The Foreign Correspondents' Club Hong Kong

The Foreign Correspondents’ Club, Hong Kong, Membership Survey on Press Freedom

In an effort to gauge the confidence of our members in the media environment in Hong Kong since the introduction of the National Security Law, the Foreign Correspondents’ Club (FCC) has conducted a survey of correspondent and journalist members on a wide range of issues related to press freedom.

The results revealed widespread uncertainty among members over what the media is and is not allowed to report on since the implementation of the National Security Law in June 2020, and concern over the further erosion of press freedom with the possible introduction of a “fake news” law in Hong Kong.

“This is the first time we’ve conducted a survey like this of our correspondent and journalist members,” FCC President Keith Richburg said. “There’s been a lot of talk and anecdotal evidence about concerns over the state of press freedom in Hong Kong, so we thought it would be helpful to try to quantify the extent of those concerns.”

The vast majority of respondents reported an overall deterioration in the working environment for journalists, noting in particular the unwillingness of sources to be quoted and the need for reporters to self-censor their writing or delete images.

The survey was conducted from late August to late October 2021. While the FCC has numerous members working in non-media sectors, for this survey we chose only to contact the club’s correspondent and journalist members. We received 99 responses–70 from correspondent members (club members working for foreign media) and 29 from journalist members (those working for local media)–reflecting a response rate of about 25%. All responses were anonymous.

In terms of the general working environment for journalists, 84% said that the situation had deteriorated since the introduction of the National Security Law. While 15% said there had been no change, one respondent said the situation had actually changed for the better.

One respondent said:

In many ways it has become worse than the mainland because nobody knows what the red lines are and there is real fear that previous coverage could be scrutinised. Self-censorship and the drying up of sources is another result of the NSL.

Another noted:

It has definitely changed for the worse. When I first arrived, Hong Kong was a much freer society — people were open to speaking, no topic within reason was off limits, and there were no real concerns about what we could publish or whether we could protect sources who spoke to us. Now, many people are reluctant or refuse to talk on sensitive subjects, and our organization — especially after the raids on Apple Daily — is much more cautious about data security and the ability to protect sources.

A total of 86% of respondents said sources were now less willing to talk about sensitive issues, while 14% reported no change. One respondent revealed:

Many of my sources are now in jail. Some have fled abroad. Others now refuse to comment to foreign media, based on advice from their lawyers or out of — very justifiable — fear that speaking to a foreign journalist could aid a prosecutor’s case against them under the National Security Law. Many people, even those abroad who might have family in Hong Kong, are now insisting on anonymity.

Another stated simply:

Fallen off a cliff. Former sources happy to go on the record now are only off the record or won’t talk at all.

However, another respondent countered:

I think sources are still happy to talk. They might say something is a “bit political” when talking but I haven’t noticed people holding back.

A smaller, but still significant, number of members said they were self-censoring or had experienced censorship within their organization. Asked “To what extent have you self-censored your writing, either in content or by simply avoiding covering certain subjects?” 44% replied not at all, 40% said they had slightly self-censored, and 16% had self-censored to a considerable degree.

One respondent said:

There are certainly some topics that we would now have to think long and hard about covering in any detail, in particular anything to do with independence. We would also now consider publishing some of our coverage with a non-Hong Kong dateline to avoid potential legal/political jeopardy for colleagues based in the city. But otherwise we soldier on and do our job of reporting the news without fear or favour.

The majority of respondents, 56%, said they had not experienced any overt censorship by their news organization in the coverage of sensitive issues, 36% said they had seen slight censorship, while 8% had experienced considerable censorship. One respondent noted that “management doesn’t ‘officially’ discourage coverage of sensitive areas but makes it very difficult to do so.”

One member pointed out:

Censorship is a loaded word. Clearly, the NSL is something we need to take seriously and it has affected how we approach the news and express our opinions. We don’t want to break the law. At the same time, I don’t feel I have been prevented from saying what I want to about the NSL and about how Hong Kong has changed since its enactment.

One of the most significant results of the survey was the uncertainty among our members over what is and what is not a “sensitive subject” in the wake of the National Security Law. Around half of the respondents, 48%, said they were unclear about exactly where the red lines were in reporting sensitive issues. Other respondents were more confident in defining the red lines but significantly gave different responses: Some highlighted Hong Kong independence, while others focused on mainland China issues or more generally Tibet, Xinjiang and Taiwan.

