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The following is issued on behalf of the Broadcasting Authority:
At its meeting today (February 18), the Broadcasting Authority (BA) finalised a Guide on the Consultation Process of the BA for promulgation. The Guideline sets out the approach to consultation adopted by the BA in performing its statutory duties (e.g. licence application and renewal, approval and revision of codes of practice). It is a measure to further enhance the transparency of BA's decision-making process. The BA has consulted the industry on the Guideline which would take effect by notice in the Gazette on March 3, 2006 and is now available at the BA's website (www.hkba.hk).
The Broadcasting Authority (BA) also considered the reports on failure to comply with licence conditions by Metro Broadcast Corporation Limited (Metro) and Asia Television Limited (ATV).
Metro reported that the Cantonese programmes of the Metro Showbiz Channel were inadvertently broadcast on the English Metro Plus Channel on December 12, 2005 between 7:30am and 12:36pm, pre-empting regular programming on Metro Plus Channel. The BA considered that Metro had failed to comply with the licence conditions on the requirements to broadcast announcements in the public interest and station identification signals during these hours, and that at least 80% of the broadcast of Metro Plus should be in English. While noting that Metro had taken immediate remedial measures, the BA decided that given the seriousness of the breach, Metro should be fined HK$100,000 for the lapse.
ATV reported that it had failed to provide Chinese subtitles in three parts out of four parts of the Putonghua programme "The Return of Shen Zhou" on ATV Home on October 17, 2005 from 10:00pm to 10:55pm due to technical problems of the subtitling system. The BA considered that ATV was in breach of the provisions on subtitling and language requirements. The BA noted that ATV had reviewed the subtitling system and had implemented precautionary measures to avoid recurrence of similar lapses in future, and decided that ATV should be strongly advised to observe more closely the relevant licence conditions.
The BA also considered four complaint cases concerning eight complaints substantiated. The first case was about the notification of details of six transactions between Television Broadcasts Limited (TVB) and Galaxy Satellite Broadcasting Limited (Galaxy). Under the relevant licence condition, TVB was required to notify all other licensees without delay of all the material details of the transactions relating to the provision of programmes, services or facilities to the Galaxy group in a manner approved by the BA. As TVB failed to notify in a timely manner and provide adequate details of these transactions, TVB was advised to observe more closely the relevant licence condition and the BA also directed TVB to re-issue the notification of these transactions to other licensees forthwith in accordance with revised notification form approved today. The revised form would provide clearer guidance to TVB on what information should be included in the notification.
The second case was about the belated submission of general meeting documents by Galaxy. The BA noted that the lapse was mainly due to the inadvertence of the handling officer concerned. The BA found that by sending its general meeting documents to the BA five months after the date of the general meeting, Galaxy had breached the relevant licence condition. Galaxy was advised to observe more closely the relevant licence condition.
The third case was about the television programmes "6:00 News" and "Late News" broadcast on the Home channel of Asia Television Limited (ATV) on November 8, 2005 from 6:00pm to 6:45pm and from 11:00pm to 11:25pm respectively. The BA considered that the report of ATV's news that the bus fare adjustment mechanism was not approved by the Executive Council appeared to be incorrect having regard to the Government press release in the evening of the same day. The BA also considered that the news item, reported as quoted from "Government source" was misleading as an average viewer would get the impression that the source of the news was from the Government. ATV was advised to observe more closely the relevant Code of Practice on accuracy and correction of factual errors in news programmes.
The fourth case was about the television programme "What A Wonderful World" broadcast on the Entertainment Channel of Hong Kong Cable Television Limited (HKCTV) on November 22, 2005 from 8:00pm to 8:30pm. The BA considered that the programme contained excessive details of the relevant restaurants and service apartments which were not justified by the editorial requirements of the programme, thereby amounting to indirect advertising for and undue prominence to the restaurants and service apartments concerned. HKCTV was warned for breaching the relevant Code of Practice on indirect advertising and undue prominence.
The BA also noted that in January 2006, the Commissioner for Television and Entertainment Licensing dealt with 132 cases (538 complaints) under her delegated authority, of which 9 cases (9 complaints) were classified as minor breaches, and 88 cases (493 complaints) as unsubstantiated, under section 11 of the Broadcasting Authority Ordinance (BAO); and 35 cases (36 complaints) were outside section 11 of the BAO. Please refer to the BA website: www.hkba.hk for details of the complaints.
Ends/Saturday, February 18, 2006
Issued at HKT 13:22
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