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How court rulings in Hong Kong and Australia threaten the global internet

Censorship about gods and kings, tech takedowns, and more are on the radar in this latest edition.
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WATCH VIDEO: Hong Kong, Australia, Saudi Arabia, Thailand, and Lebanon are among the many countries clamping down on free speech in recent months.

How court rulings in Hong Kong and Australia threaten the global internet

This year, FIRElaunched the Free Speech Dispatch, a regular series covering new and continuing censorship trends and challenges around the world. Our goal is to help readers better understand the global context of free expression. The previous entry addressed a series of troubling censorship allegations across Europe, extensive online restrictions in China, and Iran鈥檚 campaign against its critics. Today, we鈥檒l look at the global implications of online censorship in Hong Kong and Australia, a flurry of blasphemy and l猫se-majest茅 arrests, and more.


Hong Kong banned a protest anthem. How will global tech companies respond?

Protestors wear masks with Communist Party of China flag on a hand over their mouths
Pro-democracy protesters in Hong Kong on Dec. 22, 2019.

The outlook for free expression in Hong Kong has looked dire in recent years, and a new ruling further cements the city鈥檚 decline into deepening repression. Last week, a Hong Kong appeals court  a government request to ban the protest anthem 鈥淕lory to Hong Kong,鈥 reversing a previous ruling from a lower court. Three appellate judges called the song a 鈥渨eapon鈥 against national security and  that an injunction was 鈥渘ecessary鈥 to pressure tech companies to take down recordings and adaptations of the song.

China鈥檚 foreign ministry spokesman Lin Jian also  the ruling was a 鈥渘ecessary move鈥 to fulfill Hong Kong鈥檚 鈥渃onstitutional responsibility of safeguarding national security and the dignity of the national anthem.鈥

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The implications for free expression in Hong Kong are deeply troubling, but what remains to be seen is what the ruling means for global tech companies 鈥 and for their users worldwide. 

As 果冻传媒app官方 has regularly documented, local speech restrictions have a tendency to morph into global censorship rules, especially on the internet. And such is the risk here. 

A day after the injunction鈥檚 , 鈥渟ome of the 32 YouTube videos that are explicitly targeted in the injunction were inaccessible for users worldwide, not just in Hong Kong,鈥 according to the . It鈥檚 unclear, however, whether the owners of the videos took them down or if it was YouTube itself. A later statement from YouTube  that though the company is 鈥渄isappointed鈥 by the ruling, it will comply and remove videos of the song within Hong Kong. 

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MIT Technology Review  that spokespeople from Google, which owns YouTube, and Meta offered little reply other than to suggest that they were reviewing the ruling. Apple and Spotify did not respond to requests for comment. International free expression group Article 19, however,  that tech companies previously 鈥渆nabled the injunction by signalling to Hong Kong authorities that they would comply with censorship orders if they were based on 鈥榣ocal laws.鈥欌 

A number of factors will determine how far this censorship extends. But even if Hong Kong officials only demand that platforms block the song within the city 鈥 which is far from certain 鈥 some companies may choose to block it completely rather than go through the trouble of blocking it based on a user鈥檚 geographic location (also known as . Or, perhaps, others will want to stay on the good side of authorities in Hong Kong or China by preemptively censoring on a larger scale than Hong Kong鈥檚 government can even legally demand, as some companies  to do so in similar situations. 

As the takedowns on YouTube show, the wave of censorship is already underway.

Australia attempts a worldwide takedown on X

Laptop with Australia flag code and digits on the screen

Speaking of local censorship dictating what鈥檚 allowed on the global internet, Australia is certainly trying its hand at setting the rules for everyone. Last month, the country鈥檚 eSafety Commissioner  the social media platform X, formerly known as Twitter, to remove video showing the stabbing of a bishop in a Sydney church. But the commissioner wasn鈥檛 satisfied when X geo-blocked the content within Australia, and instead sought 鈥 and initially obtained 鈥 a temporary court order from an Australian federal court blocking the video everywhere

The commissioner  that because Australians could utilize virtual private networks to access the videos despite the local ban, the platform must make them inaccessible to all users regardless of their location. 

