Anne Cheung - Academia.edu (original) (raw)

Papers by Anne Cheung

Research paper thumbnail of Leung Lai Kuen: An Apple Fell Down: A Study of the Apple-fication Phenomenon in Hong Kong Newspapers Industry

Research paper thumbnail of Leung Lai Kuen: An Apple Fell Down: A Study of the Apple-fication Phenomenon in Hong Kong Newspapers Industry

International Journal of Communication, Apr 18, 2007

Research paper thumbnail of The Development of Communications Law in Hong Kong SAR

The practice and survival of media freedom in Hong Kong have been a hot topic since the days of p... more The practice and survival of media freedom in Hong Kong have been a hot topic since the days of political handover in 1997. In addition to the exercise of media freedom in the form of free speech and political right, citizens also need to come to term with the growing impact of commercial entities on their rights as media consumers. To illustrate the above two particular challenges in Hong Kong, this article focuses on a citizen’s fight to run his own radio station, and the problems of consumer protection in the converged communications market. Discussion on these two different areas will enable one to better understand the dynamics of power and accountability among citizens, government and media conglomerates.

Research paper thumbnail of Liability of Internet Host Providers in Defamation Actions: From Gatekeepers to Identifiers

SSRN Electronic Journal, 2014

Internet intermediary liabilities in defamation actions have posed vexing legal problems in the n... more Internet intermediary liabilities in defamation actions have posed vexing legal problems in the new Internet social era of Web 2.0, especially when users can generate and spread their own content anonymously without being easily identified. In such an event, Internet intermediaries or Internet service providers (ISPs) can become defendants in defamation actions, the legal outcome of which is highly dependent on the roles they play in most jurisdictions, that is, whether the ISPs are categorised as content, access or host providers. 1 Amongst the three different types of intermediaries, host providers are in a legally nebulous position. Unlike content providers who are actively involved in contributing to the content of the disputed defamatory statement and should be liable in defamation actions, and unlike access providers, who only connect users to the Internet through a telecommunications network and thus should not be liable, host providers are caught in the middle. They have 'hosted' a website or provided a 

Research paper thumbnail of The Battle of Microblogging for Legal Justice in China

SSRN Electronic Journal, 2014

Microblogging has a special appeal not only to Internet users in China who are keen to voice thei... more Microblogging has a special appeal not only to Internet users in China who are keen to voice their opinions in a fast and easy way, but also to Chinese rulers who see microblogging sites as a giant magnetic field for them to tap into, to mold and to "supervise" public opinions. In fact, since the 1980s, "public opinion supervision" has been on the agenda of the Chinese Communist Party (the Party) by the People's Republic of China (China). It is a term specifically coined by the Party in the 1980s to describe the mobilization of citizen awareness and opinion by the media to check against the deleterious force in the state under the guidance of the Party. 1 In such process, the media plays an indispensable role as a state agent, acting between the authorities and the citizens. But by the time of the 21 st century, Web 2.0 has completely changed the above dynamics. Armed with the Internet, public opinion has evolved into a powerful

Research paper thumbnail of Constitutional and Legislative Provisions Governing the Use of Language in the Hong Kong SAR

