When copyrights meet human rights: "Cyberspace Article 23" and Hong Kong's copyright protection in the digital era

Hong Kong's current Copyright Bill has been criticised as a "Cyberspace Article 23". There is a fear that its introduction would hamper freedom of speech, because its all-embracing and exclusive right of communication to copyright holders leaves no room for satire or parody of copyright works. With reference to domestic and international jurisprudence, this article argues that the apparent conflict between copyright and freedom of speech is misleading because copyright's protection of the expression of ideas forms an essential part of freedom of speech. The article argues that Hong Kong's model is very unique, contrary to public perception: the Bill not only accommodates various individual rights, but also combines statutory law with a non-statutory Code of Practice to define Online Service Providers' liability through its "one regime two systems" framework. The Hong Kong model provides insight for other jurisdictions for balancing conflicting interests in adapting copyright protection to the digital era.