FIRE, as well as the , moved to intervene in X鈥檚 challenge against the order. After all, the implications for free expression here are profound: The Australian eSafety Commissioner isn鈥檛 just attempting to overrule other countries鈥 legal protections for free expression, but also reinforcing an alarming precedent for authoritarian regimes that would seek to silence their critics on a global scale.

The battle over the video is still ongoing but early this week a federal court refused to extend the order against X, granting a temporary  for free expression. 

Thailand continues its attack on alleged critics of the crown

Tens of thousands of pro democracy people gather on Ratchapason Road in Bangkok, Thailand on Oct. 25, 2020, to address various social problems, including government work problems, and criticize the monarch
Thousands of pro-democracy people gather on Ratchapason Road in Bangkok, Thailand.

Thailand鈥檚 l猫se-majest茅 law, which bans insults to the country鈥檚 monarchy, has increasingly come under scrutiny from activists seeking reform in the country. Despite those efforts, charges and imprisonment under the law continue and officials are currently  the political party pushing for changes to the law. 

Since last month, Thai singer and TV personality Suthipongse 鈥楬eart鈥 Thatphithakkul was  on lese-majeste and Computer Crimes Act charges for Facebook posts perceived as criticizing the monarchy鈥檚 role in COVID vaccine rollouts. And multiple political figures have  against comedian Udom Taephanich for a joke about the late king鈥檚 philosophy of self-sufficiency. A  and a  were given years-long sentences under the royal insult law, too.

And even more tragic news broke this week with the death of political activist Netiporn 鈥淏ung鈥 Sanesangkhom, who suffered a fatal cardiac arrest after a 110-day partial hunger strike. She was  on two lese-majeste charges related to her involvement in public polls about the country鈥檚 royal family.

As always, it鈥檚 a difficult time for blasphemers

It鈥檚 tempting to think of blasphemy laws as relics of the past, but prosecutions, death sentences, and mob violence continue today against those accused of offending religious groups and figures. A slew of stories from recent weeks highlight just how serious a threat blasphemy laws and associated mob violence remain to free speech around the world:

  • In Bangladesh, a university student was  to five years in prison for blasphemous comments she posted on Facebook. Similarly, a man was  on blasphemy charges for social media posts. 
  • In Lebanon, the Supreme Islamic Shiite Council and a lawmaker in the country issued complaints against comedian and LGBT rights advocate Shaden Fakih on various blasphemy-related allegations over a  she posted about prayer. 
  • In Saudi Arabia, police  a man for making blasphemous remarks on X.
  • In Pakistan, a court sentenced a man to death for  blasphemy on social media.
  • In India, a 19-year-old man was  by a mob earlier this month after allegedly desecrating a Sikh holy text. His father reports that the victim was receiving treatment and suffered from mental illness. 

But not all of the news is bad. In a rare positive development, a Nigerian appeals court reduced the prison  of atheist Mubarak Bala from 24 years to 5. It鈥檚 a heartening improvement, even if Bala should face no sentence at all. Bala runs a humanist organization in Nigeria and was arrested in 2020 for criticizing Islam on social media. 

European countries restrict speech about Israel

As discussed in last month鈥檚 entry, European countries have fared poorly when it comes to speech rights and the Israeli-Palestinian conflict. 

According to reports, restrictions on speech about the conflict have popped up across Europe, posing serious threats to protesters鈥 and activists鈥 speech rights. Amnesty International researcher Julia Hall  hate speech and counterterrorism laws are being 鈥渨eaponized鈥 to censor speech that would otherwise be protected, though this concern about such deployment of  is not new. 

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Additionally, the Brussels-based European Civic Forum  that at least 12 European Union members 鈥渉ave taken disproportionate measures, including the pre-emptive banning of protests based on apparent risk to 鈥榩ublic order鈥 and 鈥榮ecurity,鈥欌 against pro-Palestinian expression.

Germany even went so far as to  foreign languages at Berlin pro-Palestinian protests. (And then the University of Texas at San Antonio was soon after  of enforcing a similar restriction on student protesters in late April. FIREhas since sent two letters to the university about its alleged unconstitutional ban on, among other things, speaking in Arabic, and awaits UTSA鈥檚 response.) 

Restrictions on and controversies over speech about the Israeli-Palestinian conflict are unlikely to disappear anytime soon. Stay tuned for future installments of the Free Speech Dispatch for the latest developments. 

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