Cecilia Cheung
Patrick Tse Yin
The Edison Chen photo scandal was a scandal in early 2008 that received high profile media attention in Hong Kong (later in Asia), and shook the local entertainment industry as well as the general public. It involved the illegal distribution and circulation of thousands of intimate photographs of Hong Kong actor Edison Chen and/or with various actresses, including but not limited to, Gillian Chung, Bobo Chan, and Cecilia Cheung on the Internet.
Despite enlisting the assistance of Interpol, the Hong Kong police have not been able to stem the spread of the photographs. As of 12 February 2008, ten people were arrested in connection with the distribution of the photographs. The police crackdown has instead raised questions over violations of the privacy and free speech rights of Internet users. The manner in which actors, their management, and the police have handled the situation has, in turn, made those arrested into heroes and martyrs for some netizens.
On 21 February, Chen admitted being the author of most of the photographs. However, he also stated that the private photographs had been stolen and published illegally without his consent. Chen vowed to take legal action to stop further proliferation of the photographs in order to protect the victims of the scandal,. He publicly apologised, and also announced that he would "step away indefinitely" from the Hong Kong entertainment industry.
History
In November 2006, Chen allegedly purchased a pink PowerBook from eLite Multimedia, a computer shop in Hong Kong's Central district.[8] According to the police, Chen's "Cotton-candy Mac" computer was sent in for repairs, and an estimated 1,300 intimate photographs of Chen and numerous female celebrities may have been accessed and copied by one or more of the shop's employees without consent.[9][10] Chen's photographs were reportedly taken some time between 2003[11] and 2006.[12]
One close friend indicated that Chen liked to take photographs during intimate moments with his sexual partners, of whom 14 were celebrities, and privately showed these to a select group of close friends.[13]
Exposure
The first photograph, depicting Chen and a female presumed to be Gillian Chung, was posted on the Web site Hong Kong Discuss Forum at approximately 8:30 p.m. on 27 January 2008. Although the original post was deleted after a few hours, some visitors forwarded the image to other major forums in Hong Kong such as Uwants and HKGolden. Chung's management agency, Emperor Entertainment Group (EEG), immediately challenged its authenticity, and filed a police report.
At 3 p.m. the day following EEG's statement, a second explicit photograph of Chen with another female presumed to be Bobo Chan appeared on the Internet. An emergency meeting was held at EEG immediately that evening after which the company declared that it would pursue the publisher of the image for this "irresponsible" and "malicious act." Gillian Chung was reportedly very distraught, had taken a leave of absence, and would not comment on the matter. Shaped by the denials, the initial media consensus was that the photographs had been manipulated.[14][15] The story became the headline of major local Hong Kong newspapers.
At 12:30 p.m. on 29 January, a higher resolution photograph appeared on the Internet. Journals noted the uncanny resemblance to Cecilia Cheung, noting her physical features and her distinctive tattoo set.[16] The photographs became the talk of the town, and local discussion forums became saturated as a result. A low-resolution sequence (photos 4 to 7) of Chen with a female resembling Chung wearing a bikini at the start of the sequence appeared at 3 p.m.; a photograph of Cecilia Cheung standing in a bathroom with her back facing the camera appeared at 6 p.m.[17] Journals established that the photographs were taken inside Chen's residence by comparing the backgrounds with known video footage.[18] Nevertheless, Cheung's solicitors denounced the upload as a "malicious, immoral and irresponsible act".[12] The police and photographic experts, who examined the images involving the first three female celebrities, said the photos were unlikely to have been composites.[19]
On 6 February, a forum user leaked hundreds more photographs in defiance of the police. The uploader, dubbed by the public as "Kira" with reference to the protagonist in the manga "Death Note" [20], stated he was not in Hong Kong, and promised to release a 32-minute video the next day.[21]
On 8 February, three pictures of a girl/young woman showering appeared on the Internet. The subject was rapidly identified as 18 year old Vincy Yeung (楊永晴), Edison's girlfriend and niece of Albert Yeung (Chairman of EEG).[22] The police confirmed these three images were part of the batch of 1,300 photographs known to them. Having said there were only six victims, the police explained the appearance of a seventh, saying that her photographs had been erroneously grouped with one of the other females.
