Defamation and Online Harassment Laws in Hong Kong

The Basic Law keeps the common law that applied in Hong Kong before 1997, so the core rules of libel and slander come from case law. The Defamation Ordinance (Cap. 21) adds statutory rules on topics such as apologies, offers of amends, justification, fair comment and when slander can be sued on without proof of financial loss.

Sources1Basic Law of the Hong Kong SAR, Article 82Defamation Ordinance (Cap. 21)

Most defamation disputes in Hong Kong are civil claims for damages. However, section 5 of the Defamation Ordinance makes it an offence to maliciously publish a defamatory libel while knowing it is false, with a penalty of 2 years' imprisonment plus any fine the court sets.

Source2Defamation Ordinance (Cap. 21), s. 5

The Limitation Ordinance does not set a special, shorter deadline for defamation. Libel and slander are torts, so the general rule applies: an action founded on tort cannot be brought after 6 years from the date the cause of action accrued.

Source3Limitation Ordinance (Cap. 347), s. 4(1)(a)

Some spoken statements can be sued on without proving financial loss. Under the Defamation Ordinance, this covers words likely to disparage someone in their office, profession, calling, trade or business, and spoken words that impute unchastity or adultery to a woman or girl.

Source2Defamation Ordinance (Cap. 21), ss. 21 and 23

A defendant who apologised, or offered to apologise, before the case began (or as soon as possible afterwards) can use that apology as evidence to reduce damages, provided written notice is given to the claimant a reasonable time before trial. A person who published words innocently can also make an offer of amends; if the offer is accepted and carried out, the claimant cannot start or continue a libel or slander action against that person over that publication.

Source2Defamation Ordinance (Cap. 21), ss. 3 and 25

Defences include justification (truth), fair comment and privilege, including statutory privilege for certain newspaper reports. The Ordinance eases the first two: justification does not fail only because every charge is not proved true, and fair comment does not fail only because every fact behind the opinion is not proved, as long as the rest is enough to support it.

Source2Defamation Ordinance (Cap. 21), ss. 13, 14, 26 and 27

Section 24 of the Crimes Ordinance makes it an offence to threaten someone with injury to their person, reputation or property, or with an illegal act, when the aim is to alarm them or to pressure them into doing something they are not legally bound to do or into not doing something they are entitled to do.

Source4Crimes Ordinance (Cap. 200), s. 24

Since amendments made in 2021, disclosing someone's personal data without their consent, with intent to cause, or recklessness about causing, harm to them or their family (such as harassment, intimidation, bodily or psychological harm, or property damage) is an offence under the Personal Data (Privacy) Ordinance. The basic offence carries up to 2 years' imprisonment and a level 6 fine; if the disclosure actually causes such harm, the maximum is 5 years and a HK$1,000,000 fine. The Privacy Commissioner can also serve cessation notices directing that doxxing messages be removed or access to them restricted.

Sources5Personal Data (Privacy) Ordinance (Cap. 486), s. 64(3A)-(3D) and (6)6Personal Data (Privacy) Ordinance (Cap. 486), s. 66L7Personal Data (Privacy) Ordinance (Cap. 486), s. 66M

Since October 2021, publishing or threatening to publish an intimate image of someone without their consent, intending or being reckless about causing them humiliation, alarm or distress, has been an offence punishable by up to 5 years' imprisonment. It does not matter whether the image was made with consent or was given to the offender by the person shown. During related criminal proceedings, a magistrate can, on the prosecution's application, order a person to take reasonable steps to remove, delete or destroy the image.

Sources8Crimes Ordinance (Cap. 200), s. 159AAE9Crimes Ordinance (Cap. 200), s. 159AAL