To illustrate the uncertainty, one respondent said:

When a nurse said that one of her patients didn’t want to get the Covid vaccine in China because she didn’t think the Chinese vaccines are very good, and decided to come back to Hong Kong where she could get the BioNTech shot, I got an editor’s comment “Do you think this is a bit too political?”

In terms of sensitive images, 48% of respondents said they were not confident in knowing what is permitted when it comes to taking photos or videos of sensitive subjects, 33% were somewhat confident, and only 19% said they were confident in knowing what images were acceptable:

I have the feeling that journalists are allowed to shoot public events even if they contain banners or slogans that breach the NSL. Likewise, media can publish them. But that can change in a second.

Many respondents agreed that the definition of what is considered sensitive is shifting all the time, thereby forcing them to exercise a greater degree of caution.

The definition of what is sensitive has broadened from the specifically political to encompass the work of civil society, the media, trade union and cultural organizations. There is no indication that this widening process is about to stop.

Going forward, there is widespread concern among the FCC’s correspondent and journalist members over the Hong Kong government’s proposal to enact a “fake news” law. In all, 76% of respondents said they were “very concerned” about the introduction of a fake news law, 15% were slightly concerned, 6% were not aware of the issue, and 3% were not concerned about the legislation.

Several respondents noted that “fake news” laws have been created by authoritarian governments to suppress unfavourable coverage. Others said there are signs that Hong Kong authorities are willing to label anything they do not like as “fake news.” For example:

It’s already clear to me that officials in high office in Hong Kong believe that “fake news” is a label they can apply to news or commentary that they don’t like, regardless of whether it is “fake,” and that a fake news law could be used broadly against critics in the same way that they have used the National Security Law.

Other respondents, while noting the risk of abuse by the authorities, cautioned that journalists still had a responsibility to verify information before publication and avoid over-sensationalizing issues.

The media has tremendous responsibilities, and we must be abiding by our code of conduct to stay neutral. Press Freedom does not mean that someone has the freedom to make up stories that are not facts. I am saddened by how the media has deteriorated to become storytellers instead of news reporters

The survey revealed considerable uncertainty among FCC correspondent and journalist members about the future. A significant majority of respondents said they were concerned about the possibility of arrest or prosecution from reporting or writing opinion articles – 61% were slightly concerned, 10% were very concerned, while 29% said they were not concerned about arrest or prosecution.

I’ve published extensively and it’s ‘out there’ on the net. But with laws constantly changing and applying to old works and deeds, if someone needs a flimsy excuse to ‘get me’, they’ll probably pull up some old work that was acceptable debate/opinion when it was published and now an excuse to prosecute.

A total of 77% of respondents said they were concerned about the possibility of digital or physical surveillance, while another 12% said they had already directly experienced surveillance. 37% of respondents had deleted images, either online or one their devices, because of security concerns, and a smaller number of reporters said they had experienced interference, harassment or violence while reporting. 15% had experienced minor interference and 7% said they had encountered significant harassment or interference.

Many correspondent and journalist members have the right to permanent residency in Hong Kong and so are not directly affected by employment visa issues. That said, 29% of respondents reported that they personally, or others in their news organization, had experienced considerable delays or obstacles in obtaining employment visas or visa renewals. Another 24% said they had experienced slight delays.

Finally, we asked members if they were planning on or considering leaving Hong Kong because of concerns over press freedom. About 34% said they were considering leaving, and 12% already had plans to do so. The remaining 54% said they planned to stay. One typical response noted:

The rapidly deteriorating political environment in Hong Kong has made me consider cutting short my stay in the city. While we’re not planning an imminent departure by any means, myself and several others I know are reconsidering previous plans to stay in Hong Kong over a longer time frame, given the city we arrived in was very different than the city we currently live in. Everyone has different limits on what they will tolerate.

Richburg, the FCC’s president, added: “We would like to conduct this kind of survey on a regular, recurring basis so we can continue to gauge the sentiment among our members who are working actively as journalists and let the results be made publicly available. We hope this survey, and any future ones, can help contribute to the ongoing discussion about the state of press freedom in Hong Kong.”

