Scenario in HK

Special Issues and Limitations

Undoubtedly, case law on Internet defamation in Hong Kong is lacking, so cases decided in other jurisdictions are much relied on e.g. the UK case of Totalise Plc. V. Motley Fool Ltd. & Another, the UK case of Berezovsky v. Michaels & Others. Problems may arise in view of the borderless nature of Internet communications, and differences in the law of defamation among countries. Taking the case of Esilkroad v. Icered.com as example, if the court took the US position, disclosure of information about anonymous defendant may not be allowed. So one important issue that needs second thought by the HK government or the law reformers is what country and what decision to follow is most relevant and appropriate in events that we don't have the relevant laws.

Also, as said above, the recent alleged defamatory email messages do warn us the urgency for improvement on the defamation law related to the Internet and education of the laws and liabilities to the public including ISPs and netizens.