to revile or damage the German federal flag as well as any flags of its states in public. Offenders can be fined or sentenced to a maximum of three years in prison, or fined or sentenced to a maximum of five years in prison if the act was intentionally used to support the eradication of the Federal Republic of Germany or to violate constitutional rights. Actual convictions because of a violation of the criminal code need to be balanced against the constitutional right of the freedom of expression, as ruled multiple times by Germany's constitutional court.[55]

Theoriginal law from 1932 was expanded in 1935 to include theflag of Nazi Germany.

As of 2020, it is also punishable by up to three years of imprisonment for damaging or reviling the flag of any foreign country (§104 StGB). Until then, only flags that were shown publicly by tradition, event, or routinely by representatives of an official foreign entity were protected. The legislative reform to include also unofficially or privately used flags was an explicit reaction to the repeated burning of Israeli flags during anti-Israeli protests.[56][57]

As part of that reform, a newly formed §90c StGB was introduced that extends the scope of protection to the flag and anthem of theEuropean Union.

After thefall of the Berlin Wall in November 1989, someEast Germans cut out the emblem from theirnational flag in support for a reunified, democratic Germany. This flag is now used by theFederal Foundation for the Reappraisal of the SED Dictatorship.[58][59]

Greece

[edit]

Under article 188 of Greece's Penal code, flag desecration, along with the desecration of other Greek symbols, is illegal and punishable by up to two years of imprisonment.

Hungary

[edit]
1956 Revolution Flag flying in front of theHungarian Parliament Building

Desecration of the national flag is illegal in Hungary.[60]

During a demonstration at the beginning of theHungarian revolution of 1956 someone in the crowd cut out the communist coat of arms from the Hungarian flag, leaving a distinctive hole, and others quickly followed suit. The "flag with a hole" became a symbol of the Hungarian resistance.[61][62] The practice of cutting out the communist coat of arms was also followed by otherEastern Bloc countries, such asRomania, especially during theRevolutions of 1989.

India

[edit]
Main articles:Flag of India andPrevention of Insults to National Honour Act, 1971

TheIndian Flag Code is a set of laws that govern the usage of the Flag of India. TheBureau of Indian Standards is in charge of the enforcement of the manufacture of the flag according to the guidelines.

Violation of the code may invite severe punishments and penalties. The code was written in 2002 and merged the following acts: provisions of the Emblems and Names (Prevention of Improper Use) Act, 1950 (No. 12 of 1950) and thePrevention of Insults to National Honour Act, 1971 (No. 69 of 1971).

The Indian Flag Code was often criticized for being too rigid and prevented ordinary citizens from displaying the flag on homes and other buildings. For many years, only government officials and other government buildings could unfurl the flag. That changed in 2001 whenNaveen Jindal won a court case in theSupreme Court of India to give Indians the right to unfurl the flag publicly. The Indian cricket batsmanSachin Tendulkar was accused of sporting the flag on his cricket helmet below theBCCI emblem. He later changed it and placed the flag above the emblem. The flag code was updated in 2005; some new provisions include that the flag cannot be worn under the waist or on undergarments.[63]

Indonesia

[edit]

Article 24 of Law No. 24/2009 on Flags, Language, National Symbols, and Anthems, states that people are prohibited from:[64]

  1. destroying, tearing, trampling, burning, or performing other actions with the intention to tarnish, insult, or degrade the honour of the national flag;
  2. using the national flag for billboards or commercials;
  3. flying the national flag if it is damaged, torn, smudged, crumpled, or faded;
  4. printing on, embroidering or adding letters, numbers, images or other signs, or adding badges or any objects to the national flag;
  5. using the national flag to cover a ceiling or roof, or for wrapping or covering goods in a way that can degrade the honor of the national flag.

Article 66 and 67 of Law No. 24/2009 states that anyone who commits any of these prohibited acts may face up to ten years of imprisonment as punishment or a fine of up to a billion rupiah.

Iran

[edit]

In Iran, desecration of the national flag is a crime.[65]

Iraq

[edit]

In 2004, many copies of the proposed new flag for Iraq were burnt (seeflag of Iraq).[citation needed] There were no such examples of burning the current Iraqi national flags, even by political opponents, as both contain thetakbir, so this would be seen as a religious insult inIslam.[citation needed]

