Legalization of press control under democratic backsliding: The case of post-national security law Hong Kong

Abstract

During democratic backsliding, the state can curtail press freedom through the legalization of press control, that is, the establishment and utilization of legal instruments for the purpose of controlling the media and journalistic work. Drawing upon the literature on authoritarian rule of law, this article emphasizes that legalization of press control has to be examined by paying attention to both the conspicuous and subtle measures that constitute the legal minefield for journalism, the evolution of official discourses that aim at legitimizing the laws and their implementation, and the changing politics of self-censorship as journalists and the society react to emerging legal risks. The empirical analysis focuses on Hong Kong after the establishment of the National Security Law in June 2020. The article offers an updated analytical account of press freedom in Hong Kong and the conceptualization of a process possibly observable in other authoritarian states or hybrid regimes.