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The following is issued on behalf of the Communications Authority:
This press release summarises the Communications Authority (CA)'s decision at its 31st meeting, in May 2014.
The CA received over 27 000 public complaints about the programme "Scoop" (the programme) broadcast on the Jade and HD Jade Channels of Television Broadcasts Limited (TVB) on November 5, 2013, and repeated on the TVB Encore Channel of TVB Network Vision Limited (TVBNV) on November 6, 2013.
The main allegations of the complaints were that the programme was partial, misleading, inaccurate, distorting and concealing facts, and unfair to Hong Kong Television Network Limited (HKTVN), and that HKTVN was not given suitable opportunities to respond to the criticisms therein.
In considering the complaints, the CA noted that the programme was entirely dedicated to the discussion on the grant of domestic free television programme service licences (free TV licences), an issue that was a matter of significant public importance and concern at the time of broadcast. As such, the CA considered that it was a "current affairs programme" which adopted "an investigative style of reporting", and also a "factual programme" within the meaning of Chapter 9 of the Generic Code of Practice on Television Programme Standards (TV Programme Code). The programme had to satisfy the requirement of accuracy, impartiality and fairness in Chapter 9 of the TV Programme Code.
The CA considered that the programme had contravened Chapter 9 of the TV Programme Code governing accuracy, impartiality and fairness. The CA was of the view that:
(a) the programme did not present the topic of the grant of free TV licences with due impartiality by seeking balance, as far as possible, in its presentation of the range of viewpoints on the subject, particularly given that it was a matter of significant public importance and concern at the time of broadcast. It was slanted by concealment of facts or by misleading emphasis in respect of the comparison of the three applicants for free TV licences, which formed a significant part of the programme. As such, its overall presentation had a cumulative effect of projecting a biased impression against HKTVN (paragraphs 2 and 3 of Chapter 9 of the TV Programme Code);
(b) for the reasons set out in (a) above, the programme misled the audience in a way that was unfair to HKTVN (paragraph 9 of Chapter 9);
(c) the impression created by the programme was that HKTVN was an inferior applicant for a free TV licence compared to the other two applicants for free TV licences. The programme contained a damaging critique of HKTVN which was capable of adversely affecting the reputation of HKTVN within the meaning of the TV Programme Code. It could be inferred from the relevant matters presented in the programme that TVB, in broadcasting the programme, and TVBNV in re-running the broadcast, did not take reasonable care to satisfy themselves that all material facts were, as far as possible, fairly presented in the programme, and HKTVN was not given an appropriate and timely opportunity to respond (paragraphs 15 and 16 of Chapter 9); and
(d) the programme also cited an inaccurate date for the Secretary for Commerce and Economic Development's speech which was likely to have caused some confusion to viewers (paragraph 1A of Chapter 9);
Taking into account the severity and nature of the lapses, the CA decided that a financial penalty of $50,000 should be imposed on TVB for breaching paragraphs 1A, 2, 3, 9, 15 and 16 of Chapter 9 of the TV Programme Code. As for TVBNV, having regard to the fact that the programme was a rerun of the same edition broadcast on TVB the previous day and that it was produced by TVB, the CA decided that TVBNV should be warned to observe more closely the relevant provisions in the TV Programme Code.
As the CA has received an exceptionally high volume of complaints in this case, the CA will not issue an individual reply to each of the complainants. Members of the public including the complainants concerned are invited to note details of the CA's decision on the case which has been published on the CA's website: www.coms-auth.hk/filemanager/en/content_713/appx_20140527_en.pdf.
Ends/Tuesday, May 27, 2014
Issued at HKT 17:22
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