Pro-democracy anthem remains unbanned as Hong Kong judge rejects government’s request

The Hong Kong court made a surprising decision on Friday by rejecting the government’s request to ban the popular protest anthem “Glory to Hong Kong.” This decision is a relief for global tech companies like Apple, Google, and Meta, as they would have been forced to censor the anthem if it was banned. The court ruling has a significant impact on the freedom of information and expression for internet users.

The government sought to ban the unofficial anthem due to China’s tight control over Hong Kong. Tech companies would have faced challenges in complying with the injunction, as they would have had to stop distributing the song on platforms like Facebook, YouTube, and iTunes.

Local rights activists and the Hong Kong Journalists Association welcomed the court’s decision, stating that it sends a strong signal that the government needs to be cautious when using public power.

The decision is also positive for tech companies, as it protects free expression and the flow of information. However, Google, Meta, and Apple have not commented on the ruling.

The government argued that the song promotes secession, which is a crime under China’s national security law. If the injunction was granted, tech companies would have had to ensure that the song did not appear on their platforms.

Legal experts believe that trials under the injunction would have focused on whether specific posts were seditious, rather than requiring blanket takedowns from tech companies. However, Judge Anthony Chan rejected the injunction, citing the difficulty in determining seditious intent in individual posts.

The Hong Kong government may appeal the ruling, and it could even ask Beijing to overrule it. The government cited 32 YouTube videos as examples of the content it wanted to block.

The national security law has already caused compliance officers at tech companies to face challenges, and they have been performing risk assessments for various aspects of their operations.

The fact that tech companies have already changed their approach in Hong Kong since the national security law was imposed shows that they are proactively adapting to local laws. It is not the Hong Kong government’s decision to block services, but the companies themselves choosing not to offer them in Hong Kong.

In conclusion, the Hong Kong court’s decision to reject the ban on “Glory to Hong Kong” is a relief for global tech companies and citizens. It protects free expression and the flow of information, while also highlighting the need for caution when using public power. Tech companies have already adapted their approach to Hong Kong since the implementation of the national security law.

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