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Between the law and morality
THERE are many ways to interpret the sex photo scandal of Hong Kong pop
stars. But the core of the matter, as I see it, is the wrangling between
the law and morality.
On the legal side, it is not hard to pinpoint who broke the law. If you
take your notebook computer to a repair shop and the repairman makes a
copy of your hard drive without your permission, that is stealing, pure
and simple. For those netizens who disagree, let me give an analogy: Say
you call a cable repairman to your home to fix the line, and he gets
curious about the contents of your closet and removes something, that
would be against any rule of ethics or law. There is no way you can
explain it away by saying you stumbled upon it or the item you took
could be incriminating evidence against the customer.
If the repairman happened to notice Edison Chen’s photos - the actor at
the center of the scandal - which he felt were immoral or illegal, he
should have called the authorities instead of snooping around other
people’s private lives.
What Chen did with his lovers was not illegal if (a) the women were not
coerced, (b) they were not underage when the photos were taken, or (c)
he did not intend to publicize the photos. From what we know now, it
seems to be the case. So, from a legal perspective, Chen and the
starlets were victims.
Yet, when you search and research online, the predominant reaction is
against Chen, and not the one who filched his digital files. That is
because the digital thief did not seem to have any commercial or
malicious intention. He just shared his loot with some friends, and one
of them could not resist the temptation to share it with the vast online
populace.
It is obviously inappropriate to spread photos of such a private nature,
but one cannot equate the human weakness of curiosity with the
deliberate violation of the law. If anyone who has looked at the images
has broken the law, there would not be a prison large enough to hold all
the offenders.
The Hong Kong police belatedly tried to draw a fine line between those
who share with friends and those who transmit indiscriminately, but it
only turned the incident into an endless stream of titillation.
Moreover, by actively prosecuting the case, the Hong Kong police caused
a backlash from netizens who accused the police of selective enforcement
of the law: Why do you go after a few net users while everything was
initiated by the star? They argued.
True, Chen and his bedfellows should help the police in their
investigations, but what they did falls mostly into the moral realm. The
licentiousness may have caught many by surprise. That is because
ordinary people were duped by the giant machine of the entertainment
industry, which excels at fabricating the public personas of pop idols.
Chen is portrayed as a nice, wholesome boy and Gillian Chung, one half
of the singing duo, The Twins, as an innocent girl who believes in
chastity before marriage. Those who believe this are simply fools. Wake
up! What you see is just a role they play.
You would be disillusioned if you see them as role models. Many are not,
except for their good looks. I do not sympathize with them because when
they get into the business of being an idol, they implicitly follow the
rules and play their roles, agreed or thrust upon them. If they play
fast and loose, they must be held responsible for the occupational
hazards that may ensue. The age of innocence has long gone. This scandal
only makes it clearer.
—The Daily Mail, China Daily news exchange item |