Formation of a post-colonial censorship regime - On the control of indecent articles in the Internet

Intro: Sexy Photo Gate Who's that girl? (1-08) Pictures stolen from Edison Chen's computer A netizen detained for 3weeks without bail under obscene article ordinance. Police abuse of power

Who's that girl? (1-08)

Pictures stolen from Edison Chen's computer

A netizen detained for 3weeks without bail under obscene article ordinance.

Police abuse of power

Contesting for freedom of speech: a recent history Colonial Era: - Public order ordinance – freedom of assembly - Association ordinance Both ordinances amended in 1995 and 1992 with the passing of bill of rights in 1991. After 1997: 1997 restoration of 92 and 95 amendment 2003 Article 23 – anti-sedition law (failed) 2006-7 internet control: Didiney, 14K, Obscene article ordinance – a depoliticizing twist.

Colonial Era:

- Public order ordinance – freedom of assembly

- Association ordinance

Both ordinances amended in 1995 and 1992 with the passing of bill of rights in 1991.

After 1997:

1997 restoration of 92 and 95 amendment

2003 Article 23 – anti-sedition law (failed)

2006-7 internet control:

Didiney, 14K, Obscene article ordinance – a depoliticizing twist.

Control of Obscene and Indecent Articles: a colonial native movement A local civic movement (driven by local elites): 1975 Objectionable publication ordinance. 1987: The control of Obscene and Indecent Articles Ordinance passed based on NZ 1963. 99-00: civic pressure for more control, complaint system set. conservative civic groups join in and become adjudicators in the tribunal. 2007: control enters internet (via complain workshop), selective prosecution, abuse of power.

A local civic movement (driven by local elites):

1975 Objectionable publication ordinance.

1987: The control of Obscene and Indecent Articles Ordinance passed based on NZ 1963.

99-00: civic pressure for more control, complaint system set. conservative civic groups join in and become adjudicators in the tribunal.

2007: control enters internet (via complain workshop), selective prosecution, abuse of power.

Control of Indecent and Obscene Articles – Ordinance in brief Publish or possess for publishing obscene articles: a fine of HK$ 1 million and 3 yrs imprisonment. publish or display of indecent articles to juvenile: a fine of HK$ 400,000 and 12 months for first conviction and HK$ 800,000 and 12 months for subsequent conviction.

Publish or possess for publishing obscene articles: a fine of HK$ 1 million and 3 yrs imprisonment.

publish or display of indecent articles to juvenile: a fine of HK$ 400,000 and 12 months for first conviction and HK$ 800,000 and 12 months for subsequent conviction.

Hyperlink Test Case - April 2007: 5 img src sexphoto hyperlinks to local adult site – admited without defending - Civic disobedient act : hyperlinking flickr photo at inmediahk.net and others, e.g complain bible action

- April 2007: 5 img src sexphoto hyperlinks to local adult site – admited without defending

- Civic disobedient act : hyperlinking flickr photo at inmediahk.net and others, e.g complain bible action

Problems with the Ordinance definition: e.g. distribution. arbitrary and selective prosecution: abusive manipulation from the TELA procedural justice outdated: traditional media to new media – corporate to individual local and global

definition: e.g. distribution.

arbitrary and selective prosecution: abusive

manipulation from the TELA

procedural justice

outdated: traditional media to new media – corporate to individual

local and global

Formation of a new regime “ apolitical” and civic support back to the 70s. formation of neo-conservative clan: appointed government + conservative political / religious force + arbitrary ordinance and colonial police force. smuggling power control over the Internet – speech area – selective prosecution and silencing effect eroding our freedom of speech culture: spoofing , vulgar language in contrast to colonial tolerance of non-official Cantonese / natve.

“ apolitical” and civic support back to the 70s.

formation of neo-conservative clan: appointed government + conservative political / religious force + arbitrary ordinance and colonial police force.

smuggling power control over the Internet – speech area – selective prosecution and silencing effect

eroding our freedom of speech culture: spoofing , vulgar language in contrast to colonial tolerance of non-official Cantonese / natve.