【社評雙語道】立法打擊網絡性騷擾 保青少年健康成長
【原文】下文摘錄自2022年5月18日香港《文匯報》︰
一項調查推算，全港有13萬名中學生曾遭受網絡性騷擾，情況不容忽視。本港對互聯網資訊缺乏監管，一直為各界所詬病。今年的施政報告提出保障網絡安全，保安局已牽頭有關立法的準備工作。立法保護青少年免受網絡性騷擾和網絡欺凌刻不容緩，各部門要通力協作，與時並進加快立法進程，保障本港青少年身心健康成長。
香港救助兒童會及香港大學的一項調查發現，過去一年，本港每10名中學生就有4名遭受至少一次虛擬性騷擾，包括非情願地收到網上性裸露內容、性誘惑等，即相等於全港有13萬名中學生曾遭受網絡性騷擾。調查亦顯示，去年每5名香港兒童之中就有1人遭受網絡欺凌。利用網絡已成為生活密不可分的一部分，青少年對手機、網絡依賴更重，經常會瀏覽網頁，很容易接觸到各式各樣的資訊。傳統媒體例如報刊、電視、電影，政府設立了嚴格的分級制度，要求內容提供者甄別受眾的年齡，藉以保護青少年。但本港至今欠缺針對網絡的法律規管，青少年使用網絡保護毫無保障可言。
對此，首先是要完善網絡監管立法。內地在監管色情或暴力影片資訊上相對嚴格，最新修訂的《未成年人保護法》和《預防未成年人犯罪法》於去年6月1日正式實施，規定禁止製作、複製、發布、傳播或者持有有關未成年人的淫穢色情物品和網絡資訊，同時明確網絡遊戲、網絡直播、網絡音視頻、網絡社交等網絡服務提供者，必須上線「青少年模式」，不單在內容方面進行規範，且對使用時間、功能等也有所規管。本港應參考內地的保護青少年措施，認真研究立法規管網絡的可行性。
對色情淫褻內容，本港並非全然無法可依。涉及色情的網上資訊，都屬《淫褻及不雅物品管制條例》監管。條例的第二十一條規定，任何人如在香港發布淫褻物品，不論是否知道該物品是淫褻物品，均屬犯罪，最高可判處罰款100萬元及監禁三年。《防止兒童色情物品條例》第三條規定，任何人發布兒童色情物品均屬犯罪，最高可判處罰款200萬元及監禁8年。不過，本港極少就網上色情內容提出檢控，因為有關法例主要規管傳統媒體或刊物，面對網絡的海量內容，只有內容提供者的伺服器設於香港才能受到監管，搜證和監控有相當難度。
網絡發展一日千里，立法規管必須與時俱進。針對青少年的網絡性騷擾和網絡欺凌變本加厲，保安局應盡早牽頭落實施政報告的建議，啟動相關立法，在立法過程中，教育局、創科局、資科辦都要充分配合，參考內地和海外的相關法例，盡早展開公眾諮詢、凝聚共識和民意支持，為立法創造有利環境，同時政府可設立兒童網絡安全專員，更有效地保護下一代。
Legislation Needed to Combat Online Sexual Harassment against Young People
【譯文】According to a survey, it is estimated that 130,000 secondary school students in Hong Kong have been sexually harassed on the internet. Such situation must not be ignored. Hong Kong's lack of regulation on information published on the internet has drawn criticism from various sectors. Safeguarding cyber security is one of the issues raised in this year's Policy Address. There is an urgent need to enact legislation to protect young people from online sexual harassment and cyber bullying. All concerned Government departments should work together, keep abreast with the development of the society, and speed up the legislative process to ensure young people's health and wellness.
A survey conducted by Save the Children and the University of Hong Kong revealed that 4 out of every 10 secondary school students in Hong Kong have, in the past year, at least once experienced virtual sexual harassment, including unwanted exposure to sexual and nudity content, and sexual solicitation. That means 130,000 secondary school students in Hong Kong were sexually harassed on virtual platforms. The survey also found that 1 in 5 teenagers in Hong Kong faced cyber bullying last year. The internet has become an inextricable part of life. It is easy for young people, who rely on mobile phones and the internet more than ever before, to come across various kinds of information by browsing the web. For traditional media, such as newspapers, television, and film, the Government has established strict classification systems and required content providers to classify their content based on the age of their target audience, in order to protect young people. However, Hong Kong is lacking laws to regulate the internet and thus fails to provide any protection to young people concerning their use of the internet.
Regarding this issue, the first step that needs to be made is to improve legislations to regulate the internet. The Mainland has a relatively stringent system to regulate online pornographic or violent videos or content. The newly amended Law of the People's Republic of China on the Protection of Minors, and Law of the People's Republic of China on the Prevention of Juvenile Delinquency were implemented on 1st June 2021. These laws prohibit the making, reproduction, publication, dissemination or possession of obscene and erotic articles or online content involving minors. It is stipulated that providers of different online services, such as online games, live streaming, online audio and video information, and social media services, should acticate "the minor protection mode" on their platforms to enable regulation on their content as well as the time of usage and functions available. The Hong Kong Government should seriously study the feasibility of enacting legislation to regulate the internet, with reference to the measures implemented in the Mainland to protect young people in this regard.
In fact, Hong Kong is not without laws to regulate pornographic and obscene content. Pornographic information on the internet is regulated by the Control of Obscene and Indecent Articles Ordinance. According to Section 21 of the Ordinance, any person who publishes any obscene article in Hong Kong, whether or not he knows that it is an obscene article, commits an offence and is liable to a fine of $1 million and 3 years of imprisonment. Also, Section 3 of the Prevention of Child Pornography Ordinance provides that any person who publishes any child pornography commits an offence and is liable to a fine of $2 million and 8 years of imprisonment. However, prosecutions against crimes involving online pornographic content are rare, because the above ordinances mainly regulate traditional media and publications. In the face of the enormous amount of content on the internet, the relevant authorities are only able to regulate service providers who have their servers located in Hong Kong, and thus resulting in considerable difficulties for them to gather evidence and monitor any illegal activities.
The internet is developing rapidly, and the laws in Hong Kong must stay abreast with such development. Problems with online sexual harassment against young people and cyber bullying among them have been getting worse. The Security Bureau should take the lead in implementing the recommendations in the Policy Address and initiate the legislative procedure as soon as possible. In the course of law-making, the Education Bureau, the Innovation and Technology Bureau and the Office of the Government Chief Information Officer will have to co-operate fully with the Security Bureau. With reference to the existing legislations in the Mainland and other countries, the relevant departments should launch public consultation, achieve consensus and gain support from the public, in order to create favourable conditions to enact relevant legislation in Hong Kong. At the same time, the Government may set up a cyber security commission for children to protect the young generation in a more effective manner.◆ Kit Siu
