Survey: Hong Kong laws contribute to decline in media freedom

Press freedom in Hong Kong is at its lowest level in at least 11 years, according to the latest survey of its members and the public by the Hong Kong Journalists Association.
One of the biggest factors in that decline is the introduction this year of Article 23, which penalizes anything deemed as sedition or external interference, the association, known as the HKJA, found.
The law has “more severe restrictions on media” than previously existed, Selina Cheng, chair of the HKJA, told VOA. It includes substantially tougher penalties for sedition, which Cheng described as “the main legislation that’s been used against speech and media work” since the implementation of a new National Security Law in 2020.
The findings are part of an annual survey by the HKJA in conjunction with the Hong Kong Public Opinion Research Institute. The journalists association sent surveys to 979 members, and the research institute collected opinions from 1,000 phone interviews, selected at random.
Both groups surveyed were asked to rank press freedom in Hong Kong. The 250 journalists who responded to the survey ranked it at 25 out of 100, with 100 being a perfect score. It is the lowest ranking since the annual survey was started 11 years ago. The public score came in at 42.
The survey findings came the same week that Hong Kong denied a work visa to journalist Haze Fan. The reporter for Bloomberg News was detained in Beijing on alleged national security violations in December 2020 and held for about 13 months. Bloomberg has said Fan will be transferred to its London office.
In the HKJA survey, 92% of the journalists who responded to the survey indicated press freedom had “significantly” been impacted by the Safeguarding National Security Ordinance, known as Article 23.
Passed in March, it prohibits acts of treason, secession, sedition, subversion and theft of state secrets, and prevents foreign political organizations from conducting activities or establishing ties with local political bodies in Hong Kong.
Penalties for sedition under the new law increased from two to seven years, or 10 years if a foreign force is involved.
Authorities have insisted that journalists are safe to carry out what they call “legitimate” reporting activities. But critics say the vaguely worded legislation creates uncertainty for journalists.
Cheng said the law’s reference to state secrets is wide, too, which could be a concern.
The law is using Beijing’s definition of state secrets, according to Human Rights Watch.
Under Article 23, what is deemed a state secret “encompasses [a] pretty wide spectrum of things, including information about economy, technology, society, so on,” Cheng said.
“It could be that the government considers the findings of a think tank or an academic institution a state secret, then that would become a crime of national security,” she said.
China’s Ministry of Foreign Affairs responded to the HKJA findings, saying Hong Kong’s national security laws are not meant to target journalists who do not break the law.
Cheng noted that only about a quarter of HKJA members responded to the survey this year, which could be a sign of how the media environment is declining.
“The response rate is not great and is a reflection of the sort of self-censorship even when it comes to discussing or reflecting reporters’ views on press freedom,” she told VOA.
“At some organizations that might be seen as more pro-Beijing or pro-government reporters, the contact people we have at those organizations will worry if they might face retaliation if they send out [the] HKJA questionnaire. I think people are scared to do it, because they’re afraid of retaliation,” she said.
Cheng believes she personally was retaliated against for her association with the HKJA. Her contract at The Wall Street Journal, where she covered the auto and electric vehicle industry, was terminated in July, in a move she said is connected to her being elected chair of the HKJA.
In a statement issued at the time, Cheng said she had been told by her supervisor that having Journal employees advocate for media freedoms would create conflicts of interest because the newspaper reports on related topics, including the ongoing trials of Hong Kong journalists and media organizations.
The Journal confirmed to VOA at the time that personnel changes had been made but said it could not comment on “specific individuals.”
Journalists also highlighted overt calls for journalists to use caution in their reporting.
In a note to columnists at the pro-Beijing Ming Pao newspaper, chief editor Lau Chung-yung urged people to be “prudent” and “law abiding” in their writing. His note was posted on social media on August 15 by one of the paper’s columnists.
Eric Wishart, the standards and ethics editor at Agence France-Presse in Hong Kong, says such comments concern journalists.
The Ming Pao note, he said, “is another example of the chilling effect that recent developments have had on journalism in Hong Kong.”
Johan Nylander, a Swedish journalist in Hong Kong, said it is no surprise that press freedom is at a new low.
“The national security law and Article 23 have created an atmosphere of uncertainty and self-censorship among many reporters and media companies,” he told VOA.
“It’s quite clear where the trend is going. The situation regarding press freedom is very depressing in Hong Kong, and nothing indicates that it will get better anytime soon.”
Media groups such as the HKJA have been criticized by authorities and Chinese state media for allegedly having links to activist organizations.
But Wishart said it was important for the HKJA to continue.
“It’s important that the HKJA and other organizations continue to monitor the state of press freedom in Hong Kong and that media professionals continue to respond to these surveys,” he said.
Hong Kong’s ranking on the World Press Freedom Index has declined rapidly since the national security law was enacted in 2020.
It currently ranks 135 out of 180 on the Reporters Without Borders index, where number 1 represents the best environment. In 2019, the year before the national security law took effect, Hong Kong ranked 73.