Ireland

[edit]
See also:Northern Ireland flags issue

TheDepartment of the Taoiseach's guide to theflag of Ireland includes a list of "practices to avoid". This states in part "The National Flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example at sporting events."[66] A tricolour inscribed "Davy Keogh says hello" waved continually since 1981 has given its eponymous bearer a modicum of fame amongRepublic of Ireland soccer supporters.[67][68][69]Guinness ran a promotion before the2002 FIFA World Cup distributing Irish flags to supporters inpubs, on which the tricolour's white band was defaced with Guinness's harp logo (which is similar to, but different from, the harp on theIrish coat of arms).[70] Guinness apologised after public criticism.[70]Cecilia Keaveney said in a subsequentDáil debate, "It may not be possible to address defacing the flag through legislation, but the House must issue a strong message that this is unacceptable."[71]

Seán O'Casey's 1926 playThe Plough and the Stars attracted controversy for its critical view of theEaster Rising, in particular a scene in which a tricolour is brought into a pub frequented by a prostitute.[72] On 7 May 1945, the day beforeV-E Day, celebratingunionist students inTrinity College Dublin raised the flags ofthe victorious Allies over the college; when onlookers inCollege Green began jeering, some took down the flag ofneutral Ireland, set fire to it and tossed it away, provoking a small riot.[73][74] In response,nationalist students fromUniversity College Dublin, including futureTaoiseachCharles Haughey, burned theBritish flag inGrafton Street. TheProvost of Trinity College apologised for the incident, which was not reported in Irish newspapers owing to wartime censorship.[73]

Israel

[edit]
A non-standardflag of Israel being burned by the strictly OrthodoxNeturei Karta sect

In 2007, six teenagers in the SouthTel Aviv suburb ofBat Yam were arrested directly for burning an Israeli flag. This incident was considered serious by the police and others since the youths were suspected in other acts of vandalism and claimed to beSatanists.[75]

In 2022, Israel passed a new amendment, meaning those convicted of deliberately burning an Israeli flag face up to three years in prison.[76]

Italy

[edit]

In Italy, the desecration of any Italian or foreign nation's national flag (vilipendio alla bandiera) is prohibited by law (Article 292 of theItalian Penal Code) and punished with fines (between €1000 and €10,000) for verbal desecration and with imprisonment (up to two years) for physical damage or destruction.[77]

Jamaica

[edit]

Flag desecration is considered legal in Jamaica, especially because it is part of flag protocol to dispose of it when it is torn.

A German advert depicted the flag being torched in a coffee shop.[78]

Japan

[edit]
Japanese flag being burned by protestors in front of the Consulate-General of Japan in Hong Kong

In Japan, under Chapter 4, Article 92 of theCriminal Code, the desecration of a recognized foreign nation's national flag and symbol to dishonour that particular nation is illegal and results in fine or penal labour, butonly on complaint by the foreign government.

In May 1958, theflag of the People's Republic of China, theWǔ Xīng Hóngqí, at a postage stamp convention was pulled down and damaged, but as Japan did not recognize the PRC at the time, the law was not applied. In February 2011,Japanese ultra-rightists held a protest over theKuril Islands dispute outside of the Russian embassy in Tokyo, during which they dragged aRussian flag on the ground; Russian foreign ministerSergey Lavrov stated that his ministry had asked the Japanese government to launch a criminal case over the incident.[citation needed]

However, the desecration of theJapanese flag, theHinomaru, has never been a crime. Absent from such law, the act of desecration is implicitly protected by Article 21 coveringfreedom of speech in theConstitution of Japan.

On 26 October 1987, an Okinawan supermarket owner burned theHinomaru, before the start of theNational Sports Festival of Japan.[79] The flag burner, Shōichi Chibana, burned the national flag not only to show opposition to atrocities committed by the wartime Japanese army and the continued Japanese-requested presence of U.S. forces, but also to prevent it from being displayed in public.[80] Other incidents in Okinawa included the flag being torn down during school ceremonies and students refusing to honor the flag as it was being raised to the sounds of "Kimigayo".[81]

In late January 2021, the rulingLiberal Democratic Party announced its intention to pass a law in the Diet to prohibit the desecration of theHinomaru.[82]

On 13 April 2022, Japan amended its law to impose custodial sentences on those who desecrate foreign national flags.[citation needed]

Kazakhstan

[edit]

In Kazakhstan, under Chapter 14, Article 317 of the Criminal Code, an individual involved in flag desecration (including any state symbol) could face up to a fine of 3,000monthly calculation index (10,350,000tenge as of 2023). Additionally, they could be sentenced to up to two years of house arrest or imprisonment and may also be required to perform up to 900 hours of community service.[83][84]

Lithuania

[edit]

The desecration of the national flag, coat of arms or anthem of Lithuania is punishable by an arrest or up to 2 years of imprisonment, or other fines.[85]

Malaysia

[edit]

