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Following is the transcript of the Secretary for Commerce, Industry and Technology (SCIT), Mr Joseph WP Wong, speaking to the media today (December 19) about the public consultation on copyright protection in the digital environment:
SCIT: The issue of the consultation paper today represents the second phase of our review of the Copyright Ordinance following the introduction of the Copyright (Amendment) Bill in March this year and we hope, of course, the Copyright (Amendment) Bill will be passed in the Legislative Council in this session.
The purpose of the review is to consider how we can better protect copyright in the Internet given the advance in Internet services and the advance in communications technology. We appreciate that it is a complex exercise, because we have to balance the interest of the copyright owners on the one hand, and on the other hand the concerns of individual users, in terms of their use of Internet service, in terms of their privacy, and also the interest of Hong Kong, to ensure that we continue to provide a very efficient and a very comprehensive Internet service.
The consultation paper covers essentially six areas. First, whether we should expand the present scope of criminal sanction to cover unauthorised download activities using the peer-to-peer technology. Second, whether we should expand copyright protection to cover all forms of communication technology. Third, whether we should provide assistance to copyright owners so that they can identify the copyright infringers more easily. For example, should we mandate the Internet Assess Service Providers to keep records of all online activities? Four, whether we should introduce a specific mechanism for online service providers to remove or block access to the infringing materials found on their service platforms. Five, whether we should introduce, what other places have, what we call statutory damages so as to alleviate the burden of copyright owners in substantiating their claim for damages in the criminal and infringement proceedings; and finally, whether we should provide exemptions or specific exemptions on temporary reproduction of copyright works in our Copyright Ordinance, for example, to cover caching activities undertaken by online service providers.
These are very complicated issues. They will require very broad discussions. We hope at the end of the day, we can reach a broad consensus in the community so that we can take the matter forward, in a combination, perhaps, of legislation, as well as some arrangements, whether it is mandatory or voluntary, with our communications sector, so that Hong Kong continues to be on par with other jurisdictions in providing adequate copyright protection for copyright owners in keeping with advances in technology and Internet services.
Reporter: Two points. First of all, the Government protects one thing and restricts something else. So first of all, are you not concerned that this will be perceived as interfering with the free flow of information, which is extremely important to Hong Kong? Secondly, what confidence do you have that this which is a very tricky and wide-range proposal, would be any, let say.... what happened the last time that the Copyright Amendment Ordinance required special legislation in order to correct it?
SCIT: What's the second question again?
Reporter: You remember the last time the Copyright Amendment Ordinance came, and we required interim legislation so the Legco could fix what was wrong with it. So, are you at risk of having a bigger problem this time?
SCIT: The first question you asked is absolutely no connection between this consultation paper and any suggestion that what we proposed to do has any way to do with restricting, or inhibiting the flow of information, which in fact is vitally important, also in my view, a valuable asset of Hong Kong as a world city and as an international centre of commerce. I also add that this consultation paper presents various options. The Government, at the moment, has an absolutely open mind on what position we take. We would like to consider all views, and then we would like the community to reach a broad consensus on what we do. In a way, this really answers your second question. We think these are the issues which face us. These are issues which are also facing various countries and jurisdictions in the world. They are doing something about it. In the paper, we have also set out what things they are doing. We therefore do not want to duck the issue. We want to present the issue in its total context. We set what the others are doing; we set out the possible options; we set out all the relevant considerations, and we would like an informed debate on this very complicated issue so that the Government can take the matter forward.
Reporter: If you have a completely open-mind, Secretary, why did you say that you hope at the end, you will have a combination of voluntarism and legislation?
SCIT: That of course is my hope. Hope of course is something which represents the Government's vision that we should continue to include our copyright protection in order that Hong Kong will continue to be at the forefront of copyright protection. That is absolutely right and legitimate.
Reporter: If you require the ISPs to keep a record of every single uploading and downloading people made via their computers, surely there will be an invasion of privacy ...
SCIT: This may be the comments which may come forward during the consultation exercise. I have already explained clearly in the beginning that we are not putting forward a government proposal in any specific form. What we are putting forward is a consultation paper which sets out the possible options and we believe we have obligation to explain the rationale behind these options. We know this will get comments. This is fine by us because we want to hear comments from different sectors, from different interest groups, from individual users, from copyright owners. And see whether or not, in the face of all these comments, and through a wide ranging informed debates, we can reach a broad consensus and move the way forward.
(Please also refer to the Chinese portion of the transcript.)
Ends/Tuesday, December 19, 2006
Issued at HKT 20:39
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