2. However, if there are illegal or other insulting contents on the national flag, it is illegal. Citizens and organizations can use the national flag and its patterns to express patriotic feelings on appropriate occasions, but they shall not damage the dignity of the national flag and shall abide by relevant network management regulations.
So, is it illegal to use the national flag for the WeChat avatar?
Article 20 of the National Flag Law of People's Republic of China (PRC) stipulates: "The national flag and its patterns shall not be used as trademarks, patterns granted patent rights or commercial advertisements, and shall not be used in inappropriate occasions such as private funeral activities." There is no rule that it cannot be used as a WeChat avatar.
Through online search, relevant information has been refuted by many police stations, and similar rumors begin to spread every National Day. This is an old rumor and a new rumor.
It is clearly stipulated in the Trademark Law and the National Flag Law that the national flag or a pattern similar to the national flag cannot be used as a trademark or an advertisement. Usually, if there is such a situation, the industrial and commercial department can report it, and the industrial and commercial department will order it to take back the national flag and the national flag pattern used for trademarks or advertisements according to relevant laws, and may face administrative punishment if it causes serious social impact.
Whoever intentionally burns, damages, scribbles, defiles or tramples on the national flag in public places shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. If the circumstances are minor and do not constitute a crime, they shall be placed in administrative detention for less than fifteen days.
Under normal circumstances, as long as you don't use the national flag as a trademark advertisement or insult it, it is not illegal to use the national flag, and you can also express your patriotism, respect and love for the country.
legal ground
Article 20 of the National Flag Law of People's Republic of China (PRC) stipulates: "The national flag and its patterns shall not be used as trademarks, patterns granted patent rights or commercial advertisements, and shall not be used in inappropriate occasions such as private funeral activities."
Article 23: "Whoever intentionally insults the people and the national flag 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 minor, the public security organ shall impose a detention of not more than fifteen days. "