The government has proposed to revise the copyright ordinance by introducing an amendment, which was discussed at the Legislative Council last Friday.
The bill proposes extending the scope of criminal liability for infringement to cover all kinds of electronic transmission. The target is derivative work, such as parodies, that might prejudicially affect the 'incalculable potential business value' of the work of the copyright owner.
Surprisingly, the pan-democrats have given their initial support to the bill, which means it is likely to be passed without much opposition this year.
The news has stirred a fierce reaction among those in the creative industry as well as internet users, who fear that, once the bill is passed, they would be stripped of their freedom to publish and speak online. They are campaigning against the bill and have provocatively dubbed it the 'Article 23' of the internet.
The pan-democrats have failed to provide a good reason for supporting the bill. Their political stance is not only conservative but outdated.
The government's flimsy excuse in rejecting a pan-democrat proposal to grant exemptions for non-commercial derivative work in the bill is that it has no time to conduct any meaningful consultation. But, on the other hand, it agreed with the pan-democrats that people are unlikely to be found guilty under the new law unless it can be proved that the infringement has caused economic loss to the copyright owner.
The government has promised to conduct a consultation on whether to grant exemptions for derivative work in the next legislative year, after the bill has been passed.