On 14 February, two new photographs surfaced. One photograph featured an unidentified woman fellating Edison, and another showed Rachel Ngan lying on a bed.[23]
Statistics
This table breaks down the photographs by subject:
| Person Involved | Names per source | Photo count as of 10 Feb 2008 |
|---|---|---|
| Gillian Chung Yan-tung | 鍾欣桐 | 104 |
| Bobo Chan Man-woon | 陳文媛 | 116 |
| Cecilia Cheung Pak-chi | 張栢芝 | 143 |
| Rachel Ngan Wing-sze | 顏穎思 | 11 |
| Mandy Chen Yu-ju | 陳育嬬 | 40 |
| Candice Chan Si-wai | 陳思慧 | 48 |
| Vincy Yeung Wing-ching | 楊永晴 | 3 |
| Total | 465 | |
Bubbling under
On February 26, as Edison entered his sixth consecutive day of police interrogation, Sing Tao Daily revealed that a cache of computer disks and other storage devices containing in excess of ten thousand images were found from the search of Chen's residence. Five "new" celebrities were identified by police, who only referred to them cryptically as two television entertainers, a model whose career had moved overseas, and two singer-actresses,[25] of which one is from Taiwan.[26] Investigations were apparently hampered by Chen's caution, and by the lack of cooperation of the "new" female victims: some had left town; one had already publicly denied her involvement.[25] Cecilia Cheung was also reportedly uncooperative.[26] While the police suspected as yet hidden motives, Chen denied that he had been blackmailed. [25]
Police actions
Hong Kong
China News Service (CNS) reported that more than 100 police officers had been sent to investigate the case,[27] although Assistant Commissioner of Police (Crime) Vincent Wong Fook-chuen later declared that a team consisted of 19 officers from the Commercial Crime Bureau.[28]
The Hong Kong police moved on all Internet service providers to stamp out all local traces of the as yet unclassified "offensive material". The police met with more than 200 people responsible for major Hong Kong Web sites and BBS communities to urge them to delete the pictures on appearance "as they have the responsibility to stop crimes". Related discussion threads were progressively deleted[27] CNS reported the Hong Kong media as saying that police ordered several locally registered Web sites and BBS management firms to submit information about their clients, and had retrieved the IP addresses of more than 30 Internet users who allegedly posted photographs.[27]
On 31 January 2008, an unemployed man identified as 29 year-old Chung Yik-tin (鍾亦天) was arrested for allegedly uploading one image.[29]; twelve pictures were found on his computer. The next day he was arraigned but denied bail because he was suspected of blackmailing the actor and actresses. The case would reconvene eight weeks later,[30] and Chung Yik-tin was destined to spend Chinese New Year in detention. After investigating the connection between the suspect and artists, the police were satisfied that blackmail was not involved.[28][30]
On 2 February, police arrested four men and two women in connection with the distribution of the photographs. Of the six, three men and a woman were released on HK$20,000 bail and must report back to the police in eight weeks.[31] The police revealed that during 2007, Edison Chen brought his computer to a shop for repairs. Employees who discovered over 1,300 intimate photographs may have secretly copied these files.[32]
On 4 February, a 29-year-old man became the eighth person to be detained in connection with the Internet posting of nude photos.[4] On the same day, 23-year-old Sze Ho-Chun (史可隽) was arrested and charged with "dishonest use of computers with criminal intent", which has a maximum penalty of five years imprisonment. The man appeared in Eastern Court on 5 February,[33][28] where he denied the charge and was released on HK$50,000 bail. The case was adjourned to 22 February.[34]
Assistant Commissioner Wong said the source of the pictures had been traced, but he would not confirm reports stating that they had been taken from Chen's computer. He added that the authenticity of the photographs was no longer in question. Wong also said of the six women found in the photographs, four were local celebrities; two were not known to the police. None of the women were named.[28] Wong was certain that no overseas artists were involved.[33] Ignoring copyright laws, he said that it was not a crime to transfer the pictures to friends, but those who had posted the images to Internet Web pages could be in breach of the Hong Kong law. His statement has prompted some people to solicit for or send the picture files to their "friends" en masse by email.[28][33]
On 5 February, as another one of the suspects was released on HK$50,000 bail, six more related photographs surfaced on the Internet.[34] In the early hours on Chinese New Year's eve, several hundred more photographs with two new faces appeared on the Internet.[35]
The police arrested a tenth person in connection with the case on 10 February. Named as Kwok Chun-wai, a 24 year-old logistics clerk, he was charged with distribution of pornography.[36] He had allegedly posted the link to a local discussion forum after uploading a compressed file containing over a hundred images to a site in Cyprus. Kwok was released on HK$10,000 bail and was required to report to the police three times a week.[37]
Mainland China
Web sites on the mainland are usually more sensitive to political issues than to pornography, and for several weeks major sites such as Baidu permitted the images to be disseminated, attracting Hong Kong users.[38] During this time, photographs were also posted on the popular mainland China chat room, Tianya.com, and have been viewed nearly 20 million times a day.[39] Around 20 February however, mainland sites took action to prevent access to the photos.