The FCC is grateful to all those members who took the time to respond to our survey.

FCC Congratulates Ressa, Muratov for Nobel Peace Prize

The Foreign Correspondents’ Club, Hong Kong congratulates journalists Maria Ressa and Dmitry Muratov for winning the 2021 Nobel Peace Prize, awarded ”for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace.”

The FCC applauds the Nobel Committee for its recognition of two courageous and deserving journalists, and for the message in defense of press freedom that the award sends.

Ressa, 58, is the co-founder and chief executive of Rappler, a digital news outlet in the Philippines. She has spoken at the FCC on several occasions, and is a tireless advocate of the free press and efforts to combat misinformation across the region and beyond. Links to her speeches and events at the club can be found below.

https://www.fcchk.org/fake-news-authoritarian-regimes-and-women-in-journalism-the-fccs-3rd-journalism-conference-leaves-no-stone-unturned/

https://humanrightspressawards.org/4756.html

HKJA Statement Responding to Security Secretary

The FCC has been following with concern remarks by the Secretary for Security regarding the Hong Kong Journalists Association, the city’s largest union for working journalists. The secretary’s remarks questioned the details of HKJA’s membership rolls. The HKJA has responded to the secretary’s remarks with the following statement, which the FCC is republishing. The FCC expresses its support for all working journalists during an increasingly challenging time in Hong Kong’s media environment:

In response to media enquiries about our membership and the Secretary for Security’s comments on Wednesday, the HKJA would like to make the following comments:
As of 15 September 2021 at 2pm, HKJA has 486 current members. They include 331 full members, 22 associate members, 34 public relations members, 56 student members, and 43 retired or permanent members. The numbers of our membership fluctuate as the Association processes new applications and renewals daily.
In response to media enquiries on the number of our members employed by specific media outlets, we would like to note that our members come from a large number of media organisations. Each individual membership lasts one year and members are required to renew their membership by the end of the year. If the media outlet where a member works has closed down, or if the member has left the media industry, they will not be able to renew their membership. The details on membership eligibility are available on our website’s membership application section, and are stated in our charter.
Meanwhile, Secretary for Security Chris Tang today said HKJA may “assuage the public’s doubts” by publishing our membership list “without disclosing personal information.” We are baffled by the Secretary’s apparently illogical suggestion. HKJA hopes the Secretary could understand that our members’ employment is part of their personal information. We are therefore unable to decipher how we could possibly make public the media outlets where our members are employed, without also disclosing their personal data at the same time.
We would like to reiterate that under the Personal Data (Privacy) Ordinance, HKJA may not disclose members’ personal data without their expressed consent. Any suggestion to make our membership and their employers public in order to “assuage doubts” would appear to incite a breach of the Ordinance.
Hong Kong Journalists Association
15 September 2021
就傳媒查詢有關本會會員事務，及保安局局長的言論，本會有回覆如下：
截至2021年9月15日下午2時，本會有效會員共有486人，其中包括正式會員331人、附屬會員22人、公關會員34人，學生會員56人，另有退休會員及永久會員共43人。而本會每日均會處理續會、入會申請的事務，會員人數會不時變更，敬希注意。
就有傳媒查詢，個別傳媒機構在本會內的會員人數，本會會員來自多間傳媒機構，會籍有效期為一年，會員需要每年續會。如會員所任職的傳媒機構已經停業、或會員已經離開傳媒行業，則不能續會。有關本會的會員資格，可參閱本會網頁的會員申請須知及會章。
另外，就保安局局長鄧炳強今日表示，本會可在「撇除個人資料」下公布會員名單，以「釋除疑慮」。本會認為鄧炳強的建議邏輯混亂，令人百思不得其解。本會希望局長明白，會員所任職的傳媒機構，亦為其「個人資料」一部分，本會實在無法推敲出，如何在「撇除個人資料」下，公布會員「來自乜嘢媒體」。
本會亦在此重申，根據《個人資料（私隱）條例》規定，未經當事人同意，本會不能披露會員個人資料。若要求本會應公開會員名單或其所屬機構「以釋公眾疑慮」，實在有鼓吹本會違反《私隱條例》之嫌。
香港記者協會
2021年9月15日

FCC Expresses Deep Regret Over Closure of Apple Daily

The Foreign Correspondents’ Club, Hong Kong wishes to express its deep regret at the announcement of the closure of Apple Daily.