While Malaysia does not have specific legislation regarding flag desecration, legal action can be taken against those who show disrespect towards the national flagJalur Gemilang under the Penal Code (Act 574), Sedition Act 1948 (Act 15) and the Emblems & Names (Prevention of Control of Improper Use) 1963 (Act 193).[86][87] In October 2013, the Law MinisterNancy Shukri announced that the Government would be removing the proposed Clause 5 amendment to the Penal Code, which proposed fining or jailing anyone charged with desecrating the Jalur Gemilang or a foreign flag for a term of between five and fifteen years. She clarified that provisions for safeguarding the national flag would be added under the proposed National Harmony Act.[88]

Nine Australian men, the 'Budgie Nine', were arrested after celebrating the2016 Malaysian Grand Prix by stripping to their 'budgie smuggler' swimming trunks, decorated with the Malaysian flag.[89] After three days in custody they were charged with public nuisance and released. The briefs had been made in Australia, not Malaysia.[90]

In 2013, a group ofChinese Malaysian students inTaiwan, were photographed with an upside-down national flag, and claimed the action was "to express their dissatisfaction ofthe just-concluded general election that they alleged was carried out in an undemocratic way".[91][92] In another incident, aChinese Malaysian businessman Lee Kim Yew was reported to have dishonored the national flag by changing its white stripes to black in an online post. The image, which has since been removed, was uploaded along with a post by Lee highlighting his recent blog entry on the inclusion ofJawi script lessons inMalay-language textbooks for Year 4 students. His action drew widespread online criticism and Lee's Facebook account appeared to have been deactivated later on.[93]

Mexico

[edit]

The use of the national symbols (coat of arms, anthem, and national flag) in Mexico is protected by law.[94] In Mexico, the desecration of the national flag and coat of arms is a crime punishable by six months to two years in prison, or a fine of 50 to 3,000pesos (between US$2 and US$152), or both sanctions.[95] Although punishment is not sought often and are usually not harsh, there are a few instances; for example, in 2008 a federal judge convicted an individual for 'desecrating the flag' in a poem. The ministry that oversees the use of national symbols requested four years in jail, but the judge only issued a small fine and a public warning.[96]

Morocco

[edit]

In Morocco, desecrating the national flag is a criminal offense under Law No. 17-05, which amended the Penal Code in 2005. The law criminalizes any form of outrage against the emblems and symbols of the kingdom, explicitly including the national flag. Under Article 267-1, individuals who insult or desecrate the flag—through acts such as burning, defacing, or using it disrespectfully—may face 6 months to 3 years in prison, and/or a fine of 10,000 to 100,000dirhams. If committed publicly (e.g., during protests or on social media), the penalty increases to between 1 and 5 years in prison, with the same fine range.[97] The law also penalizes incitement or promotion of such acts under Article 267-2, which provides for 3 months to 1 year of imprisonment and a fine ranging from 20,000 to 200,000 dirhams for anyone who praises, incites, or encourages offenses against the national symbols, including the flag.

Nepal

[edit]

Burning the national flag is illegal in Nepal. The Criminal Code has a provision of a three-year jail sentence or aRs 30,000 (about US$300) fine or both if one is found disrespecting or damaging the national anthem or the national flag.

Netherlands

[edit]

Flag desecration is not a crime according to Dutch law.[citation needed]

New Zealand

[edit]

In New Zealand, under theFlags, Emblems and Names Protection Act 1981 it is illegal to destroy theNew Zealand flag with the intent of dishonouring it. In 2003, Paul Hopkinson, aWellington schoolteacher, burned the national flag of New Zealand as part of a protest in Parliament grounds at the New Zealand Government's hosting of thePrime Minister of Australia, against the background ofAustralia's support of the United States in the Iraq War. Hopkinson was initially convicted under Flags, Emblems and Names Protection Act 1981 of destroying a New Zealand flag with intent to dishonour it, but appealed his conviction. On appeal, his conviction was overturned on the grounds that the law had to be read consistently with the right to freedom of expression under theBill of Rights. This meant that his actions were not unlawful because the word dishonour in the Flags, Emblems and Names Protection Act had many shades of meaning, and when the least restrictive meaning of that word was adopted Hopkinson's actions did not meet that standard. This somewhat unusual result was due in part to the fact that the Bill of Rights does not overrule other laws (Hopkinson v Police).[98][99][100]

In 2007, activist Valerie Morse had burned the New Zealand flag during anANZAC Day dawn service inWellington. She was fined NZ$500 by the Wellington District Court and her conviction was upheld by the High Court and the Court of Appeal. After Morse's lawyers appealed the conviction on the grounds that she was being punished for expressing ideas, theNew Zealand Supreme Court ruled in 2011 that the previous rulings had misinterpreted the meaning of "offensive behavior" in the Summary Offences Act.[101][102]

