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The following is issued on behalf of the Communications Authority:
This press release summarises the outcome of the Communications Authority's (CA) deliberations in August:
The CA considered a complaint case against SmarTone Mobile Communications Limited (SmarTone) for breaching section 7M of the Telecommunications Ordinance (TO) (Cap. 106). The complainant alleged that the representations made in SmarTone's website about the charges for browsing SmarTone iN! WAP pages were misleading or deceptive, thereby contravening section 7M. Having considered the findings of the investigation conducted by the Office of the Communications Authority (OFCA), the CA is of the view that SmarTone had engaged in misleading or deceptive conduct in breach of section 7M of the TO. The CA concluded that a financial penalty of HK$100,000 imposed on SmarTone is proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decisions published on the CA's website (http://www.coms-auth.hk/filemanager/common/policies_regulations/ca_decisions/Smartone_finalDecision_20120815_e.pdf).
The CA considered another complaint case against Intelligence Telecom Marketing Limited (ITM) for breaching section 7M of the TO. ITM is a class licensee under section 8(1)(aa) of the TO for the offer of IDD1560 service operated by its associated company, P&P Corporation Limited, a Services-Based Operator Licensee. China Mobile Hong Kong Company Limited (CMHK) made a complaint in June 2011 that a number of its customers had received phone calls from salespersons who identified themselves to be "PEOPLES' representatives" (Note), "PEOPLES' staff" or "PEOPLES' ex-staff" and who then promoted to these customers the IDD1560 or other IDD services which were not provided by CMHK. CMHK alleged that neither its own staff nor any of its agents had made any such phone calls, and requested the OFCA to look into these suspected cases of misleading or deceptive sales conduct. Having considered the findings of the investigation conducted by the OFCA, the CA is of the view that ITM had engaged in misleading or deceptive conduct in breach of section 7M of the TO. The CA concluded that a financial penalty of HK$50,000 imposed on ITM is proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decisions published on the CA's website (http://www.coms-auth.hk/filemanager/common/policies_regulations/ca_decisions/ITM_finalDecision_20120815_e.pdf).
The CA also considered four complaint cases in respect of the broadcasters' non-compliance with the relevant codes of practice on programme and advertising standards:
(a) complaints against the television programme "§Ú·Rªð´M¨ý" broadcast on the TVS Channel of Asia Television Limited (ATV) from December 2011 to March 2012. The CA decided that ATV should be warned to observe more closely the relevant provisions in the Generic Code of Practice on Television Programme Standards (TV Programme Code) and the Generic Code of Practice on Television Advertising Standards (TV Advertising Code);
(b) a complaint against the television programme ¡§Have Fun Everyday¡¨ broadcast on the TVS Channel of ATV on March 23, 2012. The CA decided that ATV should be warned to observe more closely the relevant provisions in the TV Programme Code;
(c) a complaint against the television programme "½å©d¨}¥À" broadcast on the SZTV Channel of ATV on March 15, 2012. The CA decided that ATV should be strongly advised to observe more closely the relevant provisions in the TV Programme Code; and
(d) a complaint against the radio programme "Rightable Wrong" broadcast on the Radio 2 Channel of Radio Television Hong Kong (RTHK) on April 5, 2012. The CA decided that RTHK should be advised to observe more closely the relevant provisions in the Radio Code of Practice on Programme Standards.
Further details of the above cases are at the Appendix.
Note: "PEOPLES" was the brand name used by CMHK at the time.
Ends/Friday, August 31, 2012
Issued at HKT 16:35
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