Journalists to be exempt from protest song ban if injunction passes

Journalists will still be allowed to report news related to the controversial protest song Glory to Hong Kong, as well as play the song in news reports and commentaries even if the government wins the injunction application to ban it at a court hearing this Friday (21 July), according to the Hong Kong Journalists Association (HKJA).

According to its official statement, the HKJA said that the Department of Justice (DoJ) informed the court that it agreed to an HKJA proposal to include an express exemption for journalistic activity if its injunction application is to be granted. Under the agreement, journalists will be exempt from prohibition and civil proceedings in relation to the song in news reporting and in publications which make observations about it in news and current affairs in or outside Hong Kong. 

The court order does not prohibit any lawful acts which are done in or outside Hong Kong for the purpose of news activity which means any journalistic activity and includes gathering of news, preparation or compiling of articles, programmes or other publications concerning news, or observations on news or current affairs, for the purpose of dissemination to the public, or the dissemination to the public of any article or programme or other publication of or concerning news; or observations on news or current affairs.

The HKJA welcomes the government’s agreement to the proposal as this provides protection for the freedom of the press and the freedom of speech in clear terms, both of which are guaranteed constitutional rights in Hong Kong. Relying on the government’s promise to include the agreement in the injunction should it succeed, the HKJA has decided to hold off making its own application to the court upon the outcome of the case.

The HKJA said that the agreement protects journalists from civil liability in clear and unequivocal terms when they report, refer to and make observations about the Song and its various elements in the course of news gathering, interviews and in commentaries.

It also covers any publication of articles, programmes, or posts or tweets on online platforms done for news or current affairs purposes, as well as related journalistic activities done inside or outside Hong Kong. Logically, previously published news, interviews and current affairs articles involving the song should also be similarly protected, said the statement.

The HKJA stressed that it has no intention to publish or broadcast the song, nor to commit any act of sedition, secession or to insult the national anthem.

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Back in June, The DoJ applied to the court for injunction and interim injunction to prohibit four items of unlawful acts relating to the song, seeking to ban the broadcasting, performing, printing, publishing, selling, offering for sale, distributing, disseminating, displaying or reproducing in any way including on the internet and any media accessible online of the song.

Photo credit: YouTube channel @Smile Computer Corporation

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