Nigeria

[edit]

Any person who flies or exhibits the National Flag in a defaced or bad condition shall be guilty of an offence. It is punishable by a fine of100 and in the case of a continuing offence to a fine of10 for every day or part of a day during which the offence is continued after the day on which such person is first convicted.[5][6][7]

North Macedonia

[edit]

The desecration of the national flag, coat of arms or anthem and international flags, coat of arms or anthems is banned under Articles 178 and 181 in the Criminal Code of North Macedonia.[103]

It is questionable if these laws are enforced as there have been many instances where the national and foreign flags were set on fire.[citation needed]

Norway

[edit]

Desecration of foreign countries' flags or national coats of arms was previously banned according to the General Civil Penal Code §95. However, the ban had rarely been practiced, and was eventually lifted in 2008.[citation needed]

ComedianOtto Jespersen burned a U.S. flag during a satirical TV show in 2003. During theJyllands-Posten Muhammad cartoons controversy, Norwegian flags were burned in demonstrations in various Muslim countries.[104]

Pakistan

[edit]

Pakistan's flag comes under the strict protection of various constitutional clauses.[failed verification] However, the statutes governing the topic consist only of Pakistan Flag Protocols and are unclear as with regards to legal status of the offender and the punishment under thePakistan Penal Code.

Panama

[edit]

On 9 January 1964, a dispute broke out between Panamanian students and Americans living in thePanama Canal Zone over the right of theflag of Panama to be raised next to theflag of the United States, as the Canal Zone was then adisputed territory between the two nations. During the scuffle a Panamanian flag carried by Panamanian students was torn. This sparked four days of riots that ended with 22 Panamanians and four Americans dead and with Panama breaking diplomatic relations with the United States. This event is considered very important in the decision to negotiate and sign theTorrijos-Carter Treaties, by whose terms thePanama Canal administration was handed over to the Panamanian Government at the end of 1999. 9 January is known asMartyrs' Day and is commemorated in Panama as a day of mourning.[citation needed]

Peru

[edit]

The precise law in Peru is unclear, but such acts are clearly capable of causing outrage. In 2008, the dancer, model and actressLeysi Suárez appeared naked photographed usingPeru's flag as a saddle while mounted on a horse. The country's defence minister said she would face charges that could put her in jail for up to four years for "offending patriotic symbols".[105][106] However, the case was closed in 2010.[107]

Philippines

[edit]

Section 34a of the 1998Flag and Heraldic Code of the Philippines declares that it is a prohibited act "to mutilate, deface, defile, trample on or cast contempt or commit any act or omission casting dishonor or ridicule uponthe flag or over its surface".[108]

Section 50 meanwhile declares, "Any person or judicial entity which violates any of the provisions of this Act shall, upon conviction, be punished by a fine of not less than five thousandpesos (₱5,000.00) not more than twenty thousand pesos (₱20,000.00), or by imprisonment for not more than one (1) year, or both such fine and imprisonment, at the discretion of the court: Provided, That for any second and additional offenses, both fine and imprisonment shall always be imposed: Provided, That in case the violation is committed by ajuridical person, its President or Chief Executive Officer thereof shall be liable."[108]

Flag burning is only permitted in the case of proper disposal of the flag.[109]

A crucial point of etiquette for the Philippine flag is that flying it upside down (i.e., red field over blue), or vertically hanging it with the red to the viewer's left, makes it the nationalwar standard. Outside of an officialstate of war, Filipinos consider this a majorfaux pas or a highly offensive act: several instances of this incorrect display (usually by foreigners) have attracted online backlash, prompting official apologies.[110][111]

Poland

[edit]

Polish Criminal Code (1997) declares:

Article 137. § 1. Whoever publicly insults, destroys, damages or removes an emblem, banner, standard, flag, ensign or other symbol of the State shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year.

§ 2. The same punishment shall be imposed on anyone, who on the territory of the Republic of Poland publicly insults, destroys, damages or removes an emblem, banner, standard, flag, ensign or other symbol of another State, publicly displayed by a mission of this State or upon an order of a Polish authority.

Article 138. § 1. The provisions of Articles 136 and 137 § 2 shall apply, when the foreign country ensures reciprocity.[112]

Portugal

[edit]

Currently, according to article 332 of thePenal Code,[113] "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the Republic, the Flag or the National Anthem, the coats of arms or the symbols of Portuguese sovereignty, or fails to show the respect they are entitled to, shall be punished with up to two years' imprisonment or a fine of up to 240 days". In the case of the regional symbols, the person shall be punished with up to one year's imprisonment or a fine of up to 120 days (fines are calculated based on the defendant's income).