A crackdown began in mainland China on the manufacturing, selling and spreading the CDs of the celebrity photos,[40] which sold "like hotcakes".[41] Police arrested 10 people suspected of the production in Shenzhen.[42]
On 21 February, police in Beijing announced it would act to stop the circulation of the photographs. Officials declared that showing the photos to friends or posting them on blogs or online forums, even without profit motive, could be punishable by detention for up to 15 days; transmission of more than 200 of the photos as a package on the internet would be met with criminal prosecution.[43]
Taiwan
A Taiwanese man aged 24, Huang Wei-lun, was arrested in Taipei county on suspicion of posting the explicit photos and videos in his blog and instructing net surfers how to download the images.[44] Police in Kaohsiung warned of the two year penalty for selling pornographic CDs, and raided shops and arcades where discs of Edison photographs have been selling slowly, for TWD100. One observer remarked that young people did not buy discs as they can get the photographs easily off the internet.[45]
Legal issues
Freedom of speech
Copyright, which could be a central issue, has been slighted. On 2 February, Commissioner of Police Tang King Shing warned that anyone with the pictures on their computer 'could be' in breach of the law, even if there was no record of distribution. The Commissioner's remarks led to lawmaker "Long Hair" Leung Kwok Hung's immediate objection. Leung and about two dozen people protested outside police headquarters in Wan Chai, accusing the police of sowing confusion and creating an atmosphere of "white terror" among netizens. Leung urged Commissioner Tang to clarify whether merely keeping the pictures violated the law.[46]
Selective application of the law
The police's selectiveness in this case, as compared with previous cases of pornography distribution on the Internet has also been the focus of attention.[47][48] Regina Ip said that police would commonly apply the law selectively, citing the difficulty of taking action against every person who had overstayed in Hong Kong. [49] Similarly local Chairman of the Internet Society[50] said that it would not be practical for the police to ticket every traffic offender.
Presumption of innocence
The denial of bail for Chung Yik-tin sparked controversy over the subjective application of the law. Legislator Ronny Tong accused the police of humiliating a suspect by their excessively hasty actions.[51] South China Morning Post (SCMP) columnist Tim Hamlett said the presumption of innocence was an issue.[52]
Commentary in Ming Pao also remarked on the widespread outrage about the perceived selective application of legal principles - that a person charged with an apparently minor offense being denied bail whilst two others, unnamed, with allegedly heavier involvement in the spread of the photographs were allowed out on bail.[53] A commentary in Apple Daily decried the "clear intimidation of netizens" by the police, and referred to the "hypocrisy in law enforcement" for arresting people without bringing the alleged main source and victim (Edison) for interrogation.[54]
Definition of "Obscenity"
While publishing an "Obscene" (淫褻) article carries a maximum sentence of 3 years, an "Indecent" (不雅) article only carries a maximum sentence of 12 months.[55] Ming Pao revealed on 14 February that it had received interim classification from the Obscene Articles Tribunal (OAT) relating to five photographs it had submitted for opinion. Three of these photographs were classified as "indecent" while two were considered "obscene". The only photograph which was in circulation on 27 January, allegedly posted by Chung Yik-tin, was "indecent". Thus, the journal raised the question that Chung may have been charged with a wrong offense. Also, the law applies only after OAT's classification. Since the police arrested and charged Chung prior to classification, some viewed the arrest as unlawful while some see his release, despite the fact he did upload at least stolen photo of the nude celebrities, as too lenient. An Assistant Professor at the University of Hong Kong questioned whether an amended charge of "Publishing an Indecent Article" applied to photographs uploaded onto the Internet.[51] At 3:30 p.m. on 15 February, Chung was unconditionally released from detention when charges against him were dropped.
