A Hong Kong court on Wednesday approved the government’s request to ban the popular democratic national anthem, raising further concerns about free speech in the city.
The decision overturned preliminary ruling, could give the government the power to force Google and other tech companies to restrict online access to the song in Hong Kong. The decision is likely to deepen concerns about the city’s status as an international gateway to China, far removed from censorship controls.
The focus of the dispute in this case is “Glory to Hong Kong,” the song emerged in 2019 and became the unofficial anthem of pro-democracy protests and a flashpoint for authorities, who considered it an insult to China’s national anthem. The song has been banned from Hong Kong schools and attracted controversy when it was played received angry official condemnation, obviously wrongin international sporting events.
Beijing has tightened its control over the former British colony in recent years by imposing a national security law that suppresses almost all forms of dissent. People convicted of posting inflammatory content online have been jailed.
Chinese Foreign Ministry spokesman Lin Jian said at a press conference that the court’s decision was “a legal and necessary step for Hong Kong to fulfill its constitutional responsibility of safeguarding national security and the dignity of the national anthem.”
In March, the Hong Kong government issued new safety legislation The bill criminalizes “external interference” and theft of state secrets, creating potential risks for multinational companies operating in Asia’s financial hub.
In the “Glory to Hong Kong” case, a lower court judge ruled against the government last July and warned that a ban on the song would have a “chilling effect” in Hong Kong.
But three appeals judges overturned the decision on Wednesday, saying the national anthem was a “weapon” that could be used to undermine national security.
“Its effect is to justify, even romanticize and beautify, the unlawful violence that Hong Kong has suffered over the past few years, stimulating and rekindling strong emotions and desires for violent confrontation,” the court wrote.
The petition does not name any companies or individuals but lists 32 links to “Glory to Hong Kong” videos on YouTube or its sister company Google.
this government banThe court said it was “necessary to persuade” the tech companies to “remove” the songs from their platforms.
A Google representative said the company was reviewing the court’s ruling and declined further comment.
Analysts said the ruling could force YouTube to remove the song in Hong Kong. It could also force Google to ensure that “Glory to Hong Kong” videos no longer appear in search results.
Lokman Tsui, an Amsterdam-based researcher at cybersecurity watchdog group Citizen Lab, said the court was wrong to describe the song as a legitimate threat to national security.
“To censor or infringe speech on national security grounds, you must be able to prove intent and harm, and the remedy you propose is the least restrictive,” said Mr Xu, a former head of Asia and free speech groups. Google’s Pacific Region. He added that he did not believe the evidence presented constituted a legitimate national security threat.
In December 2022, Google rejected the government’s public request to remove the song, with Hong Kong’s security chief calling the company’s decision “unbelievable.”
Like most tech companies, Google has policy of Remove or restrict access Material that may be considered illegal by the courts in some countries.
Hong Kong authorities have asked technology companies to remove content dramatically in recent years. But compared with mainland China, the city’s internet remains largely outside government control.
Facebook and Twitter were blocked in mainland China in 2009. A year later, Google shut down its China services and redirected users to its search engine in Hong Kong, then a bastion of political freedom on the Chinese territory.
The Asia Internet Alliance, an association that sets internet policy on behalf of companies including Google, X, Apple and Meta, said it would evaluate how the ruling is enforced and its impact on businesses.
“We believe a free and open internet is critical to the city’s ambition to become an international center for technology and innovation,” Jeff Paine, the association’s managing director, said in a statement.
George Chen, co-chairman of the digital practice at the Asia Group, a Washington-based consultancy, said he hoped the government would tightly define the scope of the ban. Mr. Chen was the head of public policy for Meta Greater China.
“If the scope is too broad, the chilling effect will become more real, which will damage Hong Kong’s reputation as a regional business hub,” he said.
Zhang Jian Amy Contributed reporting.