Apple Daily has been a vibrant member of the Hong Kong media landscape for more than quarter of a century and a widely read source of information for many in the city.

The closure is a blow to the journalism community in Hong Kong and raises legitimate concerns over the future of press freedom in the city. It comes after government authorities froze its assets and arrested several top editors.

The closure also has a major social impact and will leave hundreds of journalists, editorial production staff and other employees involved in the publication and distribution of the newspaper unemployed.

The FCC calls on the Hong Kong media community to provide assistance for those now left jobless with the closure in finding new employment.

FCC Statement on Arrests and Search Involving Apple Daily

The Foreign Correspondents’ Club, Hong Kong is concerned over the arrest of five Apple Daily executives, including its editor-in-chief Ryan Law and deputy chief editor.

According to the Hong Kong police and media reports, the five were detained on suspicion of conspiracy to collude with foreign forces under the National Security Law and were undergoing questioning.

The FCC notes that the Hong Kong police’s search of the Apple Daily premises took place under a warrant “covering the power of searching and seizure of journalistic materials.” Press reports indicate that police searched journalists’ notes and files and accessed their computers.

We are not pronouncing on the legalities of the situation or today’s actions. However the Foreign Correspondents’ Club is concerned that this latest action will serve to intimidate independent media in Hong Kong and will cast a chill over the free press, protected under the Basic Law.

Australian Correspondents Bill Birtles and Michael Smith Discuss Their Dramatic Escape From China

In September 2020, deteriorating relations between Australia and China led to a five-day diplomatic standoff during which the two remaining foreign correspondents employed by Australian media, Bill Birtles and Michael Smith, were evacuated from the PRC. In a Zoom event hosted the by the Foreign Correspondents’ Club and moderated by FCC President Keith Richburg, the two journalists shared their accounts of the days leading up to their escape.

“When the warnings first came from our government, we didn’t really quite believe it, we didn’t really take them too seriously. We actually thought they were playing politics with us, and that we didn’t need to get out of China at all,” said Smith. “It was all rather dramatic when things did escalate, and you get that knock on the door. There’s a lot of theatrics involved and I think it was designed to intimidate.”

One important factor was that both journalists were unaware that the homes of several Chinese state journalists had been searched by Australian officials several weeks earlier, and they had only just found out about the detainment of Chinese-born Australian journalist Cheng Lei.

“That’s why it came as such a shock, because a lot had been happening in the background and we weren’t privy to this information,” said Birtles.

Birtles described the surreal experience of having to prepare to leave the country and relying on fellow journalists to pack up his apartment whilst not trying to draw any media attention.

“There was this concern at the time from the Australian diplomats, of course, that if the story broke in the Australian media, then it might force the Chinese side to dig in,” said Birtles. “If we for example, are holed up taking shelter at these embassies, supposedly avoiding Chinese investigators in a national security case, then it would look like the Australian government’s interfering by preventing us from doing the interviews.”

Both Birtles and Smith have now published books about their experiences: The Truth About China and The Last Correspondent, respectively. Though they’ve had plenty of time to process what happened, they still feel surprised by how they ultimately had to flee the country in order to avoid potential incarceration.

“I never felt unsafe in China,” said Smith. “I always thought the worst thing that could happen to me is that I’d be deported, like a lot of American journalists have been.”

Watch the full discussion below:

Hong Kong Press Freedom Index for Journalists Hits Record Low – HKJA

The Hong Kong Journalists Association (HKJA) has released the Hong Kong Press Freedom Index 2020, which shows that the index for journalists has reached an all-time low. According to the HKJA, the reason for the decline is that “journalists are more cautious than ever when they criticise the HKSAR Government and the Central Government, and managements have put more pressure on them.”

Noting that press freedom in Hong Kong has “greatly deteriorated in the past year,” particularly following the passage of the National Security Act, the HKJA describes a host of developments which have collectively impeded news gathering. As a result, the index for journalists is now at a record low of 32.1 on a scale of 0-100. Previously, the figure stood at 36.2 for 2019 and 40.9 for 2018, reflecting a rapid decline.

