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The following is issued on behalf of the Broadcasting Authority:
In April 2008, the Broadcasting Authority (BA) reviewed the existing subtitling requirements for the English language services of Asia Television Limited (ATV) and Television Broadcasts Limited (TVB) (the licensees) and considered that the requirements should in principle be extended to cover other programme types during prime time from 7pm to 11pm. However, in the light of the launch of digital terrestrial television broadcasting in Hong Kong, the BA considered that the licensees should be allowed the opportunity to conduct technical trials on closed-captioning in their digital services before implementation of additional subtitling requirements so as to minimise adverse effects on viewing pleasure.
In reaching the conclusion, the BA took into account the opinions received during the one-month public consultation held in December 2007/January 2008 and the representations of the licensees. The BA noted that there was clear support from the opinions collected in the consultation exercise for extending the subtitling requirements for the English channels. The BA also noted that in their representations, the licensees had agreed, in principle, to meet additional English subtitling requirements. At present, the licensees provide voluntarily Chinese subtitles for most prime time programmes on their English channels for non-English speakers. Providing both English and Chinese subtitles on the same screen may, however, adversely affect viewing pleasure. The licensees submitted that they were prepared to employ the technology of closed-captioning in digital broadcasting, which would enable viewers to choose whether to display subtitles on screen according to their needs, so as to minimise adverse effects on viewing. The BA noted that digital terrestrial television broadcasting had been introduced in Hong Kong since December 31, 2007, and that viewers were gradually taking up digital broadcasting by upgrading their reception equipment. On balance, the licensees should be allowed the opportunity to conduct technical trials on closed-captioning before implementation of the additional subtitling requirements.
At present, ATV and TVB are required to provide, inter alia, English subtitles on their English language services for all news and weather programmes, current affairs programmes and emergency announcements as well as for the two hours per week of English programmes with educational value targeting teenagers. The objectives of the requirements are to cater for the needs of the hearing-impaired and for the purpose of enhancing viewers' English standards.
In April 2008, the BA also approved TVB Pay Vision Limited (TVBPV)'s application to include in its non-domestic television programme service a channel receivable by the public in Hong Kong as well as other territories in Asia.
TVBPV's non-domestic television programme service licence provides that the service or any part thereof should not be receivable by the public in or primarily targeting Hong Kong except with the approval of the BA. The requirement is intended to safeguard against possible domination of local television programming and possible abuse of dominance in the local television market by TVB, which wholly owned TVBPV (formerly Galaxy Satellite Broadcasting Limited) when its licence was granted in 1998. The BA noted that the channel concerned was a general entertainment channel in Putonghua, and it was not produced by TVB nor its subsidiaries and it did not primarily target Hong Kong, and the addition of the channel would not change the overall nature of the non-domestic TV programme service of TVBPV. TVB also now only holds 29% of the voting shares in TVBPV. The BA was satisfied that the approval will not compromise the regulatory safeguard in place.
Regarding public complaints against broadcasting programmes, the BA considered one case concerning two public complaints. The case concerned the television programme "Vietnam Texas" broadcast on the MGM Channel of Hong Kong Cable Television Limited (HKCTV) and PCCW Media Limited's (PCCW Media) NOW TV on October 21, 2007, from 9pm to 10.45pm. The licensees were each given an advice to observe more closely the relevant programme code. Please see Appendix for details.
Lastly, the BA noted that in March 2008, the Commissioner for Television and Entertainment Licensing (CTEL) dealt with 160 cases (454 complaints) under her delegated authority. Among them, five cases (five complaints) were classified as minor breaches, and 111 cases (358 complaints) as unsubstantiated, whilst 44 cases (91 complaints) were outside the ambit of section 11 of the Broadcasting Authority Ordinance (BAO). The monthly complaints figures dealt with by the CTEL since January 2008 are shown in Figure 1. A breakdown of the unsubstantiated cases by nature is at Figure 2. Please refer to the BA website, www.hkba.hk, for details of the complaints.
Appendix
Summary of Substantiated Complaint Case
Case - Television programme "Vietnam Texas" broadcast on the MGM Channel of Hong Kong Cable Television Limited (HKCTV) and PCCW Media Limited's (PCCW Media) NOW TV on October 21, 2007, from 9pm to 10.45pm.
Two members of the public complained that the programme broadcast on Hong Kong Cable Television Limited (HKCTV) contained Cantonese foul language. Upon investigation, it was found that the same programme was also broadcast on the MGM Channel of NOW TV on the same date and time.
The BA noted that (i) the programme concerned was broadcast on the MGM Channel of HKCTV and NOW TV on the same date and time; (ii) MGM Channel was a direct retransmission channel for general viewing; (iii) prior to the broadcast of the programme, there was a warning caption that "the following programme contains material that may disturb some viewers and children. Parental guidance is advised" but the warning had no specific reference to language or adult viewing; (iv) in two scenes of the programme, some downright offensive expressions in Cantonese were uttered; and (v) paragraph 7 of Chapter 4 of the Generic Code of Practice on Television Programme Standards (TV Programme Code) stipulated that the use of downright offensive language may only be permitted in programmes or on channels restricted for adults on domestic pay television programme services.
The BA considered that the concerned expressions were downright offensive language and could not be permitted in programmes or channels other than those restricted for adults and that the warning caption could not give viewers the impression that the programme was restricted for adults. HKCTV and PCCW Media were accordingly each given an advice to observe more closely paragraph 7 of Chapter 4 of the TV Programme Code.
Ends/Friday, May 2, 2008
Issued at HKT 20:14
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