In the relevant laws, there is no stipulation that individuals cannot use the national emblem as an avatar on social platforms. As the saying goes, freedom is freedom if it is not prohibited by law. What's more, the legislative purpose of the National Emblem Law is to safeguard national dignity and enhance citizens' national beliefs, and people's patriotism should be protected.
However, it should be noted that the following uses may be suspected of violating the law:
1. Pay attention to whether the WeChat avatar and WeChat account itself contain illegal or insulting content. According to the relevant provisions of the National Emblem Law of the People's Republic of China, if the national emblem is accompanied by obscene, pornographic or other insulting pictures and words, this behavior has been suspected of breaking the law.
2. The avatars of some WeChat merchants are the products they sell. If the national emblem is added to the product drawing, it violates the regulation that the national emblem cannot be used as a trademark or commercial advertisement, and it is suspected of breaking the law. China's national emblem law stipulates that the national emblem 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 Emblem 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 emblem on dishes is a commercial act. In addition, it is illegal to print the national emblem on a bag for sale and make it into clothes.
3. When using the national emblem as the head of WeChat, we should pay attention to maintaining the integrity of the national emblem, and no scratches or defilements are allowed.
Legal basis:
Article 13 of the Law of the People's Republic of China on the National Emblem (revised in 2020) stipulates:
The national emblem and its design shall not be used for:
(1) Trademarks, designs granted patent rights and commercial advertisements;
(2) furnishings and arrangements for daily necessities and daily life;
(3) private celebrations and hanging activities;
(four) other occasions when the General Office of the State Council stipulates that the national emblem and its pattern shall not be used.
Article 14 of the Law of the People's Republic of China on the National Emblem (revised in 2020) stipulates that:
No damaged, defiled or substandard national emblem shall be hung.
Article 15 of the Law of the People's Republic of China on the National Emblem (revised in 2020) stipulates:
The national emblem should be an important part of patriotism education.
Primary and secondary schools should educate students on the historical and spiritual connotation of the national emblem.
The news media should actively publicize the knowledge of the national emblem and guide citizens and organizations to correctly use the national emblem and its patterns.
Article 18 of the Law of the People's Republic of China on the National Emblem (revised in 2020) stipulates that:
Whoever intentionally insults the people and national emblem 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.