Web of Control: Hong Kong’s Crackdown on Internet Freedom
Executive Summary
This report examines the deteriorating landscape of internet freedom in Hong Kong, focusing on recent legal changes, the role of Information and Communications Technology (ICT) companies, and the broader implications for digital rights and business operations. ICT companies’ complicity has often added to extra-legal challenges to such freedom. This report examines the decline of internet freedom in Hong Kong, underpinned by a raft of legal changes and the complicity of some ICT companies in implementing new restrictions. The deterioration of internet freedom in Hong Kong has far reaching ramifications for digital rights and business risks.
Key findings:
Regulatory Shifts: Recent changes in local laws, coupled with extra-legal challenges, have significantly altered the digital environment in Hong Kong. New legislation increasingly reference laws from the People’s Republic of China (PRC), signalling greater alignment with mainland policies.
Content Censorship: Rather than implementing blanket bans, the Hong Kong government has adopted a more subtle approach, utilising Internet Service Providers (ISPs) as intermediaries to censor online content. This strategy allows for more targeted and less visible interventions, while still imposing restrictions on information flow.
Corporate Discretion: ICT companies wield considerable influence over data sharing practices. The degree to which user data is shared with Hong Kong authorities often lies within these companies' discretion, highlighting their pivotal role in protecting-or potentially compromising-user privacy. This is not so much the case for companies operating in the PRC since the introduction of the Data Security Law and the Personal Information Protection Law.
Self-Censorship: Vague legislation and increased compliance costs to avoid accidentally falling foul of legislation have led to levels of self-censorship by media outlets, social media platforms, distributors, civil society and more that exceed legal mandates. This chilling effect on free expression extends beyond explicit legal requirements, reshaping online discourse.
Data Transfer Practices: Companies, especially those with administrative processes based in mainland China, must urgently re-evaluate their data transfer practices. The changing legal landscape necessitates a thorough review of data handling procedures to ensure compliance and protect user privacy.
Corporate Complicity: The report identifies a concerning trend of companies, whether willingly or under pressure, playing an active role in repressing internet freedom in Hong Kong. This complicity ranges from content removal to data sharing with authorities.
These developments collectively point to a significant erosion of internet freedom in Hong Kong. The interplay between government regulations, corporate policies, and self-censorship has created a complex digital ecosystem where freedom of expression and privacy are increasingly under threat.
The report concludes that while legal changes are a primary driver of this shift, the role of private companies is equally crucial. Their decisions on data handling, content moderation, and cooperation with authorities significantly impact the state of internet freedom in Hong Kong.
Stakeholders, including policymakers, business leaders, and civil society organisations, must carefully consider these findings as they navigate the changing digital landscape of Hong Kong. Urgent action is needed to balance regulatory compliance with the protection of digital rights and the preservation of Hong Kong's status as a global business hub.