The following is issued on behalf of the Communications Authority:

     This press release summarises the Communications Authority (CA)'s decisions following its 57th meeting in November 2016:

     The CA considered the following six complaint cases in respect of the broadcasters' non-compliance with the Generic Code of Practice on Television Programme Standards (TV Programme Code), the Generic Code of Practice on Television Advertising Standards (TV Advertising Code), the Radio Code of Practice on Programme Standards (Radio Programme Code) and the relevant condition of the domestic free television programme service (free TV) licence:

(a) Complaints against the television programme "My Love, myTV SUPER" broadcast on the Jade Channel of Television Broadcasts Limited (TVB) on April 17, 2016. The CA decided that the programme concerned breached the relevant provisions in the TV Programme Code and the TV Advertising Code and that a financial penalty of $200,000 should be imposed on TVB for the breaches;

(b) Complaints against the television programme "myTV SUPER All Star Summer" broadcast on the Jade Channel of TVB on July 17, 2016. The CA noted that the presentation of the programme concerned was similar to that of TVB's programme "My Love, myTV SUPER" covered in the complaint case listed in (a) above. The CA decided that the programme concerned breached the relevant provisions in the TV Programme Code and the TV Advertising Code.

     In considering the sanction, although it was open to the CA to impose separate and different sanctions on TVB for the two cases of contravention of the relevant provisions in the TV Programme Code and the TV Advertising Code, the CA noted that at the time when "myTV SUPER All Star Summer" in the second case was broadcast, TVB had yet to be informed of the CA's provisional findings of its breaches in the first case concerning "My Love, myTV SUPER". Having taken this factual context into account and balanced all relevant considerations, the CA was prepared to treat this second case of contravention on an exceptional basis, and decided that no further action would be taken against TVB as sanction for the breaches. TVB was, however, reminded of its responsibility as a licensee to ensure that all materials delivered on its licensed services should comply with the relevant Codes of Practice.

     The CA's handling of the present case should not in any circumstances be taken as the precedent for future cases that involve TVB, or any other broadcasting licensee. Licensees should not assume that they may rely on the mere fact that they have not been informed of the outcome of a previous breach in harbouring any expectation that no sanction would be imposed on them for a similar breach they commit later;

(c) Complaints against the television programmes "Scoop" and "Extra" broadcast on the Jade Channel of TVB and on the Jade Catch Up Channel of TVB Network Vision Limited (TVBNV). The CA decided that the editions of "Scoop" broadcast on April 19 and May 18, 2016, breached the relevant provisions in the TV Programme Code and the TV Advertising Code and that both TVB and TVBNV should be warned to observe more closely the relevant provisions in the TV Programme Code and the TV Advertising Code;

(d) Complaints against the television programmes "News Cast at 6" and "News Cast at 8" broadcast on the ViuTV Channel of HK Television Entertainment Company Limited (HKTVE). The CA decided that the editions of "News Cast at 6" broadcast on May 30, June 2, 8, 10, 13, 21 and 22, July 5 and 27, and August 8, 2016, and the edition of "News Cast at 8" broadcast on June 12, 2016, breached the relevant condition of HKTVE's free TV licence and that HKTVE should be advised to observe more closely the relevant licence condition;

(e) Complaint against the television programme "City Forum" of Radio Television Hong Kong (RTHK) broadcast on the Jade Channel of TVB, the RTHK TV 31 and 31A Channels on June 19, 2016, and its reruns on the RTHK TV 31 and 31A Channels on the same date. The CA decided that RTHK should be advised to observe more closely the relevant provisions in the TV Programme Code; and

(f) Complaint against the radio programme "eZone" broadcast on the Putonghua Channel of RTHK on July 21, 2016. The CA decided that RTHK should be advised to observe more closely the relevant provision in the Radio Programme Code.

     Details of the above cases are at: www.coms-auth.hk/filemanager/en/content_713/appx_20161122_en.pdf.

     The complaints against the programmes "My Love, myTV SUPER", "myTV SUPER All Star Summer", and "Scoop" and "Extra" listed above concerned product/service sponsorship and indirect advertising in TV programmes. The CA considered that these cases (in particular the cases listed in (a) and (b) above) involved blatant breaches of the existing rules by the licensee concerned, and the sanction imposed reflected the nature and severity of the contraventions.

     Moving forward, as foreshadowed in the press releases issued by the CA in June and October 2016, the CA has expedited its research on the regulation of indirect advertising and product/service sponsorship over free TV services in overseas jurisdictions, and the research is near completion. Preparation work for the survey to be conducted to gauge the local community's attitude and views towards the existing regulatory regime is under way. The research and survey findings will facilitate the CA's consideration of the way forward for the regulatory regime governing indirect advertising and sponsorship. And as the CA has stated on many previous occasions, it stands ready to consider any proposals from the licensees, though none has been forthcoming to date, on revisions to the relevant Codes of Practice. In so doing, the CA would continue to strive to strike a balance between the protection of the viewers' interests and the provision of an environment which is conducive to business for licensees. In the meantime, licensees are reminded that it would remain their obligation to continue to adhere to the existing provisions in the Codes of Practice.

Ends/Tuesday, November 22, 2016
Issued at HKT 16:45

NNNN