Internet intermediaries : The liability for defamatory postings in China and Hong Kong

Research output: Journal Publications and Reviews (RGC: 21, 22, 62)21_Publication in refereed journalpeer-review

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Original languageEnglish
Pages (from-to)274-281
Journal / PublicationComputer Law and Security Review
Volume29
Issue number3
Publication statusPublished - Jun 2013

Abstract

The debate between protecting the freedom of expression on the one hand and the right to an individual privacy on the other is not new. Certainly with the introduction of the Internet, the debate has moved onto a whole new level. While no-one disputes that the Internet has significantly transformed lives by allowing netizens to create, share, and communicate within the global village, the Internet has also provided the means to publish and disseminate false information and derogatory remarks callously and expediently. The aim of this paper is to provide a brief comparative study of the approaches in China and in Hong Kong with respect to Internet intermediary liability for defamatory postings and whether the approaches taken provide the necessary balance between the right of free expression and the right to protect one's reputation. The paper starts by dealing with the position in China pre and post Tort Liability Law. The paper then continues by examining the position in Hong Kong focusing particularly on the recent Court of Appeal decision in Oriental Press Group Ltd v Fevaworks Solutions Ltd. In comparing the position in China and Hong Kong, the paper provides a conclusion as a possible way forward for Internet intermediary liability in China and Hong Kong. © 2013 Rebecca Ong. Published by Elsevier Ltd. All rights reserved.

Research Area(s)

  • Liability of intermediaries, Online defamation China & Hong Kong, Oriental press v Fevaworks, Yin Hong v Baidu