16 October
The Power of Song: Repercussions for Freedom of Expression and Digital Rights 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.
Join us on Wednesday, October 16, for the webinar “The Power of Song: Repercussions for Free Speech and Digital Freedoms in Hong Kong.” Our panel of experts will delve into the court’s decision to block the protest song and the impact of the National Security Law. Speakers include Michael Caster, Asia Digital Program Manager with ARTICLE 19, who has published widely on these issues, and Chung Ching Kwong, a political and digital rights activist from Hong Kong. Dr. Eric Yan-ho Lai, Research Fellow at Georgetown Center for Asian Law (GCAL), will also discuss the findings of a research paper on how the “Glory to Hong Kong” decision benefited the government’s national security governance and enabled excessive restrictions on freedom of speech. The panel will be moderated by Doreen Weisenhaus, Director of the Media Law and Policy Initiative at Northwestern University, former media law professor at the University of Hong Kong, and author of Hong Kong Media Law: A Guide for Journalists and Media Professionals.
Eric Yan-ho Lai, Research Fellow, Center for Asian Law Georgetown University
Eric Yan-ho Lai is a research fellow at Georgetown Center for Asian Law (GCAL), an associate fellow at the Hong Kong Studies Hub of the University of Surrey and a member of the Asian Civil Society Research Network. He obtained his Ph.D in law at SOAS University of London in 2022. His main research focuses on law and society, law and social movement, national security, judicial politics and international human rights law. Lai is formerly a visiting fellow at the Centre for Comparative and Public Law at the University of Hong Kong, and formerly visiting researcher at King’s College London. Born and raised in Hong Kong, Lai has been involved in civil society development and human rights advocacy since 2010.
Chung Ching Kwong, Senior Analyst at Inter-Parliamentary Alliance on China
Chung Ching Kwong is a political and digital rights activist from Hong Kong. She is the founder and former spokesperson of Keyboard Frontline, an organization dedicated to monitoring online censorship and digital rights, and a columnist at Apple Daily, a pro-democracy newspaper with one of the largest readerships in Hong Kong before being shut down. Glacier first got involved in activism in 2012 due to Hong Kong’s proposal of a copyright amendment bill that would undermine freedom of speech on the internet. She has vocally criticized the use of surveillance technology and artificial intelligence to pursue authoritarian ends by the Chinese regime. Kwong is the Hong Kong Campaigns Coordinator at the Inter-Parliamentary Alliance on China (IPAC) and is now pursuing her Ph.D. in law at the University of Hamburg, where she lives in exile.
Michael Caster, Asia Digital Program Manager ARTICLE 19
Michael Caster is a human rights advocate and researcher specializing in China and Southeast Asia. He is currently the Asia digital program manager with ARTICLE 19, where he manages projects on internet freedom and digital rights. In 2016 he co-founded Safeguard Defenders, a regional human rights organization with a focus on China, and with whom he continues to serve as senior advisor. Michael previously worked with Civil Rights Defenders. In 2008, he was a co-founder of the Chinese Urgent Action Working Group in Beijing, until the organization was crippled in 2016 in a country-wide crackdown on the human rights movement. He consults with the Minority Rights Group, Amnesty International, the International Commission of Jurists, and others. He holds degrees in international law and human rights from the Fletcher School of Law and Diplomacy at Tufts University and the University of Utrecht in the Netherlands.
Doreen Weisenhaus, Associate Professor and Director, Media Law and Policy Initiative, Medill School of Journalism, Media, Integrated Marketing Communications, Northwestern University
Doreen Weisenhaus is a Senior Lecturer with a joint appointment at Northwestern University’s Pritzker School of Law and the Medill School of Journalism, Media, Integrated Marketing, where she also serves as Director of the Media Law and Policy Initiative. Her courses include Global Freedom of Expression and the Press (Pritzker), The Journalist Abroad: Legal Risks and Dilemmas (Medill), and Media Law and Government Transparency Practicum (a joint law-journalism offering). Prior to Northwestern, she taught media law and ethics at the University of Hong Kong (2000-2017), where she remains an Adjunct Associate Professor at the Journalism and Media Studies Centre. Weisenhaus is also the author of Hong Kong Media Law: A Guide for Journalists and Media Professionals. Before HKU, she was City Editor of The New York Times and the first legal editor of The New York Times Magazine before becoming its law and politics editor.
Michael Caster
What Leverage Remains to Preserve Free Expression in Hong Kong?, Tech Policy Press Podcast, February 29, 2024.
Global Tech Companies’ Deafening Silence on Deteriorating Internet Freedom in Hong Kong, Op-Ed, The Diplomat, February 29, 2024.
ARTICLE 19 Statements
Hong Kong: Internet intermediaries must resist censorship of protest anthem, June 15, 2023.
Hong Kong: Tech companies must challenge protest song injunction, June 21, 2023.
Hong Kong: Tech companies must speak out against internet censorship, March 11, 2024.
Hong Kong: Tech companies must resist ban on protest anthem ‘Glory to Hong Kong’, May 8, 2024.
Hong Kong: UK Distributor should reverse global censorship of pro-democracy anthem, June 4, 2024.
Hong Kong: Proposed critical infrastructure bill is a fresh assault on free expression online, July 29, 2024.
Reuters
Hong Kong protest anthem removed by distributor after court injunction, May 24, 2024.
The Global Network Initiative
GNI Statement on Hong Kong’s Protest Anthem Ban, May 27, 2024.
Congressional Executive Committee on China (CECC)
Chairs Ask Google to Restore Censored Hong Kong Protest Anthem, June 5, 2024.