The Portuguese Penal Code (article 323) also forbids the desecration of foreign symbols: "Who publicly, by means of words, gestures or print publication, or by other means of public communication, insults the official flag or other symbol of sovereignty of a foreign State or of an international organization of which Portugal is a member shall be punished with up to one year imprisonment or a fine of up to 120 days." This article applies under two conditions (article 324): that Portugal maintains diplomatic relations with the insulted country, and that there is reciprocity (i.e., that the insulted country would also punish any insult against Portuguese symbols of sovereignty, should they occur there).

Romania

[edit]

The Romanian Criminal Code[114] no longer prohibits flag desecration (as was the case with the previous criminal code).[115] Several laws attempting to reinstate punishments for manifestations which express contempt for the Romanian symbols (according to the constitution, these are the flag, national day, anthem and coat-of-arms) have not been approved.[116][117][118]

During theRomanian Revolution of 1989, the Communist era flag was flown withthe coat of arms cut out, leaving a hole.[citation needed]

Russia

[edit]

In February 2011,Japanese ultra-rightists held a protest over theKuril Islands dispute outside of the Russian embassy in Tokyo, during which they dragged aRussian flag on the ground; Russian foreign ministerSergei Lavrov stated that his ministry had asked the Japanese government to launch a criminal case over the incident.[citation needed]

In 2013, the U.S. rock bandBloodhound Gang desecrated a Russian flag during a concert in Ukraine. In response, Vladimir Markin of theInvestigative Committee of Russia said that his department was prepared to file criminal charges if prosecutors thought they had a case.[119][120]

In 2025, a Russianstreamer, Stepan Scoffy, was detained after desecrating his Russian flag over an online donation.[121][122]

National flag burning is a crime in Russia, which is punishable by up to four years of imprisonment.[123][bare URL PDF]

Samoa

[edit]

The Official Flag and National Anthem of Samoa Act 1994 stipulates that any person "who by act, word or conduct wilfully offers an insult to theFlag of Samoa" may be fined or imprisoned for up to six months.[124]

Saudi Arabia

[edit]

Theflag of Saudi Arabia bears theshahada (Islamic declaration of faith). Because theshahada is considered holy, even the slightest disrespect amounts to not only desecration butblasphemy. This has led to several incidents of controversy. In 1994,McDonald's printed carry-out bags bearing the flags of all nations participating in theFIFA World Cup (with a green flag withSaudi Arabia's coat of arms superimposed, rather than the Saudi flag), whileCoca-Cola did the same on cans of soda. Because of Saudi Arabian objections, the companies stopped producing those items.[125] Also during the FIFA World Cup, in 2002, Saudi Arabian officials protested against printing the flag on a football on the belief that kicking the creed with the foot was unacceptable.

Because of theshahada, even flying this flag athalf-mast is considered desecration in Saudi Arabia.[126] This also applies to the flags ofAfghanistan,Somalia andSomaliland, which also bear theshahada, as well as the flag ofIraq, which bears thetakbir.[citation needed]

Serbia

[edit]

In Serbia, flag desecration is illegal.[citation needed]

Singapore

[edit]

In Singapore, flag desecration is illegal under the statuory of National Symbols Act 2022[127] and National Symbols Regulations 2023.[128] Under current constitution, using the national symbol (such as Presidential symbols, state crests, national flag, public seals and national flowers) in a derogatory manner (including defacing, dirtying and obstructing some symbols like stars and crescents) also amounts to flag desecration,[129] which enforces a stop-work order or a maximum penalty of S$30,000 or a six-month imprisonment or both (previously S$1,000).[130]

Slovenia

[edit]

In Slovenia, desecrating national symbols is a criminal offence. Article 163 of the Criminal Code (Kazenski zakonik, KZ-1) punishes anyone who publicly insults the flag, coat of arms or anthem of the Republic of Slovenia with a fine or imprisonment of up to one year.[8] Article 164 extends the same penalty to public insult of the flag, coat of arms or anthem of a foreign state or an international organisation recognised by Slovenia.[131]

South Africa

[edit]

During theapartheid era, protesters would burnthe former South African flag in protest against theapartheid policies of the South African government. In one example, Americans opposed to apartheid burned the old South African flag at an anti-apartheid protest in the U.S. state of Massachusetts during the mid-1980s.[132] South Africans opposed to minority rule also burned the (now former) South African flag,[133] viewing it as a symbol of the country's government at the time. Under the1983 constitution desecration of the flag was a criminal offense punishable by up to five years' imprisonment.[1]

In post-apartheid South Africa there is no law against flag desecration yet.[1] The current South African flag designed and adopted in 1994 has been the subject of desecration. In early 1994, white supremacists from the "Afrikaner Volksfront" organization burned the new South African flag inBloemfontein in protest against the country's pending democratization.[134][unreliable source?]

