Using a red flag as a profile picture, two exceptions constitute a violation of the law.
[4] Compiled from: Red Star News
Case review
The National Day holiday has just ended, and recently many WeChat friends have added the five-star red flag to their profile pictures, which can be said to be full of a sense of ritual. However, right during this celebratory time, a related trending topic suddenly appeared on Weibo, saying that this kind of behavior is illegal. What is going on?
Recently, there has been a message circulating online that appears to have been sent by the Shaanxi Public Security. The content states: 'Because you used a national flag background in your WeChat profile picture, causing the flag to be distorted, you have violated Article 18 of the National Flag Law of the People's Republic of China. Please go to the Qindu District Police Station in Xianyang City for ideological education as soon as possible; otherwise, we will take compulsory measures and detain you for up to fifteen days.' The signature is 'Qindu District Police Station, Xianyang City.'
A relevant person in charge of the Xi'an 110 Command Center told reporters that currently the city does not have an 'Xianyang City Qindu District Police Station'; there is only the 'Xianyang City Qindu Branch xx Police Station,' and the Xianyang Public Security Bureau has never issued the aforementioned text messages. The online circulated message is false.
So, is it illegal to use the national flag in a WeChat profile picture?
Law of the People's Republic of China on the National Flag
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 online should abide by relevant network management regulations and must not undermine the dignity of the national flag.
The standard version of the flag pattern used on the internet is published on the NPC website and the Chinese government website.
Article 20 The national flag and its patterns shall not be used as trademarks, designs for which patent rights are granted, commercial advertisements, or in inappropriate situations such as private funeral activities.
Article 23: Whoever intentionally insults the national flag of the People's Republic of China in public places by means of burning, damaging, scribbling, soiling, trampling, or other methods shall be held criminally responsible in accordance with the law; if the circumstances are relatively minor, the public security authorities shall impose detention of up to fifteen days.
[1] The author's perspective
In fact, our country's laws do not have any provision stating that the national flag cannot be used as a WeChat profile picture. According to Article 9 of the aforementioned 'National Flag Law,' it is evident that using the national flag to express patriotic feelings is allowed. Therefore, netizens use the national flag as their profile picture to take advantage of the National Day to express their love for the motherland, and this behavior is of courseNot illegalIn fact, as early as 2015, the Xi'an City Bureau of Justice in Shaanxi Province explained on Weibo: 'As long as it is not malicious, using the national flag as a profile picture is not illegal.'
But it is worth noting that the following situation could really be illegal!
In recent years, with the booming of online sales, WeChat business has gradually become active, and the main promotional method for WeChat business is posting in Moments. Therefore, such Moments advertisements with a 'national flag profile picture' may violate the 'commercial advertisement' provision in Article 20 of the aforementioned 'National Flag Law,' and such 'national flag profile pictures' may potentially be illegal.
In summary, the Five-Star Red Flag is the symbol and emblem of our country. It is worth encouraging to use the national flag appropriately within the scope of respect and patriotism, but one must not damage or desecrate it, otherwise it may violate Article 23 of the aforementioned "National Flag Law" and may even lead to criminal liability.