To learn more, go to the Hong Kong Press Freedom Index 2020.

Governments Have Used the Pandemic to Curtail Press Freedom in SE Asia – FCC Panel

On World Press Freedom Day, an FCC Hong Kong panel of speakers representing press clubs across Southeast Asia painted a dire portrait of press freedom in the region as various governments have vilified, attacked and even arrested journalists throughout the COVID-19 pandemic.

Over the past year, the panelists said, a series of developments including the passage or threat of “fake news” laws, new visa restrictions, online harassment, physical violence and other forms of intimidation have led to a growing atmosphere of fear and self-censorship for reporters, particularly in Myanmar.

“Myanmar has hit a new low, and it’s been a very sobering spectacle for all of us in the region,” said Gwen Robinson, former president of the Foreign Correspondents’ Club of Thailand. “Journalists are basically in hiding and fearing for their lives.”

Barnaby Lo, speaking on behalf of the Foreign Correspondents Association of the Philippines, described a similarly treacherous environment for Filipino journalists, who are treated as enemies by President Rodrigo Duterte. He noted that a total of 170 journalists have been killed in the Philippines since democracy was restored in 1986, including 19 of them during Duterte’s presidency.

He also spoke about Maria Ressa, the high-profile Filipino journalist and editor currently facing 11 court cases and potentially decades of jail time, whose story has garnered international attention.

“While Filipinos do appreciate the support for Maria Ressa, I think a lot more journalists here in the Philippines need that kind of international support as well,” Lo said.

Ed Davies, president of the Jakarta Foreign Correspondents Club, said that Indonesia’s Electronic Information and Transactions law has been a cause for concern and has drawn criticism for its broad interpretation.

Similarly, Ate Hoekstra, president of the Overseas Press Club of Cambodia, said the government there regularly speaks out against “fake news” and is working on a new cybercrime law, which journalists fear may be broad enough to curtail press freedom.

Speaking on the situation in Hong Kong including troubling developments at RTHK and the prosecution of journalist Bao Choy, FCC President Keith Richburg said, “I would summarise it by saying we’re suffering death by a thousand cuts, nothing major but so many small things.”

In spite of the difficult environment in Southeast Asia, the panelists did highlight some positive developments from the past year, including the increased role of amateur journalists and eyewitness media.

“It’s raised the bar for conventional media,” said Robinson. “The images are out there, it forces you to go further.”

She also said the pandemic and the coup in Myanmar had changed the media landscape.

“There’s a lot that is positive that’s come out throughout the region in the new creativity in the ways journalists are pushing back, finding very resourceful ways to get news out, the way they’re operating,” Robinson said.

“People are starting to go back to SMS, old-fashioned text messages. We thought the era of transistors was dead, but actually I wouldn’t be surprised if soon you see a proliferation of transistor radios in Myanmar.”

Watch the full discussion below:

FCC Statement Marking World Press Freedom Day

The past 12 months have been one of the most challenging periods for press freedom, not just in Hong Kong but across the region. The military coup in Myanmar, the crackdown on protests in Thailand and attacks on independent media in the Philippines have all threatened the physical safety and personal liberty of reporters.

In Hong Kong, which has fallen to 80th place on the Reporters Without Borders Press Freedom Index, from 18th in 2002, journalists have contended with a range of challenges, including new police limits on accreditation, the prosecution of members of the media, ever increasing pressure on the editorial independence of RTHK, concerns over visas and an attack by thugs on a newspaper printing plant.

Chief Executive Carrie Lam Cheng Yuet-ngor has said that the media are one of the priority sectors in Hong Kong that need to be “improved” and, with the support of Police Commissioner Chris Tang, says she wants to introduce a “fake news” law. Precedents from around the world have shown that such laws are invariably used to stifle critical coverage and freedom of speech.

On World Press Freedom Day, the Foreign Correspondents’ Club, Hong Kong wishes to express its solidarity with journalists who are facing harassment, imprisonment or risking their lives to carry out their essential mission. The club is committed to defending press freedom in Hong Kong and across the region by speaking up when it is under threat, by providing resources and workshops for working reporters, and inviting prominent Hong Kong and international journalists and personalities to speak at the club on matters of public concern.

