Bad Luck on the Internet
Sally likes to shop online and surf around but she seems to be having bad luck. She bought counterfeit product and was cheated by a fake online bidding post. Even making comments on other posts seems to get her into trouble. Is Sally a victim of various crimes?
The Invisible Thief
Andy is a Computer Science student who likes to study hacking and computer security. One day, he hacked into a company’s computer system, deleted some contents from the company’s website, and copied some clients’ information. What will he do with those clients’ information?
The Teacher’s Password
Chi Ming, a Form 3 student, has got hold of his teacher’s (Mr. Leung) intranet password by accident. What will Chi Ming do with the password?
Jilted Lover’s bomb
Hoi suspected that his girlfriend was having an affair with someone else. By correctly guessing the password for his girlfriend’s email account, he managed to log in to his girlfriend’s email account and found out the cruel truth. Hoi decided to take revenge…
Illegal e-Life
Him works in a hospital and has a boring life. He likes to download and upload pop music, movies and TV programmes to share with others on the Internet. Him never intended to share the hospital patient’s information with others, but he did it by accident.
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…
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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.
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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.
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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.
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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.