Is it illegal to use the national flag as an avatar?

It is not illegal to use the national flag as an avatar.

There are no clear restrictions on the use of national flag patterns as avatars in China. Out of patriotism, it is not illegal for most netizens to use the national flag pattern as their avatar or PS on their avatar.

The following situations may be suspected of breaking the law: pay attention to whether the WeChat avatar and WeChat account itself contain illegal and insulting content; The avatars of some WeChat merchants are the products they sell. If the national flag is added to the product drawing, it violates the regulation that the national flag cannot be used as a trademark or commercial advertisement, and it is suspected of breaking the law.

When using the national flag as a WeChat avatar, we should pay attention to maintaining the integrity of the national flag, and no scratches or defilements are allowed. In addition, some people have taken photos of their national flags in the circle of friends. Although flying the national flag is a sign of loving the motherland, it will be suspected of breaking the law if it is hung improperly.

legal ground

According to the provisions of Article 20 of the National Flag Law of People's Republic of China (PRC),

The national flag and its patterns shall not be used as trademarks, patented designs or commercial advertisements, or used in inappropriate occasions such as private funeral activities.

Article 23 provides that:

Whoever intentionally insults National Flag of the People's Republic of China by burning, damaging, scribbling, defileing or trampling in public places shall be investigated for criminal responsibility according to law; If the circumstances are relatively minor, the public security organ shall impose a detention of not more than fifteen days.

To regard the national flag as an important part of patriotism education, schools should educate students to understand the historical and spiritual connotation of the national flag, and abide by the national flag usage norms and flag-raising ceremony etiquette. The news media should actively publicize the knowledge of the national flag, guide citizens and organizations to correctly use the national flag and its patterns, and may not hang or use a damaged, defiled, faded or substandard national flag, or hang or use a national flag upside down, upside down or in other ways that is detrimental to the dignity of the national flag. Don't throw away the national flag at will.