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The following is issued on behalf of the Broadcasting Authority:
At its meeting in November 2008, the Broadcasting Authority (BA) approved the recommendations of the Codes of Practice Committee (CPC) to revise the Generic Code of Practice on Television Programme Standards, the Generic Code of Practice on Television Advertising Standards, and the Radio Code of Practice on Advertising Standards to provide for:
(A) advertising of certain nicotine replacement therapy products subject to specified conditions to restrict the broadcast hours and promote safe use of such products;
(B) relaxation of the requirement for identification of repeat children's programmes on domestic free television programme services to cover only those repeats shown within a week since their last broadcast;
(C) relaxation for announcements of programme changes in the form of superimposed text within television programmes; and
(D) relaxation for in-programme promotions on domestic free and domestic pay television programme services.
Details of the above revisions to the codes of practices are at Appendix.
At the same meeting, the BA 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 places in the Asia Pacific region. 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. In approving TVBPV's application, the BA considered that the channel concerned would be a general entertainment channel in Putonghua; it would not be primarily targeting Hong Kong; and the addition of the channel would not change the overall nature of the non-domestic TV programme service of TVBPV.
The BA also approved the application by Golden News Enterprises Limited for an "other licensable television programme service licence" for the provision of television programme service in hotel rooms in Hong Kong. The period of validity of the licence is 12 years, from November 15, 2008, to November 14, 2020 (both dates inclusive). There are now altogether 26 "other licensable television programme service licensees" providing services to about 80 hotels in Hong Kong.
The BA notes that in October 2008 the Commissioner for Television and Entertainment Licensing (CTEL) dealt with 120 cases (316 complaints) under her delegated authority, of which eight cases (eight complaints) were classified as minor breaches and 85 cases (204 complaints) as unsubstantiated. Twenty-seven cases (104 complaints) were held outside the ambit of the Broadcasting Authority Ordinance. The monthly complaint figures dealt with by the CTEL since January 2008 are shown in Figure 1. A chart showing the nature of the unsubstantiated complaints in October 2008 is at Figure 2. Please refer to the BA website, www.hkba.hk, for details of the complaints.
Appendix
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Revisions to the Generic Code of Practice on Television Programme Standards (TV programme code), Generic Code of Practice on Television Advertising Standards (TV advertising code), and Radio Code of Practice on Advertising Standards (radio advertising code)
(A) Advertising of nicotine replacement therapy products
Under the existing TV and radio advertising codes, advertisements for products and services concerned with smoking cures are prohibited for broadcasting through television and radio. The BA noted the Government's anti-smoking policy and that the nicotine replacement therapy (NRT) products (a common type of smoking cessation product) listed in Part II of the Schedule to the Poisons List Regulations (Cap. 138 sub. leg. B) are found to be sufficiently safe to be available for self-selection by smokers who wish to quit smoking. Taking account of the above, the BA considered that the public should be able to have access to the relevant information on these smoking cessation products through television and radio.
To promote safe use of the advertised NRT products which should not target children and youth and to ensure that advertisement of such products will not encourage smoking as prohibited under the Smoking (Public Health) Ordinance (Cap. 371), the BA decided that advertisements for NRT products should be allowed but subject to the following conditions: -
(a) compliance with all relevant provisions relating to tobacco advertisements, including any illustration or mentioning of smoking, under the Smoking (Public Health) Ordinance;
(b) restriction against broadcasting between the hours of 4pm and 8.30pm on the domestic free TV services (i.e. family viewing hours) and on sound broadcasting services; within and in proximity to children's programmes or at times when programmes, in the opinion of the BA, target young persons under the age of 18;
(c) presentation that the advertised NRT products are only aids for smoking cessation;
(d) restriction against claiming that NRT products can cure smoking addiction and/or that smoking is made safer while the habit is reduced; and
(e) inclusion of advisory message that the audience should consult healthcare professionals for details of the advertised products.
(B) Identification of repeat children's programmes
Under the existing TV programme code, the domestic free television programme service licensees are required to identify any children's programmes as repeats in advance either on air or in the published programme schedule. This requirement serves to avoid confusion which may be caused by any references to contemporaneous events or activities in the programme.
The BA has extended in November 2006 the provision governing accuracy of factual content of programmes to cover children's programmes with educational purposes, thus rendering the identification requirement not essential. The BA considered that a gradual relaxation should be more acceptable to viewers and accordingly approved that the identification requirement only applies to children's programmes repeated within one week from their last broadcasts.
(C) Announcement of programme changes
Under the existing TV advertising code, television licensees are generally not allowed to broadcast non-programme materials (including programme change announcements) within programmes. Having considered the licensees' request for more flexibility in making programme change announcements and noting viewers' general concern that such announcements should be made in a timely manner by the licensees, the BA approved the announcements of programme changes in the form of superimposed text within programmes to provide an additional means for licensees to broadcast such announcements. The following specified conditions are imposed to safeguard viewing interest and to protect child viewers: -
(a) restrictions on the information provided, and presentation and broadcast frequency as stipulated in paragraph 15A(a) to (d) of Chapter 12 of the TV Programme Code (Note 1) ; and
(b) such announcement should not be made within programmes targeting children when it involves a programme of higher programme classification. For example, such announcement in relation to changes in scheduling of "PG" (Parental Guidance Recommended) programme(s) should not be made in a programme targeting children and for general viewing.
(D) In-programme promotions
Under the existing TV programme code, promotional materials broadcast within programmes are subject to restrictions on presentation to safeguard viewing interest. The restrictions are imposed on the basis that the licensees have editorial control over the presentation of the programmes concerned. Having considered the submission of the domestic free television programme service licensees that they may not have editorial control over the presentation of programmes/channels acquired for direct re-transmission, the BA approved the exemption of such programmes/channels in domestic free television programme services from the restrictions. The same exemption has been granted to the domestic pay television programme service licensees. The BA also extended the duration of such promotion in a programme segment from 8 to 10 seconds for both domestic free and domestic pay television programme services to facilitate viewing of the material by viewers.
The revised provisions under the TV programme code, TV advertising code and radio advertising code for items (A) to (D) above will take effect in December 2008 upon gazettal.
Note 1:
Paragraph 15A(a) to (d) of Chapter 12 of the TV programme code stipulates that :
(a) the superimposition should be mute and should not obtrude on viewing pleasure and entertainment;
(b) the superimposition should appear not more than once and not more than 10 seconds within the same programme segment;
(c) the text superimposed on screen should not be split up into different parts appearing at different times within the same programme segment; and
(d) the text superimposed should be in a readily legible typeface. It should be superimposed on the top left or right corner of the television screen.
Ends/Monday, December 1, 2008
Issued at HKT 16:56
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