WEBCAST OCT 16 – The Power of Song: Repercussions for Freedom of Expression and Digital Rights in Hong Kong
On Wednesday, October 16 2024 at 09:00-10:30 EDT (13:00-14:30 UTC) Columbia Global Freedom of Expression (CGFoE), along with co-sponsors Georgetown Center for Asian Law and ARTICLE 19, present a webinar ‘The Power of Song: Repercussions for Free Speech and Digital Freedoms in Hong Kong‘
Earlier this year, a Hong Kong Court banned the dissemination of “Glory to Hong Kong,” a popular protest “anthem,” which had become an important symbol of dissent in Hong Kong. Between 2019 and 2022, the song was regularly used by protesters in over 400 demonstrations, and versions of it were erroneously promoted as the national anthem of Hong Kong, leading to arrests and prosecution for illegal activities and sedition. The song was available through online music streaming platforms, receiving millions of views. In 2023, the Secretary for Justice sought an injunction to prevent the “broadcasting, performing, printing, publishing, selling, distributing, displaying, or reproducing the song with the intent to incite secession or seditious intention, as defined by NSL (National Security Law) and the Crimes Ordinance in Hong Kong.”
The case highlights the struggle within the Hong Kong judiciary to hold on to its independence in the face of immense pressure from the Chinese authorities. Last year, the Court of First Instance dismissed the application, finding that despite the fundamental importance of national security, the injunction was not necessary and balanced unfavorably against individual rights. However, in May 2024, the Hong Kong Special Administrative Region Court of Appeal justified the use of a civil injunction as necessary to assist the criminal law in safeguarding national security, deferring to the executive’s assessment of the risks posed by the song. The use of a civil injunction as a mechanism to apply the National Security Law made compliance by the online platforms to take down the content more justifiable.
This is just one example among many others brought against those protesting the crackdown on fundamental freedoms in Hong Kong by the Chinese authorities. In June 2024, two foreign Non-Permanent Judges in Hong Kong from the United Kingdom resigned over concerns that their role in the Hong Kong judicial system made them not only complicit in the prosecution of protesters and other human rights activists but also lent credibility to the crackdown. The erosion of the legal system continues in Hong Kong, with the first two criminal prosecutions for sedition under the new Safeguarding National Security Ordinance being handed down on September 19.
A panel of experts will delve into the court’s decision to block the protest song and the impact of the National Security Law.
SPEAKERS
Michael Caster – Asia Digital Program Manager, ARTICLE 19
Chung Ching Kwong – Senior Analyst at Inter-Parliamentary Alliance on China
Eric Yan-ho Lai – Research Fellow, Georgetown Center for Asian Law (GCAL)
Moderator: Doreen Weisenhaus – Director, Media Law and Policy Initiative, Northwestern University
LIVESTREAM https://livestream.com/internetsociety/cgfoe-hk
PARTICIPATE VIA ZOOM https://bit.ly/4ezSm9H
REAL TIME TEXT (see ISOC.LIVE)
TWITTER #GlorytoHongkong #HongKong #freespeech @ColumbiaGFoE @GeorgetownCAL @article19org @article19asia @michaelcaster @laiyanhoeric @chungchingkwong Doreen Weisenhaus @MedillSchool
MASTODON #freespeech
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