SSRN Electronic Journal, 2010

By the year 2009, Hong Kong has been China’s Special Administrative Region (SAR) for more than a ... more By the year 2009, Hong Kong has been China’s Special Administrative Region (SAR) for more than a decade. To some, it must have sounded politically incorrect and utterly odd that Hong Kong is being referred as a "post-colony". Yet, it is exactly this hybrid identity of being Britain’s former colony and China’s present SAR that has presented and confronted the ruler and its subjects with complex issues of governance. Among the older generation of Hong Kong, lingering sentiments to the colonial good-old-days may well be alive. Even among the younger generation, allegiance to the new ruler may yet to take deeper roots. This tension, between the past and the present mirrors the hopes and fears of the local inhabitants, maybe best reflected in the adoption and usage of language in Hong Kong. Since the colonial days in 1845, English has long been perceived by the public as the language of power and success. Mastery of it endows one with an aura of elitism. This continues to hold true at the back of the minds of many despite the change in political sovereignty. Partly this can be attributed to the fact that English is being the most commonly used language among countries in the age of internationalization and globalization. More significantly, English has often been trumpeted by the ruling regime to be indispensable for Hong Kong’s role as a leading international financial centre, in which the rule of law is an essential fuel. In contrast, Chinese language pales off. It belongs to the vernacular, to the private. It is easily understandable that English is essential for international trade and commerce. But as to whether the maintenance of rule of law in Hong Kong must be carried out in English is, perhaps, a topic too controversial to be easily settled. One has to bear in mind the simple truth that Hong Kong is the only common law system in the world where Chinese is used as a legal language. Inevitably, this would pose unique and unprecedented challenge to all those who have interactions with the legal system, including all living in Hong Kong, parties in lawsuits, court interpreters, lawyers and judges. To capture the above interplay of social and legal forces behind the use of language in Hong Kong, this study focuses on studying the legal judgments concerning bilingual language policy in Hong Kong after July 1, 1997, the official date of the transfer of political sovereignty from British to Chinese governance. The study of the judicial voice is of particular importance as the Hong Kong judiciary is often praised to be the crown jewel of the British legacy. It is highly regarded as being impartial, independent, and authoritative. It is seen as the guardian of the rule of law in Hong Kong. Given this context, when litigants to lawsuits, civil servants, university students and lawyers take their cases to court in the name of language right, they have turned the court rooms into the ultimate arena to test the equal status of English and Chinese. Thus, in examining and analyzing judicial decisions on the use of language right and policy, one can find that in interpreting the laws governing bilingual adoption in Hong Kong, judges have shaped, regulated and organized Hong Kong society and its subjects for easy and convenient governance. Indirectly and unconsciously, judges have also contributed to the consolidation and maintenance of English to be the genuine, elite and legal language. Through an analysis of various judgments, this paper argues that despite the popular use of Chinese in the community and in the court room, it is a language largely used to serve the functional purpose of easy governance. When it comes to priority of the powerful, authoritative and governing voice, English is still paramount. In particular, when law speaks, when judges speak, it must be pure, preferably in English.

Research paper thumbnail of Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

SSRN Electronic Journal, 2012

Research paper thumbnail of Hanging in a Balance: Freedom of Expression and Religion

When the liberty to freely express oneself is at odds with another's right to freedom of religion... more When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom of religion, thus it is uncertain whether it entails the right to have one's religious faith and symbols protected from insult. The unsettled boundaries of dispute arising from the clash between two fundamental rights have led to bitter tensions between freedom of expression and concerns to protect and respect religious sentiments. Religious communities feel outraged that their religious beliefs and sacred symbols are mocked, insulted, attacked or vilified. Aggrieved believers argue that "respect" for religious beliefs and symbols is fundamental to, and part and parcel of, the right of freedom of religion and that freedom of expression, although equally fundamental, is not without its limits. On the other hand, the authors and creators of these controversial works argue that any law seeking to restrict their works amounts to a violation of the sacrosanct right of freedom of expression, which is the bedrock of any democratic society.

Research paper thumbnail of An Overview of Internet Regulation in China

SSRN Electronic Journal, 2013

Research paper thumbnail of Open eGovernance Index Country Report: Hong Kong

Research paper thumbnail of Title Judicial Independence and the Rule of Law in Hong Kong

Since Hong Kong became a Special Administrative Region of China in 1997, there has been continual... more Since Hong Kong became a Special Administrative Region of China in 1997, there has been continual debate on the extent to which the rule of law can be maintained in Hong Kong. Much of this debate has focused upon the judiciary and the importance of maintaining its independence, both from the national and local governments. The role of the judiciary is especially significant in Hong Kong because there is no elected government and only part of the legislature is elected from geographic constituencies. Thus, the burden of checking the abuse of government power in Hong Kong will frequently fall upon the courts. This judicial role became particularly controversial during the "right of abode" cases, in which the Hong Kong Court of Final Appeal (CFA) initially ruled against the Hong Kong government on the question of how to interpret Articles 22 and 24 of the Basic Law. Unwilling to accept the judgment, the Hong Kong government made the much criticised (at least by the legal community) move of seeking a different "interpretation" of Articles 22 and 24 from the Standing Committee of the National People's Congress (NPCSC). Although there is no doubt that the NPCSC had the power to issue an interpretation (under Article 158 of the Basic Law), it was widely hoped that this power would be exercised very rarely and only when a case was actually referred to the NPCSC by the CFA. Indeed, it was not at all clear that the Hong Kong government had the power to seek an interpretation from the NPCSC on its own. Nonetheless, the NPCSC granted the Hong Kong government's request and issued the requested interpretation on 26 June 1999, essentially overruling the CFA's interpretation for the purpose of subsequent cases.' Given the explicit language of Article 158, the CFA had little choice but to follow the new interpretation, which it did in the case of Lau Kongyung and Others v Director of Immigration, decided on 3 December 1999. The entire saga was viewed, by many commentators, as an attack on the authority of the Hong Kong courts. It may also be viewed as a deliberate attempt by the government to discourage the CFA from ruling against the government in sensitive cases. However, others criticised the Hong Kong CFA arguing that it erred in refusing to seek an interpretation from the NPCSC in the first place.

