Cybercrime
My Wayward Girlfriend’s Punishment
Case in Brief:
Yee, an unruly girlfriend, is used to scolding her boyfriend whenever she likes. But she did not expect her practice to become an Internet sensation, and did not expect the fierce criticism and teasing that she received. Yee was deeply upset by the incident and set up a group on a social network, asking others to join her to commit suicide…
Offences discussed
Q & A
Does revealing the identities of other people online break the law?
This may be in breach of the Data Protection Principles under the Personal Data (Privacy) Ordinance (Cap. 486). If the person affected believes that his/her data privacy rights have been infringed, he/she may lodge a complaint with the Office of the Privacy Commissioner for Personal Data (PCPD). For more details, please click here.
Is it a crime to edit pictures in order to satirize someone, or to use false statements to smear or make fun of others?
This may amount to defamation. However, defamation is not a criminal offence. But the person aggrieved (who is being insulted or made fun of) may bring a civil action for defamation against the wrongdoers and seek remedies from them.
Can the victim ask the Internet supplier to disclose the real identity of the people who left the defamatory messages so that he/she can take legal action against them? If the police make the same request, does the Internet supplier need to comply with the police request?
The victim may apply to the court to seek discovery from the Internet service provider (ISP) for the name, HK identity card number and address of the sender of the information. The court will decide whether or not to allow the discovery, based on the merits of the complaint’s case. There must be evidence that it is right for the court to make an order for discovery in all the circumstances of the particular case.
If the police is exercising its statutory power to request information from an ISP (e.g. by way of a search warrant), the ISP must comply with the request unless it takes the matter to court and successfully resists the request.
Can the victim ask the Internet supplier to disclose the real identity of the people who left the defamatory messages so that he/she can take legal action against them? If the police make the same request, does the Internet supplier need to comply with the police request?
Yes. Under Section 33B(1) of the Offences Against the Person Ordinance (Chapter 212), a person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, commits a crime. If convicted, the person is liable to imprisonment for 14 years.