LCQ11: Regulation of online advertisements
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Question:
It has been reported that online media are currently prevalent, with a large volume of advertisements interspersed therein. Many people, when playing games or watching videos online, frequently receive pop-up advertisements that attract attention by means of menaces (e.g. misleading messages containing words such as "warning" or "caution", or claiming that mobile phone applications have expired or that storage space is full), causing people to unknowingly click on the advertisements to check and view them. Some members of the industry have pointed out that the contents of some online advertisements are only vetted by online platforms and AI on their own, and that anyone who possesses an email address and a credit card can place programmatic advertisements on online platforms, and can even choose to deliver such advertisements according to the age of the target audience and user preferences. Furthermore, deceptive advertisements involving scams continue to emerge in an endless stream, including those using AI deepfake technology to impersonate celebrities or experts to commit fraud. In this connection, will the Government inform this Council:
(1) apart from the Trade Descriptions Ordinance (Cap. 362) which prohibits traders from engaging in commercial practices that constitute bait advertising, whether there is currently any legislation regulating menace-type advertisements on the Internet, such as requiring online platforms to screen out such advertisements;
(2) given the views that many online scams originate from undesirable online advertisements, and that online platforms and social media networks should have a shared responsibility to perform their gatekeeping role well by taking down undesirable advertisements at source or disallowing the placement of such advertisements, so as to reduce the chances of members of the public being misled or deceived, of the specific measures put in place by the Government to strengthen the regulation of the dissemination of advertisements by online platforms; and
(3) whether the authorities will study the enactment of dedicated legislation for regulating online advertisements, so as to combat undesirable online advertisements and online advertisements suspected of involving scams?
Reply:
President,
In response to the question raised by Dr the Hon Johnny Ng, the consolidated reply, in consultation with the Security Bureau and the relevant bureaux, is as follows:
Currently, Hong Kong has various ordinances in place to combat unfair trade practices and deception. In addition, depending on the types of products advertised and the industries in which the services advertised are provided, there are at present applicable ordinances regulating the contents of advertisements.
The Trade Descriptions Ordinance (Cap. 362) prohibits traders from applying false trade descriptions to any goods or services in the course of any trade or business. A trade description means an indication, direct or indirect, and by whatever means given, with respect to the goods/services or any part of the goods/services. In this regard, it is unlawful for traders to make false or misleading descriptions regarding the goods they supply or the services they provide, regardless of the form (including advertisements) or the means of communication (such as online platforms) used. Furthermore, any trader who engages in bait advertising by claiming to supply products at a specified price but failing to offer those products for supply at that price for a reasonable period and in reasonable quantities, commits an offence. The Trade Descriptions Ordinance covers goods and services, and is applicable to the trade practices of both physical and online traders. Traders who contravene the relevant provisions of the Ordinance are liable to a maximum penalty of imprisonment for five years and a fine of $500,000.
As the principal enforcement agency for the Trade Descriptions Ordinance, the Customs and Excise Department (C&ED) adopts a three-pronged approach, covering enforcement actions, compliance promotion and publicity and public education, to combat unfair trade practices. The C&ED is given the authority to conduct criminal investigations into and prosecutions on unfair trade practices, with a view to combatting non-compliant conducts at source. These, coupled with the sentences imposed by the court, cause deterrent effects on unscrupulous traders. In addition, the C&ED also carries out compliance promotion and conducts publicity and public education, so as to promote regulatory compliance among traders and the concept of "smart consumption" among consumers.
With regard to online advertisements involving deception elements, deception is a serious offence. Any person who commits the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) is liable to imprisonment for up to 14 years, while any person who is charged with obtaining property by deception under section 17 of the same ordinance is liable to imprisonment for up to 10 years.
To heighten the alertness of the public against online scams and pitfalls, the Police have been maintaining close communication and collaboration with online platform operators, and are conducting online patrols on a regular basis. Should suspected fraudulent content be found, the Police will request the online platforms concerned to immediately remove the content and take appropriate follow-up actions. In 2025, the Police requested various social media platforms to remove or review over 116 000 pages or accounts involving scams.
To help members of the public identify suspicious online platform accounts, payment accounts, telephone numbers, email addresses, website links, etc, the Police have launched a one-stop scam and pitfall search engine, Scameter, and its mobile application version, "Scameter+", to provide members of the public with anti-deception tips. In October 2025, new features were introduced to the application. These include the use of AI technology to analyse suspicious website links and webpage screenshots reported by the public, as well as a function to proactively detect potential scam domain names that resemble fraudulent webpages, and instantly add the webpages to the database to block access for all users. Within five months since their introduction, the new features have proactively identified over 900 fraudulent webpages. On average, the suspicious websites added to the database daily are 50 per cent more than those in the period before the new features were launched. Consequently, the number of alerts issued by "Scameter+" has increased significantly. In the first quarter of this year, over 320 000 alerts were issued, which almost doubled the number issued in the same period last year.
Furthermore, advertisements relating to specific products or services are subject to regulations of various ordinances, such as the Estate Agents Ordinance (Cap. 511), the Non-local Higher and Professional Education (Regulation) Ordinance (Cap. 493), the Education Ordinance (Cap. 279), the Securities and Futures Ordinance (Cap. 571) and the Banking Ordinance (Cap. 155). Such ordinances prohibit false or misleading claims in relevant advertisements.
Law enforcement agencies will continue to combat unfair trade practices and deception along the above approach. The Government will also continue to regulate advertisements for various products and services in accordance with existing legislation.
Ends/Wednesday, June 3, 2026
Issued at HKT 11:03
Issued at HKT 11:03
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