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Opinion | A political show of western technological tycoons to damage Hong Kong’s image

By Edward Hei Leung, DAB Standing Committee Member

Recently, the Asia Internet Coalition, a Singapore-based association that counts Facebook, Twitter and Google as members, has issued a letter that criticizes the newly proposed anti-doxxing law amendments in Hong Kong as over-broad, ambiguous, completely disproportionate and unnecessary, not to mention their staff may also be criminally liable for content they have no control over. Yet, does that reflect the truth?

Doxxing becomes a tool to spread hate and endanger innocent people in Hong Kong

It cannot be denied that doxxing was arisen to mainstream awareness in 2019, when the so-called black violent forces deliberately broadcasted personal information by which renders government officials, party members, judgers, policemen and their immediate relatives vulnerable to embarrassments, financial losses and personal injuries. In fact, Office of the Privacy Commissioner for Personal Data in Hong Kong had handled more than 5,700 doxxing-related cases between June 2019 and May 2021.

The substantial rise of doxxing activities awakens Hong Kong government to plug loopholes, increase penalties and confer law enforcement forces power to investigate and prosecute if necessary. As proposed, a maximum fine of HK$1 million and imprisonment of up to five years will be imposed to offenders who disclose personal data without consent, and intend to threaten, intimidate, harass or cause psychological harm to someone or his or her immediate family members.

Common if not international practice to curb doxxing

It does not take much to know that doxxing is intolerable across the globe. Let's start from the Five Eyes Alliance who criticizes Beijing most on issues like freedom of speech. In UK, law enforcement forces can prosecute doxxing under the country's existing data protection and communication law, whereas Australia and Canada have amended their general harassment offenses to prosecute doxxing in technology neutral terms.

Worse still, in US, the so-called liberal country model, 18 U.S. Code § 2261A prohibits individuals using an interactive computer service or electronic communication service to harass, intimidate, or surveil another person and, more importantly, cause them to suffer emotional distress or fear for their safety. 18 USC § 119 also further the protection to covered persons that include employees of US government or any of its agencies. Anyone, who is found guilty, will receive a hefty fine and sentenced to up to five years in federal prison. In light of this, is Hong Kong newly proposed anti-doxxing law special? Why don't US technological companies criticize their government as well?

Utilize Hong Kong to undermine China

In response to western overwhelming concerns, Office of the Privacy Commissioner for Personal Data reiterates that the latest legislative amendments to the Personal Data (Privacy) Ordinance (PDPO) only criminalize dosing acts as an offense and confer investigation and prosecution powers on the Privacy Commissioner for Personal Data. Exemptions under specified circumstances, such as crime prevention or detection, health, news activity, statistics and research, will not be affected, not to mention the protection of free speech under Article 27 of the Basic Law and the Hong Kong Bill of Rights Ordinance. Though the government repeatedly emphasizes that the scope of a doxxing offense will be clearly set out, the Asia Internet Coalition still disregards the reassurance.

Besides, it looks difficult to understand their so-called dissatisfaction on putting the staff criminally liable for content they have no control over. According to Office of the Privacy Commissioner for Personal Data in Hong Kong, they have issued 297 letters to 18 online service providers, and successfully removed 4328 links between June 2019 and April 2021. If they have no control, how comes the number of 4328 links? Again, it casts a doubt of whether all these technological tycoons truly understand the crux of the law amendments. Maybe their warning letter is to show a political stand to ally with western governments, namely the US, instead.

Generally speaking, Hong Kong is always special to western politicians. From their points of view, National Security Laws and the law amendments against doxxing should not be enacted, even though their countries have these laws or even more than Hong Kong does. On one hand, Hong Kong serves as the springboard of mainland China to global markets. The city, on the other hand, offers a trustworthy entrance of western companies to earn money in Chinese markets. Given the nature of shared destiny, any possible damages upon Hong Kong's image can undermine Beijing's international influence, together with provoking anti-China resentments amid our society. Under this circumstance, does the Asia Internet Coalition truly concern Hong Kong people's rights.

 

The views do not necessarily reflect those of DotDotNews.

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