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Is it illegal to use the national flag as an avatar?
At present, there is no clear stipulation in our laws and regulations whether it is illegal to use the national flag as a portrait. However, it should be noted that any use of the national flag should respect its sacred significance and not insult or slander.
Specifically, there are two situations that may be suspected of committing a crime: one is that social accounts and avatars contain illegal and insulting content, or pasting the national flag pattern on obscene, pornographic or other insulting pictures and words, which is an illegal act of insulting the national flag in public.
Another way is to paste the national flag pattern in commercial activities such as trademarks and advertisements, which violates the relevant provisions of the National Flag Law of People's Republic of China (PRC) and may constitute illegal use of the national flag. On the other hand, it is not illegal to regard the national flag as a WeChat avatar or to add the national flag element to the WeChat avatar out of patriotism.
Precautions for using avatar:
1. Abide by laws and regulations: When choosing an avatar, you should abide by laws and regulations, and you should not use pictures that infringe on the rights and interests of others, contain bad information or violate relevant laws and regulations.
2. Protect personal privacy: avoid using too personal avatars, such as ID cards and family photos, so as not to reveal personal privacy information.
3. Respect others: When choosing an avatar, you should respect others and avoid using pictures that may cause discomfort or offence to others.
4. Avoid infringement: When using other people's photos as avatars, you should ensure that you have obtained the authorization of the photo owner and abide by relevant copyright laws and regulations.
5. Conform to social etiquette: When choosing an avatar, you should consider social occasions and purposes, and choose an avatar that conforms to social etiquette, such as using a more formal avatar in formal occasions and a more casual avatar in private occasions.
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