A decision on whether to ban the popular pro-democracy song “Glory to Hong Kong” from the internet is expected to be made next week by a Hong Kong judge. The government argues that the song, which served as the anthem for the 2019 protests, is an insult to China’s national anthem and could promote the belief that Hong Kong is an independent nation. A ban on the song has already been imposed in schools and the government has reacted strongly to its accidental playing at sports events. The case is being closely observed by tech companies as it raises concerns about government control over online speech in Hong Kong.
“The business community should be aware that the courts may not be able to protect them if the Hong Kong government claims national security interests,” said Thomas E. Kellogg, the executive director of the Center for Asian Law at Georgetown University.
Google has resisted requests from the government to remove “Glory to Hong Kong” from search results and YouTube. However, if ordered by the court, Google may have to comply. Like other tech companies, Google has a policy of removing or restricting access to illegal material according to court rulings in certain countries or regions. Google and Facebook have offices in Hong Kong with several hundred employees, while Apple did not comment on the case.
The authorities in Hong Kong have been cracking down on dissent and national security threats, leading to arrests, bounties, and prosecutions. Additionally, the government aims to pass legislation next year targeting subversive content and closing “internet loopholes,” which could have significant consequences and enshrine the ban into law.
Hong Kong has historically attracted foreign businesses seeking uncensored access to services like Google and Facebook, setting it apart from the rest of China. When Google refused to remove the song in December, Hong Kong’s security chief criticized the decision. In court, the government’s lawyer argued that the song had been used to incite emotions, citing the arrest of a harmonica player who played the song outside the British Consulate. On the other hand, a friend of the court representing opposing arguments argued that banning the song for national security reasons could disrupt the flow of information.
The Hong Kong authorities have already arrested over 250 people under the national security law imposed by Beijing in 2020. A court injunction against “Glory to Hong Kong” could expedite the government’s ability to restrict online content, compared to the slow progress of criminal cases against individuals. While no specific company or individual was named in the government’s injunction application, it included 32 links to the song on YouTube. There are concerns that such an injunction could pave the way for greater official control over the internet in Hong Kong, which has mostly enjoyed freedom from censorship despite Beijing’s oversight.
In 2009, American tech companies like Facebook and Twitter were blocked in mainland China, and Google redirected users to its Hong Kong search engine after shutting down its China services. Since the national security law came into effect, requests from Hong Kong authorities to tech companies to remove content from the internet have increased significantly.
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