August 1, 2023

"Freedom of expression is not absolute in nature but is nonetheless a highly important right that cannot be lawfully restricted without the requirements of legal certainty and proportionality being met."

Said Judge Anthony Chan, quoted in "Judge Rejects Hong Kong’s Bid to Ban Pro-Democracy Song From Internet/The authorities sought a court injunction that could have pressured Google and other tech firms to remove 'Glory to Hong Kong'" (NYT).
Judge Chan also said that it would have been wrong to grant the injunction because existing criminal laws already gave the authorities the power to prosecute people for spreading the song, and that this ban would have been difficult to enforce, and unnecessary. Numerous people in Hong Kong have been arrested or charged for playing the song in public under an expansive national security law that Beijing imposed on the territory in 2020.... 
The “Glory to Hong Kong” case had risked “muddling” the city’s reputation as a place where the internet is open, he said. In China, the authorities block content and websites they don’t like, a system called the Great Firewall....

8 comments:

Jamie said...

Judge Chan also said that it would have been wrong to grant the injunction because existing criminal laws already gave the authorities the power to prosecute people for spreading the song, and that this ban would have been difficult to enforce, and unnecessary.

Way to water down the already weak sauce, Judge Chan.

Not our society, I know. But the main bit of the ruling seemed to reach toward (though fall short of) a decent defense of free speech. Of course, any stronger statement might have resulted in the knock on the door in the dead of night, so.

I will modify: good luck, Judge Chan. If you have relatives or friends in the US, stay in contact with them in case you decide you want to make a stronger statement one of these days.

Gusty Winds said...

The Great Firewall of China. Awesome. If you're going to censor, at least be open and honest about it.

Unlike in the US where liberals, big tech, Universities, and our gov't pussy foot around what they are doing.

Jaq said...

Sounds like the US under Biden.

gilbar said...

existing criminal laws already gave the authorities the power to prosecute people for spreading the song

i assume that they claimed it was "hate speech" ??

CJinPA said...

Country Music Television (CMT) announced it's banning the video anyway, just to be safe.

Rusty said...

Not yet Tim. Not yet.
Both judge Chan and I can sit here and call Joe Biden a lying, corrupt piece of senile shit and not be a criminal.
But only I can call Xi a lying, corrupt dictatorial piece of shit.

phantommut said...

Saying it first, Judge Chan did not commit suicide.

mikee said...

The 90,000,000 members of the Chinese Communist Party must worry every time they see a lamp post and a length of rope anywhere near each other.