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The following is issued on behalf of the Broadcasting Authority:
At its meeting this month (October), the Broadcasting Authority approved the revision of the Generic Code of Practice on Television Technical Standards (Technical Code) having regard to the recommendation made by its Codes of Practice Committee.
The revision was to append a new chapter in the Technical Code to specify the technical standards for digital terrestrial television (DTT) programme services to be launched by the two domestic free television programme service licensees in the near future. The new chapter would set out the technical requirements for video signals, audio signals, electronic programme guide, and subtitle, etc. of the DTT programme service.
In accordance with the requirements under the Broadcasting Ordinance, the Telecommunications Authority and the relevant licensees had been consulted. The amended Technical Code will take effect in November upon gazettal.
In October, the authority approved the application of TVB Pay Vision Limited (TVBPV) for proposed changes in its shareholding structure, which involved the acquisition of 20% interest in TVBPV by a new investor. After the shareholding changes, Television Broadcasts Limited's indirect interest in TVBPV would be reduced from 49% to 29%.
In the same month, the authority approved the applications of Kowloon Panda Hotel Limited and Gala Hotels Limited for renewal of their respective other licensable television programme service licences to provide television programme services in hotel rooms.
In relation to complaint cases, the authority at the meeting considered a complaint about the provision of the Cable No 1 Channel for a one-off nominal fee of $10 by Hong Kong Cable Television Limited unjustified. The authority also considered in September one public complaint case substantiated. The case was about the television programme "The Haute Tension"(血色月亮) broadcast on the Movie Channel 2 of Hong Kong Cable Television Limited (HKCTV) on April 28, from 10am to 11.35am. Details of these complaints are at Appendix.
The authority noted that in September, the Commissioner for Television and Entertainment Licensing dealt with 119 cases (176 complaints) under her delegated authority, of which four cases (four complaints) were classified as minor breaches, and 79 cases (136 complaints) as unsubstantiated, under section 11 of the Broadcasting Authority Ordinance (BAO). 36 cases (36 complaints) were outside section 11 of the BAO. Please refer to the BA website: www.hkba.hk for details of the complaints.
Appendix:
Summary of Complaint Cases
Case 1 - Complaint about the Provision of the Cable No 1 Channel for a One-off Nominal Fee of $10 by Hong Kong Cable Television Limited (HKCTV)
The authority received a complaint alleging that the Cable No 1 Channel provided by HKCTV, a domestic pay television programme service licensee, and charging for a one-off nominal fee of $10, constituted a domestic free television programme service. The substance of the complaint was that HKCTV was providing a domestic free television programme service without a proper licence, in breach of section 5(1) of the Broadcasting Ordinance (BO) (Cap. 562).
Section 5(1) of the BO provides that a person shall not provide a broadcasting service except under and in accordance with a licence. Under section 2(1) of the BO, "broadcasting service" refers to four types of licensable television programme services, namely domestic free television programme service, domestic pay television programme service, non-domestic television programme service and other licensable television programme service. Under the same section, "domestic free television programme service" means a television programme service which, among others, is intended or available for reception by the public free of charge in Hong Kong and "domestic pay television programme service" requires a television programme service to be intended or available for reception by the public, on payment, whether periodically or otherwise, of a subscription in Hong Kong. "Subscription" means a fee payable by or on behalf of any person for the right to view a television programme service in Hong Kong.
After careful consideration of the submissions of the contending parties and legal advice, the authority decided that the service was a domestic pay television programme service and the complaint was unsubstantiated on the following grounds:
(a) in order to view the service, a subscriber is required to pay a one-off set-top box purchase fee of $500, a one-off installation fee of $300 and an annual set-top box maintenance fee of $50 (payable from the second year of subscription), in addition to the one-off service fee of $10. These fees charged by HKCTV are consideration for the right to view the service and the authority considered that they constitute payment of a subscription meeting the requirements of a domestic pay television programme service under the BO; and
(b) a subscriber to the service has to enter into a contractual relationship with HKCTV and in doing so makes a conscious decision to pay the sum in (a) above for the right to view the service.
Case 2 - Television programme "The Haute Tension"(血色月亮) broadcast on the Movie Channel 2 of HKCTV on April 28 from 10am to 11.35am
A member of the public complained that the programme contained bloody presentation which included decapitation, blood bursting and mutilation and amputation of limbs and body parts. The complainant alleged that such gory depictions were unsuitable for broadcast at the scheduled hours as it would exert a bad influence on children.
The authority noted that (i) the programme was a feature film about brutal serial killing. Extensive killing depictions were found in the programme; (ii) the movie was broadcast on Saturday morning and was repeated because of schedule rotation; (iii) a warning caption "本節目不適合兒童觀看 (Not Suitable for Children), 成人內容 (Adult Content), 裸露/性愛 (Sex/Nudity), 暴力/可怖內容 (Violence/Horror)", accompanied by a voice-over stating "本節目不適合兒童觀看，敬請留意" was shown prior to its broadcast; and (iv) Cable Movie 2 was a pay TV channel included in Cable TV's basic package. It was perceived as a general viewing channel which offered different kinds of movies, some were for general viewing while others required parental guidance or were unsuitable for children.
The authority considered that (i) Cable Movie 2 Channel was a channel offering different range of movies, some of which were suitable for general viewing. The concerned programme, however, was not suitable for children; (ii) the programme under complaint contained gory and violent depiction; (iii) the programme was broadcast on a Saturday morning when some students were on holiday and it was likely that some minors might have been exposed to the problematic materials featured in the programme; and (iv) notwithstanding the provision of relevant warnings or labeling for the viewers, this did not diminish HKCTV's responsibility for sensitive scheduling of programmes to reduce the risk of causing offence to the minimum.
HKCTV was given an advice to observe paragraph 2 of Chapter 8 of the Generic Code of Practice on Television Programme Standards which stipulates licensee's responsibility for sensitive scheduling of programme.
Ends/Tuesday, October 30, 2007
Issued at HKT 16:33
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