Research paper thumbnail of The Ultimate Test of Fidelity: Judicial Responses to Civil Disobedience in Hong Kong and Taiwan

Democracy and Rule of Law in China’s Shadow

Research paper thumbnail of Internet governance and responsibility of internet service providers

Research paper thumbnail of A Study of Cyber-Violence and Internet Service Providers' Liability: Lessons from China

I. INTRODUCTIONCyberspace has been likened by many to be the "wild West,"1 difficult to... more I. INTRODUCTIONCyberspace has been likened by many to be the "wild West,"1 difficult to tame and unruly. Yet the great firewall of the Government of the People's Republic of China ["China"] has pinned down and filtered many freewheeling minds and spirits.2 When we are confronted with the Orwellian nightmare of the Big Brother overseeing us, many overlook the fact that we have become Little Brothers monitoring each others' behaviour. With the rise of blogs, discussion boards, and Youtube, we may become targets of false allegations or have our movements and gestures captured by modern technology at any moment to be broadcast on the Internet for millions to watch and to criticize. The use of the Internet by private citizens to achieve social shaming, monitoring and ostracism, or for private revenge is gaining prominence in China.The year 2007 brought several Internet scandals in China touching on defamation and privacy. These included a Peking University fem...

Research paper thumbnail of Title Legal Traditions of the World

Research paper thumbnail of Doxing and the Challenge to Legal Regulation: When Personal Data Become a Weapon

The Emerald International Handbook of Technology Facilitated Violence and Abuse

Doxing refers to the intentional public release by a third party of personal data without consent... more Doxing refers to the intentional public release by a third party of personal data without consent, often with the intent to humiliate, intimidate, harass, or punish the individual concerned. Intuitively, it is tempting to condemn doxing as a crude form of cyber violence that weaponizes personal data. When it is used as a strategy of resistance by the powerless to hold the powerful accountable, however, a more nuanced understanding is called for. This chapter focuses on the doxing phenomenon in Hong Kong, where doxing incidents against police officers and their family members have skyrocketed since 2019 (a 75-fold increase over 2018). It contends that doxing for political purposes is closely related to digital vigilantism, signifying a loss of confidence in the ruling authority and a yearning for an alternative form of justice. The chapter therefore argues that public interest should be recognized as a legal defense in doxing cases when those discharging or entrusted with public duty are the targets. Equally, it is important to confine the categories of personal data disclosed to information necessary to reveal the alleged wrongdoer or wrongdoing. Only in this way can a fair balance be struck between privacy, freedom of expression, and public interest.

Research paper thumbnail of Self-Censorship and the Struggle for Press Freedom in Hong Kong

... fields. Keywords: Hong Kong, China, Taiwan, self-censorship, press freedom, freedom of expres... more ... fields. Keywords: Hong Kong, China, Taiwan, self-censorship, press freedom, freedom of expression. Accepted Paper Series. Date posted: September 28, 2010 ; Last revised: September 28, 2010. Suggested Citation. Cheung ...

Research paper thumbnail of Rethinking Public Privacy in the Internet Era: A Study of Virtual Persecution by the Internet Crowd

Journal of Media Law

... 5 See Whitman (n 3). 6 See discussion in Geoffrey Robertson and Andrew Nicol, Media Law (Peng... more ... 5 See Whitman (n 3). 6 See discussion in Geoffrey Robertson and Andrew Nicol, Media Law (Penguin, 2002) ch 5. 7 See Whitman (n 3). 8 A successful example is OhmyNews, a Korean online newspaper with the motto 'Every Citizen is a Reporter'. ...

