A basic legal framework on intermediary liability beyond copyright infringement is absent in Hong Kong's law and jurisprudence. On 31 October 2019, the High Court handed down an interim injunction against the "promotion, encouragement and incitement of the use or threat of violence via Internet-based platform or medium". Subsequently, the High Court amended its injunction to restrain only those who willfully assist others in posting inciting material online. In other words, online service providers (OSPs) are not in breach of the injunction, even if they enable posts to be made on their platforms without knowing the facts or contents of such publications. Furthermore, the injunction does not impose a positive duty on OSPs to search for or filter out unlawful content uploaded by others.

The Telecommunications (Registration of SIM Cards) Regulation came into effect in September 2021 to implement the Real-name Registration Programme for Subscriber Identification Module (SIM) Cards. According to Art. 5 of the Regulation, telecommunications operators must not activate SIM cards unless users have registered their personal data, including their full name in English and Chinese, HKID number or other identity document number, a copy of their identity document and date of birth.

Hong Kong is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).

Hong Kong is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), and its commitments also cover the services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).

Under the Communications Authority Ordinance and the Companies Ordinance, there are no ownership restrictions for telecommunications, the manufacture of information and communication technology goods and products, computer and related services, and online broadcasting. In addition, it is reported that there are no foreign ownership limitations in the telecom sector.

Hong Kong is a party to the Patent Cooperation Treaty (PCT).

Hong Kong has a clear regime of copyright exceptions that follows the fair dealing model under the Copyright Ordinance, which enables the lawful use of copyrighted work by others without obtaining permission. These exceptions include research, private study, criticism, reviews and news reporting.

Copyright is not adequately enforced online in Hong Kong. Piracy through illicit streaming devices (ISDs) is reportedly on the rise in Hong Kong, posing a direct threat to content creators, sports leagues and live performances, as well as legitimate providers of streaming, on-demand and over-the-top media services. In addition, Hong Kong's failure to modernise its copyright system has left it vulnerable to digital copyright piracy, particularly from illicit streaming websites and streaming devices (ISDs), with negative ramifications for businesses and innovators.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Hong Kong has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

India has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

India has enacted national legislation, namely the Information Technology Act, which is influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Section 4 of the "Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021" provides that significant social media intermediaries, meaning social media intermediaries having a number of registered users in India above such threshold as may be notified by the government, and online gaming intermediaries that enable users to access any permissible online real‑money game, are required to appoint a Chief Compliance Officer, a Nodal Contact Person, and a Resident Grievance Officer, all of whom must be residents of India. Such intermediaries are also required to maintain a physical contact address in India and to publish this address on their website, mobile‑based application, or both.