What will the new law say? 

Denmark’s justice ministry has tabled a bill which would make it illegal to fly foreign flags in Denmark under a new law. The bill is expected to be processed in parliament and passed in the autumn, and take effect on January 1st 2025.

Essentially, the new law will make it illegal to raise almost all other countries’ flags. That will include the likes of the Stars and Stripes and Union Flag but some national flags will be exempted: the law will not apply to Nordic flags or the flags of Greenlandic, the Faroes Islands or Germany.

The flags of regional or international communities – such as the EU or UN, for example – will not be banned, but flags that represent autonomous areas or parts of countries – for example, the Catalonian flag or the flag of a US state – will be banned under the law.

The ban will meanwhile only apply to flying flags from flagpoles, meaning banners and flags at demonstrations or sporting events would not breach the law.

It will not apply to foreign embassies or consulates in Denmark, which will be permitted to fly their national flags on their premises.

In extraordinary circumstances, the justice minister will be allowed to generally exempt flags from the ban – as would be the case with Ukraine’s flag currently. The police may also be able to give individuals or businesses special permission to fly a national or other flag.

READ ALSO: Denmark to introduce new law against flying foreign flags

Why is Denmark doing this? 

A broad ban on flying the flags of other countries might seem unnecessarily strict, particularly for people from countries such as the United States or Canada, where it’s not uncommon for private homes to display a second national flag underneath the US or Canadian flag, for example to reference heritage.

Denmark has a longstanding tradition for only permitting the Danish flag under most circumstances, however.

“That’s how it was for more than 100 years and that’s how it should be again,” as Justice Minister Peter Hummelgaard put it when he announced the new law.

The minister’s comment references a 2023 Supreme Court ruling that a private individual had, in fact, not breached Danish laws by raising the Stars and Stripes in his garden in Jutland town Kolding.

Existing legislation on the area was in the form of a century-old directive which was made in the midst of World War I. The Supreme Court said the directive was closely related to the national situation at the time, in which Denmark was keen to protect its neutral position in the conflict.

The court also noted that raising a flag may be protected by free speech rights.

As such, raising foreign nations’ flags in Denmark could not generally be considered an offence under the directive, it concluded.

That meant the legal basis used for banning foreign flags no longer applied, so parliament revoked the First World War-era directive.

A proposal for a new law on the area was expected after a majority in parliament voted in March in favour of a resolution proposing a new ban on flying foreign flags.

Can I fly a foreign flag in my garden under existing laws?

Until the new law comes into effect – expected to be January 1st, 2025 – you wouldn’t be breaking the law as the Supreme Court saw it in 2023.

But it’s worth keeping a couple of the court’s remarks at the time in mind.

It should be noted that the ruling mentions national flags specifically, not flags of all designs which could carry logos or other messages (so these could theoretically also be illegal before the new law comes in).

“The Supreme Court’s view is that the raising the national flag of foreign countries by private persons today can generally not be seen as a violation of a ban ‘given for the protection of the defence or neutrality provisions of the state’,” the court concluded in 2023.

However, this will change – the bill is broadly supported so its adoption is a formality – on January 1st. Therefore, it’s probably most advisable not to invest in flagpoles or flags from this point onwards, unless they happen to be Danish ones.