South Korea

[edit]

The South KoreanCriminal Act punishes flag desecration, of both domestic and foreign, in various ways:[135]

  • Article 105 imposes up to five years in prison,disfranchisement of up to ten years, or a fine up to seven millionwon for damaging, removing, or staining a South Koreanflag oremblem with intent to insult the South Korean state. Article 5 makes this crime punishable even if done by aliens outside South Korea.
  • Article 106 imposes up to one year in prison, disfranchisement of up to five years, or a fine up to two million won fordefaming a South Korean flag or emblem with intent to insult the South Korean state. Article 5 makes this crime punishable even if done by aliens outside South Korea.
  • Article 109 imposes up to two years in prison or a fine up to three million won for damaging, removing, or staining a foreign flag or emblem with intent to insult a foreign country. Article 110 forbidsprosecution without foreign governmental complaint.

The desecration of the national flag in South Korea by the country's own citizens is rare when compared to analogous instances in other countries as the flag is viewed more along the lines of anethnic flag rather than merely just the flag of a state.[citation needed]

Soviet Union

[edit]

The flag of theSoviet Union was burned many times by protestors against its government's policies, for instance in Brazil by those protesting theWarsaw Pact invasion of Czechoslovakia of 1968,[136] and in New York City in 1985 by protesters against theSoviet–Afghan War.[137] The Soviet flag was burned or otherwise desecrated during theEuromaidan inUkraine.

Spain

[edit]

TheSpanish Penal Code punishes insulting theflag of Spain and theflags of the autonomous communities of Spain with a fine that can range from €420 to €144,000.[138] However, flag burning is often seen in nationalist demonstrations.[139]

Sweden

[edit]

In Swedish law, there is no explicit prohibition against burning the flag of any country.[140] The desecration of the national flag was decriminalized in 1971. However, publicly showing a Swedish flag modified with added marks, characters or symbols is forbidden according flag law number 1982:269, and may be punishable under the provisions regarding disorderly conduct (förargelseväckande beteende) under the chapter 16 § 16 of the criminal code.[141][142]

In 1997 a teenager who identified as askinhead was fined 500kr for waving a large, modified Swedish flag from the top of a hill during an event celebrating Sweden'sNational Day. The motifs that had been added to the flag in question were those of asun wheel, an axe, a viking warrior's head in profile and the word"Valhalla". The royal family being present, the event being part of the city ofLycksele's 50 year jubilee, and the act of standing on the hill to increase the number of people who could see the flag, were all seen as contributing factors in the sentence.[143]

Switzerland

[edit]

The destruction, removal, or desecration of national emblems installed by a public authority (i.e., theSwiss flag, theSwiss coat of arms, thecantonal ormunicipal flags and coats of arms) is punishable by fines or up to three years of imprisonment according to the Swiss federal penal code.[144] However, the destruction or desecration of privately owned flags or coats of arms is legal.[145]

Taiwan

[edit]

Under Articles 118 and 160 of the Criminal Law of the Republic of China (Taiwan), it is a criminal offence to insult either the national flag or the national emblem of any country. If it is a national flag or emblem of a foreign country being insulted, the name of the offence would be 'obstructing state diplomacy'; if it is the ones of the Republic of China (Taiwan), the offence would be 'disturbing the order'. Besides, insulting or damaging the portrait of Sun Yat-sen is also punishable as 'disturbing the order'. The penalty can be either incarceration for up to one year, or a fine of $9,000 NTD or less.[146][147]

Thailand

[edit]

In October 2018, Prime MinisterPrayut Chan-o-cha ordered theForeign Ministry to investigate fashion footwear in Paris that incorporates the colours of theThai national flag. Photos of the shoes, shown on theVogue Paris Facebook page taken duringParis Fashion Week, outraged Thai social media users, some of whom demanded apologies and jail sentences for the perpetrators. As was pointed out in the Bangkok daily,The Nation, "The combination of the Thai flag and human feet is acontentious cultural cocktail for Thais."

