Search engines must abide by local laws

A news report in The Wall Street Journal under the headline "Google Faces Pressure in Hong Kong Over Search Results for National Anthem", published on Dec 6, pointed out the tension between the United States technology company and Hong Kong authorities due to the search engine's display of a protest song as the top search result for the Chinese national anthem. The report further raised the question of whether Google can be legally compelled to update its search results.

It is universally believed that there is no absolute freedom when it comes to public speech, and that freedom of speech has limits under specific circumstances prescribed by law, such as safeguarding national security, ensuring public order or protecting the rights and reputation of another person.

According to Article 9 of the National Security Law for Hong Kong, the Hong Kong Special Administrative Region's government "shall take necessary measures to strengthen public communication, guidance, supervision and regulation over matters concerning national security", including those relating to the media and the internet.

The protest song, which was used by protesters and rioters during the 2019 social unrest in Hong Kong, is clearly subversive and should be restricted. Although Google is a US-based company, it is required to abide by the local laws of Hong Kong.

The report also mentioned a protest led by a Hong Kong lawmaker against Google's laissez faire attitude toward this matter. The report stressed that "it was a rare show of anger against an American tech firm in a city where access to the internet has remained mostly unfettered", adding that it is "a key reason why global companies operate in the city". The Journal seems not to fully understand the severity of the case and why Google faces so much condemnation in Hong Kong. It's not only a matter of which song is the top search result, but also a matter of national dignity and respect, especially when Hong Kong is engaged in international competitions.

The condemnation of Google does not come out of nowhere. On Nov 13, the protest song was played in place of the Chinese national anthem during an Asia Rugby Sevens event in South Korea.

Shortly after the incident, the president of Asia Rugby, Qais Abdulla Al Dhalai, made a special visit to Hong Kong from Dubai to express the organization's apology, explaining that it was a mistake made by a junior staffer who had "mistakenly" downloaded the wrong song off the internet since it was — and still is — shown as the top search result, and that the blunder was "entirely without any political or malicious intent". There was no mention of any disciplinary action against the staff member.

Organizers of sports events should be held accountable for the mix-ups, as it is part of their responsibility to play the correct national anthem. On the other hand, the Hong Kong team or representatives who participate in international sports events are also responsible for ensuring that the national anthem that will be played is correct.

Some remedial measures have been taken swiftly. The Sports Federation& Olympic Committee of Hong Kong, in consultation with the HKSAR government, promulgated "Guidelines on Handling the Playing of the National Anthem and Raising of the Regional Flag for Hong Kong Athletes and Teams Engaging in International Sports Events" on Nov 22. The guidelines stipulate that the team leader as assigned by the relevant national sports association's executive council or committee should be responsible for bringing along two hard copies containing the correct national anthem with a proper description including its name and two regional flags.

The guidelines also require the assigned team leader to check on-site with the event organizer on the national anthem and regional flag to ensure that the correct version will be used, and the correct name of the national anthem will be displayed in all captions. In case a wrong song is played, an incorrect flag is raised, or the regional flag is not properly raised, athletes and teams should express their objection and call for an immediate correction, according to the guidelines.

Google being caught in a public opinion storm is a predictable and reasonable outcome rather than an unexpected one. Despite the fact that many Western media outlets have tried to justify Google's behavior and intention as the protection of the free flow of information, they can't justify their hypocrisy and double standards.

Repeated incidents regarding our national anthem are clearly coordinated or organized either in Hong Kong or overseas. All search engines have an obligation to abide by local laws including the National Security Law for Hong Kong. It is equally if not more important that a proper mechanism is in place to prevent such incidents from happening again. In addition, strict enforcement of the new guidelines should be guaranteed by all sports associations, and severe penalties should be imposed on an association and all related personnel in the case of a breach of the guidelines.

The author is founder and chairman of the One Country Two Systems Youth Forum. The views do not necessarily reflect those of China Daily.