Should burning the Union Flag be prosecuted as sedition?
JusticeEnded 17 Sept

Should burning the Union Flag be prosecuted as sedition?

Yes 43%No 57%964 votes cast

Sedition was abolished in England and Wales by the Coroners and Justice Act 2009. Burning a Union Flag is not a specific criminal offence and is often treated as protected expression unless it causes damage, breaches public order, or incites hatred. Recent legislation including the National Security Act 2023 and National Security (State Threats) Act 2026 targets espionage, sabotage and foreign interference with prison terms up to 14 years. Public order laws cover disruptive protests while protecting freedom of expression.

Jump to opinions· 35

The winning argument was not that flag-burning is admirable, but that disgust is not a sufficient basis for criminal law. No won with 548 votes to 416, as the floor’s most-respected voices insisted that “in a free country someone should be allowed to do things that are offensive and upsetting”.

The No case was strongest when it drew a boundary around ownership and harm: “provided the flag burners burn their own flags rather than someone else’s flag”. Others warned that reviving sedition would make political dissent legally precarious, calling it “an infringement on free speech and freedom of expression”.

Yes voters argued from national identity rather than legal restraint. One said, “if we want to honour others culture we need to remember to respect our own identity too”, while another declared: “This is OUR country, OUR flag, OUR heritage.” Their case treated the burning as provocation and symbolic treason; the opposing side treated it as an obnoxious but protected act, provided no property or person was endangered.

That puts this vote inside the wider argument over whether liberal freedoms must protect conduct that many find contemptuous of the nation itself. The chamber’s answer was that existing public-order and damage offences should do the work, not a new offence aimed at political symbolism; even one No voter who disliked the act conceded it was “unpleasant and offensive behaviour” rather than a crime.

The room was not fond of flag-burning, but it was more wary of prosecuting it — and more protective of the right to make a spectacle of dissent than of the symbol’s dignity.

“Im not a die hard patriot. but if we want to honour others culture we need to remember to respect our own identity too.”

YES case · Icoult · 2 respects

“Although objectionable, the burning of flags (or the Quran, or other symbolic items) should not be illegal.”

NO case · Bearcage · 4 respects

57%
No
majority
43% Yes
Votes964
Skipped10
You—

% voting yes, by leaning

0% yes among H. Left voters, 48 of them
1% yes among Left voters, 128 of them
8% yes among C. Left voters, 110 of them
24% yes among Centre voters, 91 of them
56% yes among C. Right voters, 131 of them
66% yes among Right voters, 373 of them
76% yes among H. Right voters, 102 of them
H. Left
Left
C. Left
Centre
C. Right
Right
H. Right
Early result

This referendum settled before 29 September 2026, when refnation's current method began, so its result is a plain count of Yes and No. It is kept here as an archive: refnation's record starts on 29 September 2026.

How results are calculated, and corrections

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Debate

35 Opinions

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Glasses· 904
The Command-and-Control Right
Voted noRight lean

It's a flag.

Bearcage· 416
The Frugal Realist
Voted noRight lean

Although objectionable, the burning of flags (or the Quran, or other symbolic items) should not be illegal.

Icoult· 205
The Unifier
Voted yesCentre lean

Im not a die hard patriot. but if we want to honour others culture we need to remember to respect our own identity too.

The Perennial
Voted noC. Left lean

Banning someone burning a flag is not going to change the minds of people who wish to do harm to the people of this country. It wont do a thing, leave things as they are.

r08yn· 379
The Civic Ownership Left
Voted noLeft lean

The now abolished Sedition laws were used as excuse to jail political opponents reinstating it is an infringement on free speech and freedom of expression. Democracy involves power to the public over its government you cannot have this with sedition laws you will see journalists being locked up for criticising the government.

JohnnyBoy· 671
The Hard-Right Contrarian Patriot
Voted noH. Right lean

I cannot see how this measure would help anything. The real issue is authorities disrespecting our flags & arresting citizens for flying them - as being offensive to other often militant & terrorist supporting groups - essentially giving full reign to those who hate our country to desist whatever they want. We gave to be free to burn a flag without fear.

The Hard-Border Constitutional Conservative
Voted noRight lean

Nor should burning the Pride flag, the Palestine flag, the Koran. We are a free country and if it is yours and by doing so you are not endangering anyone elses property or life then go for it. If I see you burning the Union flag here in the UK I will call you out but it is a free country.

BenL· 608
THE NANNY-STATE ALLERGIC
Voted noC. Left lean

Criminalising political symbols sets a slippery slope toward authoritarianism. Id like to think our true national pride isn't so fragile that it requires locking up protesters to defend itself.

Church15· 538
The Gatekeeper Reformer
Voted noC. Right lean

As much as I personally dislike flag burning, this should remain protected under freedom of expression provided the flag burners burn their own flags rather than someone else’s flag.

The Public-Purpose Leftist
Voted noLeft lean

Probably a lot of those who want to prosecute for this would support the burning of other flags, books etc they disagree with. Move on to real policies that actually do something rather than generate noise around distracting policies that deliver nothing