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The following is issued on behalf of the Broadcasting Authority:
At its meeting on November 18, the Broadcasting Authority (BA) issued its findings on the following complaint cases.
In October 2006, the BA considered three complaint cases (concerning six public complaints) and a lapse reported by TVB substantiated. The first case was about the television programme "Dragon Boat Races 2006" (❿㑦
텘하敕) broadcast on the Jade Channel of Television Broadcasts Limited (TVB) on May 31, 2006 from 10.30am to 12.45pm. The second case was about the television advertisement for "SmarTone Vodafoneล쁎" broadcast on the Soccer Betting Channel and News Channel of Hong Kong Cable Television Limited (HKCTV) on June 10, 2006 at 9.56pm and June 16, 2006 at 8.44pm respectively. The third case was about an unrestricted access to an adult channel of HKCTV in July 2006. TVB also reported to the BA that it had failed to provide Chinese subtitles for the Thai movie "Ong-Bak" (﷿) broadcast on the Jade Channel of TVB on August 19, 2006 from 8.30pm to 11.00pm. Please see Annex for details.
The BA also noted that from October 16 to 31, 2006, the Commissioner for Television and Entertainment Licensing dealt with 29 cases (57 complaints) under her delegated authority, of which one case (six complaints) was classified as minor breach, and 16 cases (38 complaints) as unsubstantiated, under section 11 of the Broadcasting Authority Ordinance (BAO); and 12 cases (13 complaints) were outside section 11 of the BAO. Please refer to the BA website: www.hkba.hk for details of the complaints.
Annex
Summary of Substantiated Complaint Cases
Case 1 ﷿Television programme "Dragon Boat Races 2006" (❿㑦
텘하敕) broadcast on the Jade Channel of Television Broadcasts Limited (TVB) on May 31, 2006 at 10.30am ﷿ 12.45pm
The BA considered that the complaint lodged by three members of the public that the frequent references to TVB Lifestyle (ⱜ晔桿ఱ) of TVB Pay Vision amounted to indirect advertising and that the advertising material was not clearly distinguishable from programme material substantiated.
The BA considered that (i) the relevant footage obviously amounted to advertising material on TVB Lifestyle Channel and its programmes and the advertising remarks in the footage appeared not to be incidental; (ii) TVB's devotion of a considerable part of the programme to the promotion of TVB Lifestyle Channel and its programmes was not0contextually justified; (iii) the prominence given to the TVB Lifestyle dragon boat team was undue, when compared with the treatment of other teams; and (iv) references in the programme relating to TVB Lifestyle Channel and its programmes amounted to indirect advertising and gave undue prominence to TVB Lifestyle Channel and its programmes.
TVB was advised to observe more closely paragraph 1 of Chapter 11 of the Generic Code of Practice on Television Programme Standards (the Television Programme Code) on separation of programme and advertising material and paragraph 3 of Chapter 11 of the Television Programme Code on undue prominence.
Case 2 - Television advertisement for "SmarTone Vodafoneล쁎" broadcast on the Soccer Betting Channel and News Channel of Hong Kong Cable Television Limited (HKCTV) on June 10, 2006 at 9.56pm and June 16, 2006 at 8.44pm respectively
Two members of the public complained that the advertisement advocated gambling by promoting the use of a mobile phone to get betting tips and place bets on soccer matches, and claiming that "ᖖ幱﷿쥸ᒐ쥸ၞ﷿" (there is no need to pay if you do not win after placing bets according to the tips).
The BA noted that in the context of the advertisement, the words "ล쁎菱㵝ᔥ꾆뤰ࡧ﷿ᔰᔰ踤❫" in the voice-over was followed clearly and immediately by the assertion "
ᖖ幱﷿쥸ᒐ쥸ၞ﷿". The remarks together with the captions on screen such as "螑ᔰ㍻ᆄ", "ꉣ뎖띜ऱᝧ﷿" and "쥸쥸ၞ﷿" amounted to references promoting the service of providing of betting tips and had the effect of encouraging football betting. The BA considered the complaint substantiated.
HKCTV was strongly advised to observe more closely paragraph 1(e) of Chapter 5 of the Generic Code of Practice on Television Advertising Standards (the Television Advertising Code) on the prohibition on organisations/companies seeking to advertise for the purpose of giving betting tips and paragraph 1(f) of Chapter 5 of the Television Advertising Code that encouragement to betting or references to betting tips in advertisements for football betting which are authorized by or under the Betting Duty Ordinance (Cap. 108) are unacceptable for broadcast on television.
Case 3 - Unrestricted access to Adult Channel of HKCTV in July 2006
A subscriber of HKCTV complained that she was able to view promotional material of adult nature on CAT Preview Channel by keying in the default access code even though she was not a registered user for access to HKCTV's adult channels.
The BA noted that HKCTV had admitted that the lapse was caused by an inadvertent human error. The BA had doubt on whether HKCTV had properly implemented the security system against children's access to its adult channels that no adult channels was provided to any person unless he/she had registered with it for access to adult channels; that the adult channels were locked by HKCTV and always kept so locked; and that no person was able to access the locked adult channels without the correct "PIN".
The BA noted that HKCTV merely brought the incident to the attention of HKCTV's responsible staff without substantial remedial action. The BA considered that the complaint case was a serious breach of the relevant provision of the Television Programme Code as HKCTV had failed to address the incident in a responsible manner.
HKCTV was seriously warned to observe more closely paragraph 17 of Chapter 3 of the Television Programme Code which requires a domestic pay television programme service licensee to provide sufficient safeguards against children's access to adult material.
Case 4 ﷿ Television programme "Ong-Bak" (﷿) broadcast on the Jade Channel of Television Broadcasts Limited (TVB) on August 19, 2006 from 8.30pm to 11.00pm.
TVB reported to the BA that it had failed to provide Chinese subtitles for the Thai movie "Ong-Bak" (﷿) from 8.30pm to 11.00pm on TVB Jade on August 19, 2006.
The BA considered that TVB was in breach of the provision on subtitling requirements. The BA noted that TVB had taken precautionary measures to avoid recurrence of similar lapses in the future.
TVB was advised to observe more closely Condition 3.1 of the First Schedule to TVB's domestic free television programme service licence which stipulates that the Licensee shall provide subtitling for its Service, as may be directed in writing by the BA from time to time. The BA's direction of November 10, 2003 issued pursuant to this licence condition requires TVB, inter alia, to provide on its Cantonese channel Chinese subtitles for all programmes shown between 7.00pm and 11.00pm starting December 1, 2003.
Ends/Saturday, November 18, 2006
Issued at HKT 16:44
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