香港司法部长表示,通过立法规范社交媒体使用以保护未成年人是备选方案之一,此前最新的《施政报告》公布了成立专责小组审视情况的计划。
Introducing legislation to protect minors by regulating social media use is among the options on the table, Hong Kong’s justice minister has said, after the latest policy address unveiled plans to create a task force to review the situation.
司法部长林定国周三接受《南华早报》及其他媒体访问时,驳斥了此类措施可能侵犯个人权利和自由的担忧,强调目标是保护儿童免受色情内容等不良信息侵害。
Speaking to the South China Morning Post and other media outlets on Wednesday, Secretary for Justice Paul Lam Ting-kwok dismissed concerns that such measures could infringe on individual rights and freedoms, emphasising that the goal was to protect children from undesirable content such as pornography.
他的言论是在行政长官李家超于9月16日发表《施政报告》之后作出的,当时特区领导人宣布政府将成立专责小组,研究未成年人使用社交媒体的情况。
His remarks followed Chief Executive John Lee Ka-chiu’s policy address on September 16, when the city leader announced that the government would establish a dedicated task force to look at minors’ social media use.
根据《施政报告》,由律政司牵头的跨部门小组将审视未成年人使用社交媒体和人工智能(AI)平台的相关风险,并评估是否需要修订立法和行政措施。
According to the policy address, the interdepartmental group, spearheaded by the Department of Justice, would review the associated risks of minors’ use of social media and artificial intelligence (AI) platforms, and assess whether legislative and administrative changes were needed.
林定国表示:“立法干预是其中一个选项,但未必是唯一选项。原则上,我可以想像有不同方法鼓励未成年人在适当监督下更妥善地使用[社交媒体]。”
“Legislative intervention is one of the options, but it may not be the only option. In principle, I can imagine there are different ways to encourage minors to use [social media] in a more proper manner under proper supervision,” Lam said.
“一方面我们有硬性法律;另一方面有软法、指引和行为守则等。还有教育、宣传、公共关系。有很多选项,它们并不互斥,可以并行。”林定国表示,可能会为家长和教师制定新指引,因为他们负有监管责任。但他拒绝具体说明措施或预判专责小组的结果。
“We have hard law on the one hand; we have soft law, guidelines and codes of conduct, those sorts of things. And then we have education, propaganda, public relations. There are many options, and they are not mutually exclusive. They may run in parallel.” Lam said there could be new guidelines for parents and teachers, as they had supervisory responsibilities. But he declined to specify measures or pre-empt the task force’s findings.
去年11月,澳大利亚成为首个为16岁以下未成年人引入社交媒体禁令的国家,禁止儿童使用包括Facebook、Instagram、YouTube和TikTok在内的多个平台。
Last November, Australia became the first country to introduce a social media ban for minors under 16, barring children from using a variety of platforms, including Facebook, Instagram, YouTube and TikTok.
根据这项开创性规则,未成年人被禁止开设新账户,现有账户被停用。社交媒体公司若违规将面临罚款,而父母和儿童不会受到惩罚。
Under the groundbreaking rule, minors were prohibited from opening new accounts and existing ones were deactivated. Social media companies would face fines for breaches, while parents and children would not be penalised.
随后,包括英国、新西兰和丹麦在内的国家纷纷提出针对儿童的类似禁令。
Countries including the United Kingdom, New Zealand and Denmark have since proposed similar bans for children.
林定国表示,政府将借鉴海外经验,包括研究澳大利亚法律的有效性及其执行情况的反馈。但他指出,并没有一套统一的规则。
Lam said the government would draw on overseas examples, including studying the effectiveness of Australia’s law and feedback on its implementation. But he noted that there was no uniform set of rules.
被问及潜在限制是否会侵犯个人权利和自由时,林定国表示,所有立法都将遵守《基本法》——香港的小宪法——所确立的根本权利。
Asked whether the potential restrictions could curtail individual rights and freedoms, Lam said all legislation would comply with the entrenched rights set out in the Basic Law, Hong Kong’s mini-constitution.
