Voice of America (VOA) reported that press freedom in Hong Kong has dropped to its lowest point in at least 11 years, according to a recent survey by the Hong Kong Journalists Association (HKJA). The survey attributes this decline largely to the implementation of Article 23 this year, which imposes penalties for actions considered as sedition or external interference.
Selina Cheng, chair of the HKJA, stated that the law imposes “more severe restrictions on media” compared to those in place before.
The law introduces significantly harsher penalties for sedition, which Cheng noted as “the main legislation that’s been used against speech and media work” since the introduction of the National Security Law in 2020. These findings come from an annual survey conducted by the HKJA in partnership with the Hong Kong Public Opinion Research Institute, according to VOA. The HKJA distributed surveys to 979 members, while the research institute gathered responses through 1,000 random phone interviews.
Both groups surveyed were asked to grade press freedom in Hong Kong. Of the 250 journalists who participated, the rating was 25 out of 100, where 100 represents perfect freedom. This is the lowest score recorded since the survey began 11 years ago. The public’s rating was slightly higher at 42. The survey results were released in the same week Hong Kong denied a work visa to journalist Haze Fan.
The survey revealed that 92% of the journalists felt that press freedom had been “significantly” affected by the Safeguarding National Security Ordinance, also known as Article 23. Enacted in March, this law criminalises acts of treason, secession, sedition, subversion, and theft of state secrets, and bans foreign political groups from engaging with local political entities in Hong Kong. Under the new law, penalties for sedition have been increased from two to seven years, or up to ten years if a foreign force is involved.
Authorities have assured that journalists can safely conduct what they describe as “legitimate” reporting activities. However, critics argue that the vaguely defined legislation introduces uncertainty for journalists, according to VOA.
Cheng expressed concern about the law’s broad definition of state secrets, which follows Beijing’s interpretation, according to Human Rights Watch. Under Article 23, what is classified as a state secret “encompasses [a] pretty wide spectrum of things, including information about the economy, technology, society, and 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 survey by asserting that Hong Kong’s national security laws are not intended to target journalists who comply with the law. Cheng pointed out that only about a quarter of HKJA members participated in this year’s survey, which might reflect the worsening media environment.
“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 said.
“At some organisations that might be seen as more pro-Beijing or pro-government reporters, the contact people we have at those organisations 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 added.
Journalists have also emphasised the need for caution in their reporting. In a message to columnists at the pro-Beijing Ming Pao newspaper, chief editor Lau Chung-Yung advised them to be “prudent” and “law-abiding” in their writing. This message was shared on social media on August 15 by one of the paper’s columnists. Swedish journalist Johan Nylander, based in Hong Kong, remarked that it is unsurprising to see press freedom 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 said.
“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.”
Authorities and Chinese state media have notably criticised media groups like the HKJA, accusing them of having connections to activist organisations, according to VOA reports. Despite this, Wishart emphasised the importance of the HKJA’s continued operation.
“It’s important that the HKJA and other organisations continue to monitor the state of press freedom in Hong Kong and that media professionals continue to respond to these surveys,” he said.
Since the implementation of the national security law in 2020, Hong Kong’s position on the World Press Freedom Index has dropped significantly. It now stands at 135 out of 180 on the Reporters Without Borders index, where 1 signifies the best conditions for press freedom. In 2019, the year prior to the law’s enactment, Hong Kong was ranked 73, according to VOA.