The designers are immune from prosecution as the shoes were made and displayed outside Thailand. Were the offence committed in Thailand, those responsible could face a 2,000 baht fine or a year in jail.[148]

A spokesman at the Thai National Flag Museum[149] commented that no one has a copyright on the flag's colours or the order in which they are presented.[150]

Turkey

[edit]
The Turkish flag being burnt inFreedom Square, Yerevan

Under the 1983 Turkish flag law, burning the flag of any nation in the world (including Turkey itself) is strictly forbidden, resulting in a prison sentence of three years. Displaying or pulling a torn or discolored flag to flagpole is also illegal. Taking down the flag is a crime, which is punishable by a prison sentence of 18 years.[citation needed]

Ukraine

[edit]

In Ukraine, the desecration of national symbols, including the national flag, is a crime punishable by up to one year of imprisonment.[citation needed]

United Arab Emirates

[edit]

In the United Arab Emirates, publicly insulting or desecrating theflag of the United Arab Emirates, as well as the flags of itsseven emirates, theGulf Cooperation Council or any foreign country is illegal and punishable by between ten and 25 years in prison and a fine of no less than 500,000Emirati dirhams.[151]

United Kingdom

[edit]
Ulster loyalists prepare to burn theIrish flag on a bonfire on the eve ofThe Twelfth inBelfast.

Thelaw ofEngland and Wales and thelaw ofScotland have no specific concept of "flag desecration".[152] Flag desecration is not illegal in the United Kingdom.

In May 1998, in a protest by 2,000 former prisoners of war, aBurma Railway veteran torched theRising Sun banner before bothEmperor Akihito andQueen Elizabeth. Police were persuaded by the crowd not to arrest him.[153] A year later, two "committed socialists" threw a burning British flag in the direction of the Queen's motor vehicle. They were arrested for abreach of the peace offence, subsequently pleaded guilty and were fined a total of £450.[154] In 2001 atRAF Feltwell, home ofUnited States Air Force's5th Space Surveillance Squadron, a protester desecrated aU.S. flag with the words "StopStar Wars" before stepping in front of a vehicle and stomping on the flag. On appeal bycase stated theAdministrative Court found that her conviction for "using threatening, abusive and insulting words or behaviour likely to cause harassment, alarm or distress" contrary to section 5 of thePublic Order Act 1986 was overturned as incompatible withArticle 10 of the European Convention on Human Rights.[155][156]

In 2011, a group of approximately 20–30[citation needed] students atKing's College, Cambridge influenced the burning of a large British flag, the centerpiece of theStudent Union's decorations to celebrate thewedding of Prince William and Catherine Middleton.King's College Student Union condemned the action as a "needlessly divisive and violent way to make a political point ... [the] Union flag is a symbol and therefore can mean different things to different people in different contexts."[157]

The Union Flag has also been burned byArgentine nationalists protestingBritish sovereignty of the Falkland Islands.[158]

In 2006, to allow greater police control over extremist protesters, 17 MPs signed aHouse of Commons motion calling for burning of the British flag to be made a criminal offence.[159]

Northern Ireland

[edit]
Main article:Northern Ireland flags issue

Unlike the rest of the United Kingdom, the law inNorthern Ireland has varied since its foundation in 1921. TheBritish flag, the formerflag of Northern Ireland, and theIrish flag are often desecrated or burnt in Northern Ireland by various groups as a political statement/provocation or in protest.[160][161]

Also in Northern Ireland, Ulster loyalists have sometimes mistakenly desecrated theIvorian flag, erroneously mistaking it for theIrish one as the two are somewhat similar in appearance.[162][163] In some cases, Ivorian flags displayed in Northern Ireland have signs explicitly labeling them as such displayed nearby to avoid having them desecrated by Ulster loyalists mistaking them for Irish ones.[164]

United States

[edit]
Further information:Flag of the United States § Display and use
Maps of flag desecration laws in the United States, unenforcable sinceTexas v. Johnson
Iranian protesters burning theflag of the United States in Tehran, November 2018

Flag desecration is not a crime in the United States. Theflag of the United States is sometimes burned as a cultural or political statement, in protest of the policies of the U.S. government, or for other reasons, both within the U.S. and abroad. TheUnited States Supreme Court inTexas v. Johnson,491 U.S.397 (1989), and reaffirmed inU.S. v. Eichman,496 U.S.310 (1990), has ruled that due to theFirst Amendment to the United States Constitution, it is unconstitutional for a government (whether federal, state, or municipal) to prohibit the desecration of a flag, due to its status as "symbolic speech". However, content-neutral restrictions may still be imposed to regulate thetime, place, and manner of such expression. If the flag that was burned was someone else's property (as it was in theJohnson case, since Johnson had stolen the flag from a Texas bank's flagpole), the offender could be charged with petty larceny (a flag usually sells at retail for less than US$20), or with destruction of private property, or possibly both. Desecration of a flag representing a minority group may also be used in some jurisdictions to support the prosecution of a crime as ahate crime.[165]

In theAmerican Civil War, the U.S. flag was flown by theUnion against theConfederacy.Union Army generalBenjamin Franklin Butler ordered the 1862 execution for treason ofWilliam B. Mumford, who had removed a Union flag inoccupied New Orleans.[166] An apocryphal tale ofBarbara Fritchie preventing Confederate soldiers dishonoring her Union flag was propagated byJohn Greenleaf Whittier's 1863 poem "Barbara Frietchie", which contains the famous lines:

"Shoot, if you must, this old gray head,
But spare your country's flag," she said.

