Injunction Against Violent Online Messages Extended

The High Court on Friday extended a controversial injunction barring online comments that incite violence, dismissing a challenge from the Internet Society of Hong Kong, which argued that the order was unconstitutional and ineffective.

The court had on October 31 granted the interim injunction which covers both internet forums and web-based platforms, including the LIHKG forum and Telegram app favoured by anti-government protesters.

Any message that is posted or spread encouraging violence likely to cause injury to person or property is prohibited under the court order.

However, The Internet Society of Hong Kong, sought in a hearing on Friday to convince the court to terminate the injunction.

Senior counsel Nigel Kat, for the group, said it had disproportionately affected people’s fundamental, and legally-protected right to free speech, and has resulted in an ‘extreme’ chilling effect online.

He also argued that the injunction was unnecessary, as groups discussing the anti-government protests will keep popping up, regardless of whether the court order in in place. Kat also noted that the police have been effective in arresting people for incitement on online platforms and for doxxing, even without the order.

However, senior counsel Victor Dawes, for the government argued that online messages have had an actual impact on violent acts that have been carried out in reality.

He noted that an arson attack on Sha Tin Court on Wednesday, for example, came after messages promoting such action were posted online.

Mr Justice Russell Coleman sided with the government, deciding to extend the injunction with minor changes to specific words for greater clarity.