Responses and apologies
After the exposure of the eighth photograph, Chen quietly left Hong Kong and flew to Boston to be with his girlfriend Vincy.
Chen's first statement
On 4 February 2008, Chen released a 90-second video clip in English to the press[56] in which he apologised to those who may have been affected by the posting of photographs. He did not comment on the authenticity of the photos.[33]
As of this evening, the police have made significant advances towards solving this malicious crime. As from the beginning I will continue to give the police my fullest cooperation to bring the perpetrators to justice. At this time I am not able to discuss matters related to the case, but I do feel it is my obligation to accept full responsibility and take action to help both the victims and those associated with them to heal their wounds. In this regard, I plead with everyone to please stop forwarding the images on the Internet. Furthermore, to completely rid the images from your computer. This is a small step that each one of us can take to help the innocent rebuild their lives. The priority now is for all of us to pitch in and help those in need.[57]
– Edison Chen, as posted to his blog
Chung's statement
Gillian Chung was the first starlet to make a public appearance when she greeted fans at a New Year celebration on 11 February 2008. After the meeting, she delivered a brief statement to the press in which she did not expressly state whether she was the subject of some of the photographs. Chung apologised for the hurt caused to those around her by her silliness and naivety, saying that she "had now grown up".[58][59][60] Emperor sought closure by stating that neither it nor any of its artists would be making any further statement about the incident.[58] The press conference drew mixed response from the media and the public - some praised her courage in facing the public while others complained of her insincerity and her refusal to face the issue squarely.[61] An Apple Daily commentary was particularly scathing about the hypocrisy of Chung and of her management company for only obliquely hinting at her "licentiousness."[54]
Chen's definitive statement
On 21 February, Edison held a press conference during which he asked for forgiveness and announced his retirement from the Hong Kong entertainment industry. He sincerely regretted harm he caused to the women involved and their and his families.
...I would like to say sorry to all the people of Hong Kong. I give my apologies sincerely to you all, unreservedly and with my heart... I know many young people in Hong Kong look up to many figures in society, and in this regard I failed as a role model[62].
– Edison Chen, press conference, 21 February 2008
Chen confirmed that the photographs were indeed his, and that they were private; the photographs made public were obtained without his consent.[63] Through his lawyer, Chen asserted the photographs were protected by his property rights, and that reproduction whether in whole or in part without his consent would constitute copyright infringement.[7]
Repercussions
For the police
On February 3, approximately 20 people, led by Leung Kwok-hung, protested the abuse of power by the police.
A week later, on February 10, protesters demonstrated against alleged "discriminatory" law enforcement against Internet users. The involvement of local celebrities led to complaints that the wave of arrests were indicative of a legal double standard.[64] Protesters claimed that the police failed to investigate other cases of nude photos being released without their subject's permission.[65]
Approximately 300 Internet users marched from Victoria Park to police headquarters in Wan Chai. They petitioned the police to apologize publicly, to release Chung Yik-tin, and to stop what protesters called an abuse of power.[66] They also demanded the resignation of Commissioner Tang King-shing.[67]
In the wake of the scandal, citizens also became more concerned about the integrity of the law, resulting in increased resentment towards the Hong Kong Police. In December 2007, Chief Inspector Cindy Kong was hit from behind by a truck,[68] but was unusually allowed to drink water prior to being breathalysed.[67] One month later, businessman Peter Lam was acquitted of a speeding offense due to legal technicalities.[69] Citizens cited these examples to show that, in Hong Kong, some were clearly more equal than others.[67]
The Police were widely condemned for their handling of the case. In a survey published by the SCMP, some 48% of people surveyed believed the Police had created unnecessary fear among the Internet community, and a similar percentage were dissatisfied with the police handling of the case. However, Assistant Commissioner Wong insisted that they had "not departed from normal practices" and had "acted correctly under the laws".[70]
International media attention
The news of the scandal has received international media attention, notably on CNN,[71] the Wall Street Journal,[72][73] the New York Times,[50] The Economist,[74] MSNBC,[75] the BBC,[76] The Guardian,[77] Le Figaro, Le Monde [78] and Der Spiegel.[79]
For Chen
On 5 February 2008, Chen was pulled from the upcoming Stephen Fung movie Jump as a result of the scandal.[80] On 10 February 2008, it was reported that credit card company Manhattan Titanium has withdrawn all advertisements featuring Chen.[81]
On 21 February, Edison Chen returned to Hong Kong. After being questioned by the police, he held a conference at the HITEC centre.[7] Many police officers protected Chen throughout the press conference, and some citizens complained about the waste of manpower. The police replied that, according to their risk assessment, their strong presence was essential to maintain public order due to the great public and media interest in the case.[82]
The triads reportedly offered a HK$500,000 reward to anybody who hacked off Edison Chen's hand.[83][84] This contributed to fears for Edison's safety upon his return, and heavy police protection.
