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The following is issued on behalf of the Communications Authority:
This press release summarises the Communications Authority's (CA) decisions made in December 2013:
Public views sought on regulation of editorial
programmes and personal view programmes
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The CA today (December 17) issued a consultation paper to invite views from the public on the proposed amendments to the relevant provisions of its Codes of Practice governing editorial programmes and personal view programmes (PVPs). The consultation will last for two months until February 17, 2014.
The existing Generic Code of Practice on Television Programme Standards, Radio Code of Practice on Programme Standards and Radio Code of Practice on Ancillary Visual Service Standards (collectively referred to as the Programme Codes) set out the requirements on accuracy, impartiality and fairness in factual programmes, which include PVPs.
The CA handled a series of complaint cases involving a large number of complaints about editorial-like programmes and PVPs broadcast by a domestic free television programme service licensee (free TV licensee) between September 2012 and January 2013. In considering the complaints, the CA noted that the way and manner in which the relevant programme was broadcast gave viewers a strong impression that it was an editorial representing the stance of the licensee. Despite strong public concerns on the broadcast of editorial-like programmes in such a format, the CA also noted that the existing Programme Codes did not expressly prohibit a licensee from expressing its views in a PVP. In order to address the public concerns over programmes presenting a licensee's views in the form of a PVP, the CA has conducted a review to examine whether the regulation of editorial-like programmes and PVPs under the existing Programme Codes meets public expectation.
The CA all along attaches paramount importance to freedom of expression and respects the editorial independence of licensees. In principle, licensees should have the right to express their own views through any platforms, including on their service. However, there should be sufficient safeguards to ensure that a suitable opportunity for response and a sufficiently broad range of views is provided and that the audience is adequately informed of the nature of the programmes so as to enable them to form their own assessment of the views expressed. The current review of the CA seeks to identify how the Programme Codes can be amended so as to strike a proper balance between licensees' right to freedom of expression and a more responsible use of their broadcast right which meets the aspirations of the community as a whole. The major proposals of the CA are as follows:
(a) Editorial programmes, being programmes which contain a broadcasting licensee's views or perspective on matters of public policy or controversial issues of public importance in Hong Kong, should be regarded as one type of PVP. It follows that the existing ground rules on PVPs viz accuracy, fairness, suitable opportunity for response and sufficiently broad range of views should apply to editorial programmes;
(b) The views of the "person providing the service" would be regarded as the views of the licensees. The "person providing the service" is proposed to be defined as the licensee and the persons exercising control of the licensee such as directors, principal officers and major voting controllers of a licensee;
(c) For a programme containing the views of the person providing the service, a suitable announcement should be made at the start of the programme to identify clearly that the views expressed therein are or include those of the person providing the service; and
(d) A suitable opportunity for response to a PVP should be provided on the same platform and target a like audience within an appropriate period.
The consultation document is available at the CA's website at www.coms-auth.hk/filemanager/en/content_711/cp20131217_e.pdf .
Members of the public are welcomed to give views and comments on the proposals on or before February 17, 2014, by post to the Communications Authority Secretariat, 20/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong; by fax to 2507 2219; or by email to consultation-cop@ofca.gov.hk .
For enquiries, please email consultation-cop@ofca.gov.hk or call the Licence Administration Section 21 at 2961 6456 or 2961 6309.
Application for deviations from channel-type
requirements by Digital Broadcasting Corporation
Hong Kong Limited
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The CA approved the application by Digital Broadcasting Corporation Hong Kong Limited (DBC) for it to deviate from the requirement of broadcasting one Leisure Life and one Community channel under its sound broadcasting licence (DBC's Licence) with retrospective effect from September 21, 2013, on the condition that DBC should broadcast one 24-hour Business News channel and one 24-hour Campus channel in replacement at all times thereafter.
Under DBC's Licence, unless with the approval of the CA, DBC is required to broadcast each day seven 24-hour sound broadcasting service channels of specified genres, including one Leisure Life channel and one Community channel, from September 21, 2013. It is also required to comply with the Licensee's Proposal it submitted when applying for the licence concerning, among others, the channel types of each of the seven channels.
On October 25, 2013, DBC submitted an application for the CA's approval with retrospective effect from September 21, 2013, for it to broadcast one Business News channel and one Campus channel in replacement of the Leisure Life channel and the Community channel as required under DBC's Licence. DBC submitted that it considered that the different programming line-up would be more attractive to its target listeners.
