Formation of a post-colonial censorship regime

Slide 1: Formation of a post-colonial censorship regime - On the control of indecent articles in the Internet

Slide 2: Intro: Sexy Photo Gate  Who's that girl? (1-08) A netizen detained for   Pictures stolen from 3weeks without bail  Edison Chen's under obscene article computer ordinance. Police abuse of power 

Slide 3: Contesting for freedom of speech: a recent history Colonial Era: After 1997: - Public order ordinance – 1997 restoration of 92 freedom of assembly and 95 amendment - Association ordinance 2003 Article 23 – anti- Both ordinances amended sedition law (failed) in 1995 and 1992 with the passing of bill of 2006-7 internet control: rights in 1991. Didiney, 14K, Obscene article ordinance – a depoliticizing twist.

Slide 4: Control of Obscene and Indecent Articles: a colonial native movement A local civic movement (driven by local elites): 1975 Objectionable publication ordinance. 1987: The control of Obscene and Indecent Articles Ordinance passed based on NZ 1963. 99-00: civic pressure for more control, complaint system set. conservative civic groups join in and become adjudicators in the tribunal. 2007: control enters internet (via complain workshop), selective prosecution, abuse of power.

Slide 5: Control of Indecent and Obscene Articles – Ordinance in brief Publish or possess for  publishing obscene articles: a fine of HK$ 1 million and 3 yrs imprisonment. publish or display of  indecent articles to juvenile: a fine of HK$ 400,000 and 12 months for first conviction and HK$ 800,000 and 12 months for subsequent conviction.

Slide 6: Hyperlink Test Case - April 2007: 5 img src sexphoto hyperlinks to local adult site – admited without defending - Civic disobedient act: hyperlinking flickr photo at inmediahk.net and others, e.g complain bible action

Slide 7: Problems with the Ordinance definition: e.g.  distribution. arbitrary and selective prosecution: abusive manipulation from the TELA procedural justice outdated: traditional media to new media – corporate to individual local and global

Slide 8: Formation of a new regime “apolitical” and civic support back to the 70s.  formation of neo-conservative clan: appointed  government + conservative political / religious force + arbitrary ordinance and colonial police force. smuggling power control over the Internet –  speech area – selective prosecution and silencing effect eroding our freedom of speech culture: spoofing,  vulgar language in contrast to colonial tolerance of non-official Cantonese / natve.