The LA Times reported that Pepsi China, Standard Chartered Bank, Samsung, Levi's and the Hong Kong Metro, have dropped or declined to renew ad campaigns involving Chen.[85]
For Chung
Whilst Emperor declared that Gillian Chung was on sick leave, her fellow "Twin" Charlene Choi twice publicly denied rumours of suicide attempts by Chung -once was during the promotion of the film Kung Fu Dunk.[86] According to Hong Kong Disneyland Resort, their music video for the celebration of the Chinese New Year would have featured Twins, but has since been dropped because of Chung's involvement in the controversy. A new video featuring other artists was selected as a replacement.[87] Preparations for the Twins concerts in Hong Kong originally scheduled for 12-16 April were seriously affected, and the shows would be postponed until September.[88]
Chung's appearance at a charity programme on 17 February met with around 2,100 complaints to the Broadcasting Authority, 373 to TVB, and 202 to the Television and Entertainment Licensing Authority (TELA).[89] On 21 February the Broadcasting Authority decided that the complaints were outside its jurisdiction to consider, and passed all the correspondence received to TVB.[90]
On February 26, 2008, the South China Morning Post, citing the Dalian Evening News, reported that Chung and Nicholas Tse (husband of Cecilia Cheung) would no longer perform at the Beijing Olympics opening ceremony. Artistic Director, Zhang Yimou, dropped them for having been tainted by the nude photos scandal. Their management had no comment.[91]
For former female collaborators of Edison Chen
Jolin Tsai and Elva Hsiao have collaborated with Chen on various projects and are rumoured love interests of Chen. Some images of a Tsai lookalike have previously appeared. In an effort to contain the damage to their reputations, both issued statements through their agents that they had "never been involved with Chen." They each issued "rewards" of TWD100 million defying anyone to come forward with legally authenticated photographs,[92][93] and also threatened to seek full redress from any parties for "smears." Tsai urged the Hong Kong Police to publish a list of the persons involved, so that "innocents can be spared."[93]
For the Press
The blanket coverage of the local press, their reporting style, and the appearance of photographs has also been met with public complaints to TELA.[37][49] TELA suspects at least two journals of violating the Obscene Articles Ordinance, and sent copies of issue #936 of Next Magazine and issue #531 of the Oriental Sunday magazine to the OAT for classification.[94] The Tribunal returned an interim classification of "Class I", meaning the magazines were "neither obscene nor indecent", and TELA demanded a full public hearing to review its decision.[95]Michelangelo's "David" as "indecent" by adhering rigidly to a definition.[96] The OAT, the method of selecting its adjudicators, and the Obscene Articles Ordinance, are under fire. It reportedly classified
For the public in Hong Kong
The scandal has shocked the general public and ignited debate about sexual morality. When legislator Timothy Fok asked Chief Executive Donald Tsang whether the scandal affected Hong Kong's reputation as a regional hub, Tsang replied that it was "a serious issue which demanded [...] further follow-up".[97]
For Baidu
The images reached China mostly through an image-sharing service on Baidu (Tieba).[98] Beijing Network News Council (BNCC) held a meeting on February 18 to discuss the "romantic pictures", and criticised Baidu for spreading the pictures.[99]
Other Web sites that actively discouraged the photo distribution, namely Sohu, Sina and Netease, were praised by BNCC.[98]