Research paper thumbnail of Doxing: What Adolescents Look for and Their Intentions

International Journal of Environmental Research and Public Health

Doxing is a form of cyberbullying in which personal information on others is sought and released,... more Doxing is a form of cyberbullying in which personal information on others is sought and released, thereby violating their privacy and facilitating further harassment. This study examined adolescents’ doxing participation using a representative sample of 2120 Hong Kong secondary school students. Just over one in 10 had engaged in doxing, and doxing behavior significantly increased the probability of disclosing personal information on others (odds ratio ranged between 2.705 and 5.181). Social and hostile doxing were the two most common forms of doxing. Girls were significantly more likely to conduct social doxing (χ2 = 11.84, p < 0.001), where their target was to obtain social information (χ2 = 4.79, p = 0.029), whereas boys were more likely to engage in hostile doxing aimed at obtaining personally identifiable information (χ2 = 4.31, p = 0.038) and information on others’ current living situations (χ2 = 4.17, p = 0.041). Students who had perpetrated doxing acts were more likely to ...

Research paper thumbnail of Doxing Victimization and Emotional Problems among Secondary School Students in Hong Kong

International Journal of Environmental Research and Public Health

Doxing is the searching for and intentional disclosure of private information about a particular ... more Doxing is the searching for and intentional disclosure of private information about a particular individual on the Internet without his or her consent, and is often used to exact punishment. The aim of this study was to investigate the associations between doxing victimization and emotional problems in secondary school students, paying particular regard to the impacts of different types of doxed information, the relationship between the perpetrators and victims of doxing, and the nature of the online platforms where doxing occurs. A sample of 2120 Hong Kong secondary school students of differing socioeconomic backgrounds participated in the study. The results show that almost all types of disclosed personal information result in negative feelings in victims, including depression, anxiety, and stress. Girls were also found to be more likely than boys to be doxed. Significant associations were found between emotional problems and the disclosure of mobile phone numbers and personal pho...

Research paper thumbnail of Leung Lai Kuen: An Apple Fell Down: A Study of the Apple-fication Phenomenon in Hong Kong Newspapers Industry

Research paper thumbnail of Leung Lai Kuen: An Apple Fell Down: A Study of the Apple-fication Phenomenon in Hong Kong Newspapers Industry

International Journal of Communication, Apr 18, 2007

Research paper thumbnail of The Development of Communications Law in Hong Kong SAR

The practice and survival of media freedom in Hong Kong have been a hot topic since the days of p... more The practice and survival of media freedom in Hong Kong have been a hot topic since the days of political handover in 1997. In addition to the exercise of media freedom in the form of free speech and political right, citizens also need to come to term with the growing impact of commercial entities on their rights as media consumers. To illustrate the above two particular challenges in Hong Kong, this article focuses on a citizen’s fight to run his own radio station, and the problems of consumer protection in the converged communications market. Discussion on these two different areas will enable one to better understand the dynamics of power and accountability among citizens, government and media conglomerates.

Research paper thumbnail of Liability of Internet Host Providers in Defamation Actions: From Gatekeepers to Identifiers

SSRN Electronic Journal, 2014

Internet intermediary liabilities in defamation actions have posed vexing legal problems in the n... more Internet intermediary liabilities in defamation actions have posed vexing legal problems in the new Internet social era of Web 2.0, especially when users can generate and spread their own content anonymously without being easily identified. In such an event, Internet intermediaries or Internet service providers (ISPs) can become defendants in defamation actions, the legal outcome of which is highly dependent on the roles they play in most jurisdictions, that is, whether the ISPs are categorised as content, access or host providers. 1 Amongst the three different types of intermediaries, host providers are in a legally nebulous position. Unlike content providers who are actively involved in contributing to the content of the disputed defamatory statement and should be liable in defamation actions, and unlike access providers, who only connect users to the Internet through a telecommunications network and thus should not be liable, host providers are caught in the middle. They have 'hosted' a website or provided a 

Research paper thumbnail of The Battle of Microblogging for Legal Justice in China