During the United States' involvement in theVietnam War, American flags were sometimes burned during war protest demonstrations.[167]

TheFlag Protection Act was passed, protecting flags from anyone who "mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag".[168] This law was later struck down in theEichman decision. After that case, several flag burning amendments to theConstitution were proposed. On June 22, 2005, aFlag Desecration Amendment was passed by theHouse with the needed two-thirds majority. On June 27, 2006, another attempt to pass a ban on flag burning was rejected by theSenate in a close vote of 66 in favor and 34 opposed, one vote short of the two-thirds majority needed to send the amendment to be voted on by the states.[169]

There have been several proposedFlag Desecration Amendments to theConstitution of the United States that would allow Congress to enact laws to prohibit flag desecration:[170]

During a rally in June 2020, presidentDonald Trump told supporters that he believed flag burning would be punishable by one year of imprisonment.[172] In August 2025, Trump signed anexecutive order directing theJustice Department to prosecute flag burners with acts of harm unrelated to the First Amendment, such asincitement ofriots. However, the executive order he signed has not banned flag burning.[173][174]

Flag burning

[edit]
Two protesters in Iran tearing an American flag at ananti-American rally after theAmerican withdrawal from the Joint Comprehensive Plan
"Flag burning" redirects here. For burning of flags as a method of disposal, seeFlag protocol.

In common usage, the phrase "flag burning" refers only to burning a flag as an act of protest. However, theUnited States Flag Code states that "the flag, when it is in such condition that it is no longer a fitting emblem for display (for example, the flag being faded or torn), should be destroyed in a dignified way, preferably by burning."[175]

Confederate flag

[edit]

TheBattle Flag of the Army of Northern Virginia, commonly referred to as the Confederate flag, has sometimes been burned in protest as well. In 2000, protesters from theJewish Defense League burned Confederate and Nazi flags to protest an arson attempt against a synagogue inReno, Nevada. This was criticized by a representative of theAnti-Defamation League, who said that it was more effective to work with the police and other authorities rather than to engage in "tactics which inflame and exacerbate situations".[176]

Of the states which continue to have laws against flag burning, in spite of them being ruled unconstitutional, five afford this protection to the Virginian battle flag as well: Florida,[177] Georgia,[178] Louisiana,[179] Mississippi,[180] and South Carolina.[181]

Uruguay

[edit]

Desecration of foreign national flags is punished by the article 139 of the Penal Code:

Article 139 (Disrespect of foreign emblems) Whoever, in the territory of the State, disrespects, in a public place or in a place open or exposed to the public, the flag or any other emblem of a foreign State, shall be punished with six months of imprisonment to three years of penitentiary.[182]

There is no restriction in place for the desecration of the Uruguayan national flag.

Uzbekistan

[edit]

In Uzbekistan, desecration of state symbols, including the national flag of Uzbekistan or Karakalpakstan, emblem, or anthem, is punishable under Article 215 of the Criminal Code with fines, community service, or correctional labor for up to three years. Additionally, Article 203 of the Administrative Code imposes fines for violating legislation on state symbols, with stricter penalties for repeat offenses.[183]

Venezuela

[edit]

Since the demonstrations against the refusal by the government to renew the broadcasting license ofRCTV (a major TV network), the upside-downflag of Venezuela has been adopted as a symbol of protest for this and other alleged threats to civil liberties. Demonstrators claim that it is a sign of distress and a call for help. However, government and ruling-party officials insist that these demonstrators are desecrating the flag. An official video sharply criticizing this practice as disrespectful was produced.[184][better source needed]Globovisión prepended to the video a statement denouncing the message as violative of theLaw on Social Responsibility on Radio and Television, "for constituting anonymous official propaganda".[184]

References

[edit]
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  14. ^[2003] QCA 575 at para. 24,Court of Appeal (Qld, Australia)
    "The objectionable feature of the conduct had very little to do with its political significance. It related to the lighting of a large piece of synthetic material to which petrol had been added in close proximity to larger numbers of people including young children. The circumstances were such as to arouse the apprehension of parents for the safety of their children."
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