International Press Institute Issues Statement on Impunity for Crimes Against Journalists

On October 30, the International Press Institute, which has been defending press freedom since 1950, released the following statement:

Impunity for crimes against journalists has continued to remain high, as governments are failing to bring perpetrators to justice, the International Press Institute (IPI), a global network of editors, media executives and leading journalists, said ahead of the International Day to End Impunity for Crimes against Journalists on November 2.

Since last October, as many as 52 journalists have lost their lives due to their work, according to the Vienna-based IPI’s Death Watch. At least 24 were killed in targeted attacks. An additional 15 cases are considered to be likely targeted attacks but remain under investigation regarding the motive. Seven other journalists were killed in Syria and one in Iraq covering armed conflict, and two died in Iraq and one in Afghanistan reporting on civil unrest. An additional two journalists were killed while on assignment. In almost half of the cases, those responsible are still at large,

An IPI analysis of these cases shows an alarmingly insufficient response by authorities to grave crimes against journalists. So far, arrests have only been made in 10 cases, five each in the Americas and Asia.

“The unbroken cycle of impunity for crimes against journalists fuels further violence against the press at a time when the free flow of news is more valuable than ever”, IPI Deputy Director Scott Griffen said. “The failure to bring those who kill journalists to justice is unacceptable and an attack on the public’s right to receive information.”

As in the year prior, the Americas accounted for the highest number of killings with 21 journalists murdered, including eight in Mexico, five in Honduras, two each in Colombia and Venezuela, and one each in Brazil, Guatemala, Haiti and Paraguay. In Asia, 11 journalists were killed, three in the Philippines, two each in India, Indonesia and Pakistan, and one each in Cambodia and Bangladesh. In Africa, two journalists were killed in Nigeria, and one each in the Democratic Republic of the Congo and Somalia. One journalist died in a targeted attack in Yemen, and another was found dead in his car in Iraq, while in Qatar, the death of an imprisoned journalist is under investigation.

In Mexico, arrests were made only in one of eight cases on IPI’s Death Watch. Despite Mexico’s being one of the most dangerous countries for journalists to work, the government there has decided to stop funds allocated for upholding the Law for the Protection of Human Rights Defenders and Journalists (LPPDHP). Although underfunded, since its establishment in 2012, a federal safety mechanism had benefited over 1,200 individuals, 33 percent of whom were journalists.

In Brazil, Colombia and Honduras, the killers are still at large, while in Haiti, Paraguay and Venezuela, arrests have been made connection with the killings.

Amongst Asian countries, the Philippines has arrested suspects in two of three murders, while Indonesia has apprehended the alleged masterminds of the two killings in the country. In India, the police have arrested suspects in one case, and filed a case against the accused in another killing. The police in Pakistan have filed a case against suspects in one of two murders. However, no progress has been reported in investigations into the killings that took place in Bangladesh and Cambodia.

In Africa and the Middle East, no arrests have been reported in the seven cases on IPI’s Death Watch.

“Unfortunately, even the fact of arrests does not necessarily indicate genuine progress in an investigation into the killing of a journalist, given that all too often the only people who are arrested are the triggermen, while the masterminds remain free”, Griffen noted. “Authorities must ensure that every single person involved in the murder of a journalist is brought to justice.”

Alarmingly, little progress has been made in bringing perpetrators to justice even for the most high-profile and shocking murders in recent years. A public inquiry and trial are underway in the killing of Maltese journalist Daphne Caruana Galizia, who died in a car bomb explosion in 2017. Last month, a court in Slovakia acquitted the suspected mastermind behind the 2018 murder of journalist Ján Kuciak.

Saudi Arabia, meanwhile, has made a mockery of justice in the gruesome 2018 murder of Washington Post columnist Jamal Khashoggi. After intense international pressure, the Saudi government admitted that Khashoggi had been murdered in what it described as a “rogue operation”. However, it then charged 11 without revealing their names or their alleged role in the killing. The trial that began in March 2019 was shrouded in secrecy and despite requests by the United Nations, international observers were not allowed to attend the proceedings. In December, five of the suspects were sentenced to death (later overturned) and three others were given prison sentences, while the remaining three were exonerated.