SSRN Electronic Journal, 2014

Microblogging has a special appeal not only to Internet users in China who are keen to voice thei... more Microblogging has a special appeal not only to Internet users in China who are keen to voice their opinions in a fast and easy way, but also to Chinese rulers who see microblogging sites as a giant magnetic field for them to tap into, to mold and to "supervise" public opinions. In fact, since the 1980s, "public opinion supervision" has been on the agenda of the Chinese Communist Party (the Party) by the People's Republic of China (China). It is a term specifically coined by the Party in the 1980s to describe the mobilization of citizen awareness and opinion by the media to check against the deleterious force in the state under the guidance of the Party. 1 In such process, the media plays an indispensable role as a state agent, acting between the authorities and the citizens. But by the time of the 21 st century, Web 2.0 has completely changed the above dynamics. Armed with the Internet, public opinion has evolved into a powerful

Research paper thumbnail of Constitutional and Legislative Provisions Governing the Use of Language in the Hong Kong SAR

SSRN Electronic Journal, 2010

By the year 2009, Hong Kong has been China’s Special Administrative Region (SAR) for more than a ... more By the year 2009, Hong Kong has been China’s Special Administrative Region (SAR) for more than a decade. To some, it must have sounded politically incorrect and utterly odd that Hong Kong is being referred as a "post-colony". Yet, it is exactly this hybrid identity of being Britain’s former colony and China’s present SAR that has presented and confronted the ruler and its subjects with complex issues of governance. Among the older generation of Hong Kong, lingering sentiments to the colonial good-old-days may well be alive. Even among the younger generation, allegiance to the new ruler may yet to take deeper roots. This tension, between the past and the present mirrors the hopes and fears of the local inhabitants, maybe best reflected in the adoption and usage of language in Hong Kong. Since the colonial days in 1845, English has long been perceived by the public as the language of power and success. Mastery of it endows one with an aura of elitism. This continues to hold true at the back of the minds of many despite the change in political sovereignty. Partly this can be attributed to the fact that English is being the most commonly used language among countries in the age of internationalization and globalization. More significantly, English has often been trumpeted by the ruling regime to be indispensable for Hong Kong’s role as a leading international financial centre, in which the rule of law is an essential fuel. In contrast, Chinese language pales off. It belongs to the vernacular, to the private. It is easily understandable that English is essential for international trade and commerce. But as to whether the maintenance of rule of law in Hong Kong must be carried out in English is, perhaps, a topic too controversial to be easily settled. One has to bear in mind the simple truth that Hong Kong is the only common law system in the world where Chinese is used as a legal language. Inevitably, this would pose unique and unprecedented challenge to all those who have interactions with the legal system, including all living in Hong Kong, parties in lawsuits, court interpreters, lawyers and judges. To capture the above interplay of social and legal forces behind the use of language in Hong Kong, this study focuses on studying the legal judgments concerning bilingual language policy in Hong Kong after July 1, 1997, the official date of the transfer of political sovereignty from British to Chinese governance. The study of the judicial voice is of particular importance as the Hong Kong judiciary is often praised to be the crown jewel of the British legacy. It is highly regarded as being impartial, independent, and authoritative. It is seen as the guardian of the rule of law in Hong Kong. Given this context, when litigants to lawsuits, civil servants, university students and lawyers take their cases to court in the name of language right, they have turned the court rooms into the ultimate arena to test the equal status of English and Chinese. Thus, in examining and analyzing judicial decisions on the use of language right and policy, one can find that in interpreting the laws governing bilingual adoption in Hong Kong, judges have shaped, regulated and organized Hong Kong society and its subjects for easy and convenient governance. Indirectly and unconsciously, judges have also contributed to the consolidation and maintenance of English to be the genuine, elite and legal language. Through an analysis of various judgments, this paper argues that despite the popular use of Chinese in the community and in the court room, it is a language largely used to serve the functional purpose of easy governance. When it comes to priority of the powerful, authoritative and governing voice, English is still paramount. In particular, when law speaks, when judges speak, it must be pure, preferably in English.