The CA considered that DBC should be given flexibility in its programming strategy so long as the interest of the listening public would not be compromised. The CA was satisfied that the proposed programming line-up would serve different groups of listeners and achieve the purpose of providing programme diversity. It was unlikely that listeners' interests would be compromised. The CA also noted that DBC was a novice in the broadcasting industry. After formally launching its service for one year since 2012, DBC should have gained experience and knowledge which would better equip it to assess its programming plan than was the case three years ago, when it first submitted the licence application in 2010. Taking into account the above and DBC's representations, the CA approved DBC's application.
Delay in launch of service by Times International
Media Group Limited
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The CA decided to seriously warn Times International Media Group Limited (TIMG) for failing to launch its service in accordance with the time frame set out in its Licensee's Proposal, which contravened Condition 10.1 of its non-domestic television programme service licence (TIMG's Licence). The CA also decided to issue a direction under section 24(1) of the Broadcasting Ordinance (Cap. 562) to require TIMG to launch its service by June 30, 2014 (the Direction).
Under TIMG's Licence, unless with the approval of the CA, TIMG is required to launch its service in the second half of 2007 in accordance with the Licensee's Proposal it submitted when applying for the licence. TIMG has yet to launch its service.
The CA considered that there was a delay for a prolonged period of time in the launch of service and TIMG had repeatedly postponed the target date for service launch. Notwithstanding the various difficulties cited by TIMG in launching its service, e.g. the shortage of supply of equipment, the delay in content production by its business partner, the relocation of its production centre, etc, TIMG as the licensee should remain responsible for ensuring compliance with the conditions of the Licence including the launch of service.
Taking into account the above and TIMG's representations, the CA decided that TIMG should be seriously warned to observe the relevant licence condition more closely. As TIMG has yet to launch its service, the CA further decided to issue the Direction to TIMG to require it to launch its service by June 30, 2014. Any failure to comply with the Direction by TIMG may lead to the imposition of heavier sanction, including revocation of licence, by the CA.
Breach of licence condition by GlobeCast Hong Kong
Limited
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The CA decided that GlobeCast Hong Kong Limited (GlobeCast) was in breach of Condition 15.2 of its non-domestic television programme service licence for its failure to notify the CA as soon as practicable of the cessation of four channels on its television service. The time lapse between GlobeCast's notification on August 9, 2013, and the effective dates of the cessation of the four channels (three on March 1, 2009, and one on April 28, 2009) was more than four years. Taking into account GlobeCast's representations, the duration and severity of the breach and that this was the second lapse of GlobeCast, the CA decided that GlobeCast should be warned to observe more closely the relevant licence condition.
Complaint cases
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In May 2013, the Office of the Communications Authority (OFCA) conducted an investigation into a complaint lodged by a member of the public. During the investigation, OFCA found that a radio base station had been operated by China Mobile Hong Kong Company Limited (China Mobile) without the prior approval of the CA. Having considered the findings of OFCA and the representations made by China Mobile on the case, the CA was of the view that China Mobile had failed to comply with General Condition 12.1 of its Unified Carrier Licence. The CA concluded that a financial penalty of HK$80,000 imposed on China Mobile was proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decision which is published at www.coms-auth.hk/filemanager/statement/en/upload/245/ChinaMobile_FinalDecision_e.pdf .
The CA considered a complaint case against Hutchison Global Communications Limited (HGC) for breaching section 7M of the Telecommunications Ordinance (Cap. 106) (TO). The complainant alleged that the representations made by a salesperson of HGC in relation to the renewal of his residential fixed line service contract were misleading or deceptive. According to the complainant, the salesperson had repeatedly stated that the monthly charge of HGC's renewal offer was the same as his existing contract, but in fact it was higher than the actual amount he was paying. Having considered the findings of the investigation conducted by OFCA, the CA was of the view that HGC 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 HGC was proportionate and reasonable in relation to the breach concerned. For details, please refer to the CA's Decision which is published at www.coms-auth.hk/filemanager/statement/en/upload/243/hgc_FinalDecision_e.pdf .
The CA also considered a public complaint against the broadcast of the television advertisement for "GuJingGong Liquor" on the CCTV-1 Channel of Asia Television Limited (ATV) on February 19, 2013. The CA decided that ATV should be strongly advised to observe more closely the relevant provision of the Generic Code of Practice on Television Advertising Standards (TV Advertising Code). Details of the above case are at www.coms-auth.hk/filemanager/en/content_713/appx_20131217_en.pdf.
Ends/Tuesday, December 17, 2013
Issued at HKT 16:43
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