IT pledge: Secretary for Commerce, Industry & Technology Joseph Wong says the Government is committed to providing an environment conducive to the sustainable development of creative industries.

A consultation document has been released to determine if the existing legal framework needs to be updated for more effective copyright protection in the digital environment.

Launching the consultation exercise today, Secretary for Commerce, Industry & Technology Joseph Wong said the Government was committed to providing an environment conducive to the sustainable development of creative industries.

He noted that with recent technological advances, it is necessary to review the efficacy of the online copyright-protection regime.

"In conducting the review, the Government is mindful of the need to balance competing interests, including possible concerns about the adverse implications that enhanced copyright protection may have on the dissemination of information, protection of personal privacy, and the development of Hong Kong as an Internet service hub," he said.  

Criminal liability

The consultation at first discusses whether and how the scope of criminal liability should be expanded to combat unauthorised uploading and downloading activities. This topic targets peer-to-peer technology, which makes large-scale online copyright infringements possible. 

Second, it will deal with whether an all-embracing right of communicating copyright works to the public should be given to copyright owners undern copyright law, to ensure adequate protection for copyright works.

It raises the issue as to whether a new liability for online service providers should be introduced for infringement occurring on their platforms, and if so, whether it should be limited under specified circumstances.

Aiding civil action    

It will also gauge views on how the Government could help copyright owners take civil action against online infringers.

These include whether a relatively quicker and inexpensive procedure should be provided for copyright owners to obtain information about the infringers' identity; and whether Internet service providers should keep records of clients' online activities for a specified period.  

The consultation looks into the need to introduce statutory damages for copyright owners and whether the existing copyright exemption provisions in the law for temporary reproduction of copyright works should be expanded.

The consultation document has been uploaded here. You are welcome to send views by email, fax (2869 4420) or post (Level 29, One Pacific Place, 88 Queensway).