Key online safety measures and status
 

Key online safety measures

Status

Additional commentary regarding status

Control of Obscene and Indecent Articles Ordinance (COIAO) >

Law

The COIAO explicitly prohibits publishing an indecent article to a juvenile (ie, a person under the age of 18 years). It regulates both traditional media and information on the Internet.

Prevention of Child Pornography Ordinance (PCPO) >

Law

The PCPO prohibits the publication of child pornography. "Publish" includes making any message or data available through any means of electronic transmission. "Child" means a person under the age of 16.

Crimes Ordinance (CO) >

Law

The CO criminalises the procurement or offer of persons under 18 for making pornography, or for a live pornographic performance, as well as the publication of images originating from the commission of unlawful recording of intimate parts and publication of intimate images without consent.

Personal Data (Privacy) Ordinance (PDPO) >

Law

The PDPO criminalises doxxing, ie the gathering of the personal data of target person(s) or related person(s) through online search engines, social platforms and discussion forums, public registers, anonymous reports, etc., and disclosure of the personal data on the internet, social media or other open platforms (such as public places).


  Key concepts

   Scope of online safety measure(s)

Per the Interpretation and General Clauses Ordinance, a "person" includes any public body and any body of persons, corporate or unincorporated.  Therefore, the Online Safety Measure(s) apply to a broad range of online platforms.


   Online harms addressed

  • The COIAO, the PCPO and the CO regulate the distribution of indecent content, child pornography and pornography involving persons under 18.
  • The PDPO addresses doxxing acts with intent to gain in money or property or to cause loss in money or property to the data subject, or has an intent to or is being reckless as to whether any specified harm would be, or would likely be, caused to the data subject or any family member of the data subject.

   Territorial scope

  • No extra-territorial scope for the Online Safety Measures under COIAO, PCPO and CO.
  • The anti-doxxing provisions under the PDPO empowers the Privacy Commissioner to serve cessation notices on service providers, requesting the removal of doxxing messages. These notices may be served on non-Hong Kong service providers.

   Penalties and enforcement

  • Penalties in connection with the COIAO, the PCPO and the CO include fines and imprisonment. Under the PCPO, enforcement action also includes the seizure and forfeiture of obscene materials or child pornography materials.
  • Penalties for doxxing under the PDPO include fines and imprisonment.


  Key takeaways
 

No legislation targeting online harm or online service/platform providers by requiring them to (i) prevent children from accessing harmful and age-inappropriate content; (ii) be more transparent about which kinds of potentially harmful content they allow; or (iii) give people more control over the types of content they want to see.

Hong Kong legislations mainly (i) prohibit publication of indecent articles and child pornographic contents both online and through traditional means; and (ii) criminalises doxxing acts.


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