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The following is issued on behalf of the Broadcasting Authority:
This month (January), the Broadcasting Authority (BA) granted an exemption for all acquired direct live satellite feed on digital programme service channels of the domestic free television programme service licensees from the requirements to provide announcements in the public interest (APIs) and BA publicity material on a programme service channel basis, provided that such exemption shall be applicable only if the licensee is prohibited from inserting its own advertisement or promotional materials on the programme service channel.
The BA considered that the exemption would give licensees flexibility to introduce new channels from outside Hong Kong through the local digital terrestrial platform, thereby enhancing the programming choice of the local viewing public.
The BA had imposed a financial penalty of $80,000 on Television Broadcasts Limited (TVB) for contravention of section 3(2)(b) of Schedule 1 to the Broadcasting Ordinance (Cap. 562) and Condition 12 of its domestic free television programme service licence (Note 1) by allowing six directors to exercise control of the company in the capacity of disqualified persons without the requisite approval of the Chief Executive in Council during various periods since July, 2001, for 1.5 years to 6 years.
The Chief Executive in Council also disapproved the applications of one of the concerned directors to continue exercising control of TVB in the capacity of disqualified persons. The BA had directed TVB to discontinue the breach forthwith within one month and reminded TVB to adhere to its internal compliance system regarding the statutory requirements to avoid recurrence of similar lapses in future. The BA noted that the director concerned had since resigned as TVB's director, effective from January 22.
The BA noted that in December, 2007, the Commissioner for Television and Entertainment Licensing dealt with 136 cases (314 complaints) under her delegated authority, of which four cases (five complaints) were classified as minor breaches, and 114 cases (291 complaints) as unsubstantiated, under section 11 of the Broadcasting Authority Ordinance. Eighteen cases (18 complaints) were outside the ambit of section 11 of the ordinance. Please refer to the BA website: www.hkba.hk for details of the complaints.
(Note 1) Section 3(2)(b) of Schedule 1 to the Broadcasting Ordinance provides that a person shall not exercise control of a relevant licensee if he is a disqualified person unless the Chief Executive in Council approves otherwise. Condition 12 of the domestic free television programme service licence of TVB provides that the licensee shall ensure that the officers, employees and associates of the licensee, and any other person acting for or on behalf of the licensee, shall not act or permit any contravention of, inter alia, any provision of the Broadcasting Ordinance.
Ends/Thursday, January 31, 2008
Issued at HKT 18:11
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