Private sphere versus public sphere: Photo scandal of Edison Chen

Abstract

Photo scandal of Edison Chen has been a hot issue not only in Hong Kong, but also in Mainland China and other countries because of the involvement of a number of celebrities. On public policy level, this raised questions and discussions about (1) the right to privacy, (2) the right to free speech, especially on the Internet, and (3) the ethical dilemma caused by the inevitable conflict between these two social values. On the other hand, the relevant discussions also reflect how sexual morality has a bearing on Internet policy and policy concerning privacy. In this chapter, the investigation would be conducted under the following topics: (1) Is there anything wrong with taking and keeping sexually explicit photographs of oneself and one’s sexual partner when there is mutual consent? (2) Has Edison Chen done anything wrong? (3) What exactly are the issues involved in the case of photo scandal of Edison Chen? (4) Is there anything wrong in viewing and transmitting personal photographs that are illegitimately obtained? (5) Did the government and the court handle the case properly? Why?