There is no clear restriction on the use of the national flag pattern as the head of WeChat in Chinese law. It is not illegal for most netizens to regard the national flag as a WeChat avatar or put the national flag element PS in a WeChat avatar out of patriotism.
However, it should be noted that the following use cases may be suspected of violating the law:
1. Pay attention to whether the WeChat avatar and WeChat account itself contain illegal and insulting content, which has been suspected of breaking the law;
2. The avatars of some WeChat merchants are the products they sell. If the national flag is added to the product drawings, it violates the regulations that the national flag cannot be used as a trademark or commercial advertisement, and it is suspected of breaking the law. China's "National Flag Law" stipulates that the national flag and its patterns shall not be used as trademarks and advertisements, and shall not be used for private funeral activities.
According to the Advertising Law, National Flag of the People's Republic of China, the national anthem, the national emblem, the military flag, the military song and the military emblem shall not be used in advertisements. Printing the national flag on a plate is a commercial act. In addition, it is illegal to print the national flag on a bag for sale and make it into clothes.
3. When using the national flag as the WeChat header, you should pay attention to maintaining the integrity of the national flag, and no scratches or stains 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, if it is hung improperly, it may also violate the National Flag Law of People's Republic of China (PRC).
The five-star red flag is the symbol of China people, and it must be used in a standardized and correct way.
Legal basis:
National Flag Law of People's Republic of China (PRC)
Article 19 No damaged, defaced, faded or substandard national flag may be hoisted or used, and no national flag may be hoisted or used upside down, inserted upside down or in other ways that are detrimental to the dignity of the national flag.
Don't throw away the national flag at will. Damaged, defaced, faded or substandard national flags shall be recovered and disposed of in accordance with relevant state regulations. After the large-scale mass activities, the organizers of the activities shall take back or properly dispose of the national flag used at the event site.
criminal law
Article 299 Crime of Insulting the National Flag, National Emblem and National Anthem Whoever intentionally insults the people of China and the national flag and national emblem in public places by burning, damaging, scribbling, defileing or trampling on them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.
Whoever intentionally falsifies the lyrics and music scores of the China people's national anthem in public, plays the national anthem in a distorted or derogatory way, or insults the national anthem in other ways, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.
advertising law
Article 9 An advertisement shall not be under any of the following circumstances:
(a) the use or disguised use of National Flag of the People's Republic of China, national anthem, national emblem, military flag, military song and military emblem;
(2) using or using in disguised form the name or image of a state organ or a functionary of a state organ;
(3) using terms such as "national level", "highest level" and "best";
(four) damage the dignity or interests of the state, revealing state secrets;
(5) Obstructing social stability and harming public interests;
(6) endangering personal and property safety and revealing personal privacy;
(7) Obstructing public order or violating good social customs;
(8) Containing obscenity, pornography, gambling, superstition, terror and violence;
(9) Contents containing ethnic, racial, religious and gender discrimination;
(ten) hinder the protection of the environment, natural resources or cultural heritage;
(eleven) other circumstances prohibited by laws and administrative regulations.