Research paper thumbnail of Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

SSRN Electronic Journal, 2012

Research paper thumbnail of Hanging in a Balance: Freedom of Expression and Religion

When the liberty to freely express oneself is at odds with another's right to freedom of religion... more When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom of religion, thus it is uncertain whether it entails the right to have one's religious faith and symbols protected from insult. The unsettled boundaries of dispute arising from the clash between two fundamental rights have led to bitter tensions between freedom of expression and concerns to protect and respect religious sentiments. Religious communities feel outraged that their religious beliefs and sacred symbols are mocked, insulted, attacked or vilified. Aggrieved believers argue that "respect" for religious beliefs and symbols is fundamental to, and part and parcel of, the right of freedom of religion and that freedom of expression, although equally fundamental, is not without its limits. On the other hand, the authors and creators of these controversial works argue that any law seeking to restrict their works amounts to a violation of the sacrosanct right of freedom of expression, which is the bedrock of any democratic society.

Research paper thumbnail of An Overview of Internet Regulation in China

SSRN Electronic Journal, 2013

Research paper thumbnail of Open eGovernance Index Country Report: Hong Kong

Research paper thumbnail of Title Judicial Independence and the Rule of Law in Hong Kong

Since Hong Kong became a Special Administrative Region of China in 1997, there has been continual... more Since Hong Kong became a Special Administrative Region of China in 1997, there has been continual debate on the extent to which the rule of law can be maintained in Hong Kong. Much of this debate has focused upon the judiciary and the importance of maintaining its independence, both from the national and local governments. The role of the judiciary is especially significant in Hong Kong because there is no elected government and only part of the legislature is elected from geographic constituencies. Thus, the burden of checking the abuse of government power in Hong Kong will frequently fall upon the courts. This judicial role became particularly controversial during the "right of abode" cases, in which the Hong Kong Court of Final Appeal (CFA) initially ruled against the Hong Kong government on the question of how to interpret Articles 22 and 24 of the Basic Law. Unwilling to accept the judgment, the Hong Kong government made the much criticised (at least by the legal community) move of seeking a different "interpretation" of Articles 22 and 24 from the Standing Committee of the National People's Congress (NPCSC). Although there is no doubt that the NPCSC had the power to issue an interpretation (under Article 158 of the Basic Law), it was widely hoped that this power would be exercised very rarely and only when a case was actually referred to the NPCSC by the CFA. Indeed, it was not at all clear that the Hong Kong government had the power to seek an interpretation from the NPCSC on its own. Nonetheless, the NPCSC granted the Hong Kong government's request and issued the requested interpretation on 26 June 1999, essentially overruling the CFA's interpretation for the purpose of subsequent cases.' Given the explicit language of Article 158, the CFA had little choice but to follow the new interpretation, which it did in the case of Lau Kongyung and Others v Director of Immigration, decided on 3 December 1999. The entire saga was viewed, by many commentators, as an attack on the authority of the Hong Kong courts. It may also be viewed as a deliberate attempt by the government to discourage the CFA from ruling against the government in sensitive cases. However, others criticised the Hong Kong CFA arguing that it erred in refusing to seek an interpretation from the NPCSC in the first place.

Research paper thumbnail of The Ultimate Test of Fidelity: Judicial Responses to Civil Disobedience in Hong Kong and Taiwan

Democracy and Rule of Law in China’s Shadow

Research paper thumbnail of Internet governance and responsibility of internet service providers

Research paper thumbnail of A Study of Cyber-Violence and Internet Service Providers' Liability: Lessons from China

I. INTRODUCTIONCyberspace has been likened by many to be the "wild West,"1 difficult to... more I. INTRODUCTIONCyberspace has been likened by many to be the "wild West,"1 difficult to tame and unruly. Yet the great firewall of the Government of the People's Republic of China ["China"] has pinned down and filtered many freewheeling minds and spirits.2 When we are confronted with the Orwellian nightmare of the Big Brother overseeing us, many overlook the fact that we have become Little Brothers monitoring each others' behaviour. With the rise of blogs, discussion boards, and Youtube, we may become targets of false allegations or have our movements and gestures captured by modern technology at any moment to be broadcast on the Internet for millions to watch and to criticize. The use of the Internet by private citizens to achieve social shaming, monitoring and ostracism, or for private revenge is gaining prominence in China.The year 2007 brought several Internet scandals in China touching on defamation and privacy. These included a Peking University fem...

