Hong Kong Court Extends Ban on Online Content That 'Incites Violence'
The ruling raises questions about government efforts to place restraints on speech in Hong Kong, where online censorship has not previously been an issue.
November 19, 2019 at 02:17 PM
3 minute read
A Hong Kong court has extended a temporary injunction banning the posting or sharing of online posts that could incite violence – a move sought by the government to curb violence in Hong Kong as anti-government protests continue to rock the city.
The ban is aimed at blocking a popular Reddit-like forum, LIHKG, and the messaging app Telegram – two major communication platforms for protesters. Both LIHKG and Telegram are named in the injunction, cited as examples of platforms on which the posting or sharing of information could incite violence and which therefore are banned.
The High Court in Hong Kong first granted the interim injunction, which was sought by Hong Kong Secretary of Justice Teresa Cheng, on October 31. On November 15, it ruled that it would extend the interim injunction, banning "wilfully disseminating, circulating, publishing or re-publishing [online] any material or information for the purpose of promoting, encouraging or inciting the use or threat of violence", including illegally damaging property in Hong Kong.
The ban will remain in effect until trial or further order, the court said.
The ruling raises questions about government efforts to place restraints on speech in Hong Kong, where online censorship has not previously been an issue – in stark contrast to mainland China.
"The temporary injunction sets an extremely dangerous precedent for introducing internet censorship of online speech similar to the Great Firewall of China," pro-democracy lawmaker Charles Mok stated after the preliminary injunction was imposed.
On November 11, the Internet Society's Hong Kong chapter filed a judicial review seeking to withdraw the injunction due to broad language used that could limit or disrupt the internet. The November 15 ruling made amendments to the language of the preliminary injunction to clarify that the ban should apply where there is intent to commit violence.
The Internet Society of Hong Kong was represented by Parkside Chambers barristers Nigel Kat SC, Benson Tsoi and Simon Young, instructed by Hong Kong firm Daly & Associates.
The anti-government protests initially were largely peaceful but have become increasingly violent in recent months. Last week, a police officer shot a 21-year-old male student in his abdomen and protesters doused a 57-year-old man with a flammable liquid and set him on fire. Both men are in critical condition, according to Hong Kong newspaper, the South China Morning Post. Also last week, Shuang Zhao, a Hong Kong partner at Cleary Gottlieb Steen & Hamilton, was caught up in protests and accidentally splashed with acid while she was on her way to work.
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