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The following is issued on behalf of the Broadcasting Authority:
This press release summarises the outcome of the Broadcasting Authority (BA)'s deliberations in March 2011:
Changes in Shareholding Structure of Television Broadcasts Limited (TVB)
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The BA has approved the application for a change in shareholding structure of Television Broadcasts Limited (TVB) arising from the introduction of an investor group controlled by Dr Charles Chan Kwok Keung under which the group will acquire the entire stake in Shaw Brothers (Hong Kong) Limited, which owns 26% of voting shares of TVB. The application was approved and the acquisition took effect on March 31, 2011.
The BA's approval is subject to the conditions that TVB shall continue to comply with all the relevant regulatory requirements applicable to it and that after the shareholding change, TVB and Dr Chan shall be respectively bound by the statements, representations, assurances and undertakings made in the application.
The BA is satisfied that the regulatory requirements under the Broadcasting Ordinance (Cap. 562) (BO) are and will continue to be complied with by TVB after the change in shareholding structure. In particular, TVB will remain a company incorporated in Hong Kong and its control and management will continue to be bona fide exercised in Hong Kong. The selection, production or scheduling of programmes will continue to be carried out by principal officers who are ordinarily resident in Hong Kong within the meaning of the BO, and TVB's domestic free television programme service will remain primarily targeting Hong Kong.
The shareholding change will not affect TVB's investment commitment of $6.3 billion from 2010 to 2015 made in the context of the mid-term review of its licence in 2010.
Separately, the BA has received an application from TVB in respect of the transfer by Shaw Foundation Hong Kong Limited of 2.59% of TVB shares to various education-based charities and institutions on March 31, 2011. The BA will process the application in accordance with established procedure.
Approval of Application for Non-domestic Television Programme Service Licence
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The BA also approved an application by Hong Kong TV International Media Group Limited for a "non-domestic television programme service" licence. The period of validity of the licence is 12 years, from March 19, 2011 to March 18, 2023 (both dates inclusive). With this newly-approved licence, there are now 19 "non-domestic television programme service" licensees in Hong Kong providing more than 200 satellite television channels targeting viewers in the Asia Pacific region.
Revision of the Radio Code of Practice on Technical Standards
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The BA approved the recommendations of its Codes of Practice Committee on the revision of the Radio Code of Practice on Technical Standards (Radio Technical Code) to incorporate a new section to specify the technical standards for digital audio broadcasting (DAB) services to be launched in Hong Kong.
The new section, prepared by the Office of the Telecommunications Authority in consultation with the relevant DAB operators, sets out the technical standards for DAB services including requirements for audio signals, supplementary signals, radio frequency signals, etc. The revised Radio Technical Code has taken effect on March 22, 2011.
Complaint Cases
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The BA also considered four complaint cases in respect of licensees' compliance with the codes of practices on programme and advertising standards -
(a) two public complaints against the television programmes "Scoop" broadcast on 16 days in July and five days in August 2010, and "Extra" broadcast on 14 days in July and six days in August 2010 on the Jade Channel of Television Broadcasts Limited (TVB). The BA decided that a financial penalty of $60,000 for each of the two programmes, totalling $120,000, should be imposed on TVB for breaching the relevant provisions in the Generic Code of Practice on Television Programme Standards (TV Programme Code);
(b) a public complaint against the television programme "Jika Udon Special: All Star Spoof-off" broadcast on the Jade Channel and HD Jade Channel of TVB on July 24, 2010. The BA decided that a financial penalty of $40,000 should be imposed on TVB for breaching the relevant provisions in the TV Programme Code and the Generic Code of Practice on Television Advertising Standards;
(c) three public complaints against the radio programme "Ordinary Done Seriously" broadcast on the Radio 2 Channel of Radio Television Hong Kong (RTHK) on November 20 and 27 and December 4 and 11, 2010. The BA decided that RTHK should be advised to observe more closely the relevant provision in the Radio Code of Practice on Programme Standards (Radio Programme Code); and
(d) a public complaint against the radio programme "Happy Daily" broadcast on the Radio 1 Channel of RTHK on October 26, 2010. The BA decided that RTHK should be advised to observe more closely the relevant provision in the Radio Programme Code.
Further details of the above cases are available in the Appendix.
The BA noted that in February 2011, the Commissioner for Television and Entertainment Licensing (CTEL) dealt with 100 cases (150 complaints) under its delegated authority, of which seven cases (eight complaints) were classified as minor breaches and 51 cases (72 complaints) were unsubstantiated. The remaining 42 cases (70 complaints) were held to be outside the ambit of the Broadcasting Authority Ordinance. The monthly complaint figures dealt with by CTEL from February 2010 to February 2011 are shown in Figure 1. A chart showing the respective nature of the unsubstantiated complaints classified by CTEL in February 2011 is at Figure 2. A chart showing the respective nature of complaints which were classified as minor breaches is at Figure 3. Further information about the complaints is available at the BA website (www.hkba.hk).
Ends/Thursday, March 31, 2011
Issued at HKT 18:48
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