Research paper thumbnail of Title Legal Traditions of the World

Research paper thumbnail of Doxing and the Challenge to Legal Regulation: When Personal Data Become a Weapon

The Emerald International Handbook of Technology Facilitated Violence and Abuse

Doxing refers to the intentional public release by a third party of personal data without consent... more Doxing refers to the intentional public release by a third party of personal data without consent, often with the intent to humiliate, intimidate, harass, or punish the individual concerned. Intuitively, it is tempting to condemn doxing as a crude form of cyber violence that weaponizes personal data. When it is used as a strategy of resistance by the powerless to hold the powerful accountable, however, a more nuanced understanding is called for. This chapter focuses on the doxing phenomenon in Hong Kong, where doxing incidents against police officers and their family members have skyrocketed since 2019 (a 75-fold increase over 2018). It contends that doxing for political purposes is closely related to digital vigilantism, signifying a loss of confidence in the ruling authority and a yearning for an alternative form of justice. The chapter therefore argues that public interest should be recognized as a legal defense in doxing cases when those discharging or entrusted with public duty are the targets. Equally, it is important to confine the categories of personal data disclosed to information necessary to reveal the alleged wrongdoer or wrongdoing. Only in this way can a fair balance be struck between privacy, freedom of expression, and public interest.

Research paper thumbnail of Self-Censorship and the Struggle for Press Freedom in Hong Kong

... fields. Keywords: Hong Kong, China, Taiwan, self-censorship, press freedom, freedom of expres... more ... fields. Keywords: Hong Kong, China, Taiwan, self-censorship, press freedom, freedom of expression. Accepted Paper Series. Date posted: September 28, 2010 ; Last revised: September 28, 2010. Suggested Citation. Cheung ...

Research paper thumbnail of Rethinking Public Privacy in the Internet Era: A Study of Virtual Persecution by the Internet Crowd

Journal of Media Law

... 5 See Whitman (n 3). 6 See discussion in Geoffrey Robertson and Andrew Nicol, Media Law (Peng... more ... 5 See Whitman (n 3). 6 See discussion in Geoffrey Robertson and Andrew Nicol, Media Law (Penguin, 2002) ch 5. 7 See Whitman (n 3). 8 A successful example is OhmyNews, a Korean online newspaper with the motto 'Every Citizen is a Reporter'. ...

Research paper thumbnail of Doxing: What Adolescents Look for and Their Intentions

International Journal of Environmental Research and Public Health

Doxing is a form of cyberbullying in which personal information on others is sought and released,... more Doxing is a form of cyberbullying in which personal information on others is sought and released, thereby violating their privacy and facilitating further harassment. This study examined adolescents’ doxing participation using a representative sample of 2120 Hong Kong secondary school students. Just over one in 10 had engaged in doxing, and doxing behavior significantly increased the probability of disclosing personal information on others (odds ratio ranged between 2.705 and 5.181). Social and hostile doxing were the two most common forms of doxing. Girls were significantly more likely to conduct social doxing (χ2 = 11.84, p < 0.001), where their target was to obtain social information (χ2 = 4.79, p = 0.029), whereas boys were more likely to engage in hostile doxing aimed at obtaining personally identifiable information (χ2 = 4.31, p = 0.038) and information on others’ current living situations (χ2 = 4.17, p = 0.041). Students who had perpetrated doxing acts were more likely to ...

Research paper thumbnail of Doxing Victimization and Emotional Problems among Secondary School Students in Hong Kong

International Journal of Environmental Research and Public Health

Doxing is the searching for and intentional disclosure of private information about a particular ... more Doxing is the searching for and intentional disclosure of private information about a particular individual on the Internet without his or her consent, and is often used to exact punishment. The aim of this study was to investigate the associations between doxing victimization and emotional problems in secondary school students, paying particular regard to the impacts of different types of doxed information, the relationship between the perpetrators and victims of doxing, and the nature of the online platforms where doxing occurs. A sample of 2120 Hong Kong secondary school students of differing socioeconomic backgrounds participated in the study. The results show that almost all types of disclosed personal information result in negative feelings in victims, including depression, anxiety, and stress. Girls were also found to be more likely than boys to be doxed. Significant associations were found between emotional problems and the disclosure of mobile phone numbers and personal pho...