“我不太担心任何潜在的侵犯,因为目的不是限制任何形式的自由,”他说。
“I am not very concerned about any potential infringement because the purpose is not to restrict any sort of freedom,” he said.
“我们只是旨在保护我们的儿童,确保他们不接触风险。特别是那种我确信大家都会同意包含不良因素的风险,例如色情材料、煽动儿童诉诸暴力的思想。”行政长官李家超此前在年度施政报告中强调了AI风险治理的七大重点领域,包括打击深度伪造色情等AI相关犯罪。
“We are only aiming at protecting our children to ensure that they will not be exposed to risks. In particular, the type of risk that I am sure everyone would agree contains undesirable elements, for example, pornographic materials, ideas that incite children to resort to violence.” City leader Lee previously highlighted seven key areas of AI risk governance, including combating AI-related crimes such as deepfake porn, in his annual policy blueprint.
林定国承认公众对AI相关犯罪的担忧,并表示正与法律改革委员会网络罪行小组委员会联络,以优先并加快研究相关议题、征求公众意见并提出建议。
Lam acknowledged public concerns over AI-related crimes and said he was liaising with the Law Reform Commission’s cybercrime subcommittee to prioritise and accelerate its study of the relevant issues, seek public feedback, and provide recommendations.
“法律改革往往涵盖范围广泛,确实需要时间。但我们不能等待,我们理解越快完成越好,”他在未提供审议时间表的情况下表示,并指出该委员会独立运作。
“Legal reform often covers a wide scope and really takes time. But we cannot wait, and we understand that it is better if it is done faster,” he said without offering a timeline for the review, noting that the commission worked independently.
林定国还解释说,现有法律能够应对诈骗等与人工智能相关的犯罪,但此次检讨的目标是制定更有针对性的立法,以跟上快速的技术发展步伐,并更有效地处理案件。
Lam also explained that existing laws were able to address AI-related crimes such as scams, but the goal of the review was to formulate more targeted legislation to keep pace with rapid technological advancement and handle cases more effectively.
施政报告中强调的另一个问题是,现行法律是否充分解决了由人工智能产品引发事故所产生的法律责任问题。
Another issue highlighted in the policy address was whether current laws adequately addressed legal liability arising from accidents caused by AI products.
林定国表示,政府将成立另一个工作组研究此事,并于今年举行首次会议。但他拒绝提供时间表,理由是问题复杂,需要审慎审视。
Lam said the government would establish another task force to look into the matter and hold its first meeting this year. But he declined to provide a timeline, citing the complexity of the issue and the need for a cautious and prudent review.
他补充说,当局将参考其他司法管辖区的做法,并确保与所有本地持份者(包括制造商、人工智能创作者和消费者)进行适当磋商。
He added that authorities would refer to other jurisdictions and ensure proper consultation with all local stakeholders, including manufacturers, AI creators and consumers.
在采访中,这位在7月被从美国制裁名单中移除的九名香港和内地官员之一——司法部长——还被问及是否会考虑访问美国。
In the interview, the justice minister, who was among nine Hong Kong and mainland Chinese officials removed from an American sanctions list in July, was also asked whether he would consider visiting the United States.
林定国没有直接回答这个问题,但表示增强外界对香港法治的信心很重要,并补充说,如果基于“真诚和双方同意”有合适机会,他会访问其他国家。
Lam did not respond directly to the question but said it was important to enhance foreign confidence in Hong Kong’s rule of law, adding that he would visit other countries if there were suitable opportunities based on “sincerity and mutual consent”.
“香港是国际城市。帮助他人了解香港、对香港建立信心很重要。如果我在职位上能做些什么,我一定会竭尽所能,”他说。
“Hong Kong is an international city. It is important to help others understand Hong Kong and to give them confidence in the city. If there is something I can do in my position, I will certainly do my utmost,” he said.
“即使我们可能在许多问题上与其他国家存在根本分歧,也不应成为阻碍沟通的理由。”郑文杰
“Even if we may have fundamental disagreements on many issues [with other countries], that should not be a reason to hinder communication.”