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

It is not illegal for an individual to use the national flag as a portrait. The purpose of using the national flag correctly is to express patriotic enthusiasm and must not be used to insult or defile the national flag.

Legal analysis

As long as it is not used as a trademark advertisement, the avatar account itself does not contain illegal, insulting and other contents that do not violate relevant laws and regulations, and the law does not prohibit it. Therefore, if it is within the scope of respect and patriotism, it is not illegal! If the avatar is a product, adding the national flag on it violates the regulation that the national flag cannot be used as a trademark or commercial advertisement, which may be suspected of breaking the law! In addition, relevant laws and regulations stipulate that those who intentionally insult 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. If you want to use the national flag as a portrait out of patriotism, you need to pay attention to maintaining the integrity of the national flag, and you must not scribble or deface it, otherwise it will be illegal.

legal ground

One article is added to the Decision of the NPC Standing Committee on Amending the National Flag Law of People's Republic of China (PRC) as Article 9: "The State encourages citizens and organizations to use the national flag and its patterns on appropriate occasions to express patriotic feelings." Citizens and organizations using the national flag pattern in the network shall abide by the relevant network management regulations and shall not damage the dignity of the national flag. "The standard version of the national flag pattern used in the network was published on the China People's Congress website and the Chinese government website."