Complaints Referred to the BACC Endorsed by the BA October 2009

Complaints Referred to the Broadcasting Authority Complaints Committee ("BACC") & Considered by the Broadcasting Authority ("BA")
in October 2009

At its meeting in October 2009, the BA considered the following case which had been deliberated by the BACC -

Television Advertisement for "Lake Silver" ("銀湖天峰"廣告)

Having considered the recommendations of the BACC, the BA decided that an advice each be given to Asia Television Limited ("ATV"), Television Broadcasts Limited ("TVB"), Hong Kong Cable Television Limited ("HKCTV") and now Broadband TV of PCCW Media Limited ("now TV") on the complaint case related to a television advertisement.

Television Advertisement for "Lake Silver" ("銀湖天峰"廣告)
(ATV Home, 27 May 2009; TVB Jade & Pearl, 26 May 2009; HKCTV Cable News Channel, 30 May 2009; now Business News Channel, 22 May 2009)

A member of the public complained that the advertisement was seriously untruthful and misleading to buyers of the advertised property as the sceneries featured therein were fictitious and at variance with that at the real site of that property development.

Generic Code of Practice on Television Advertising Standards ("Television Advertising Code")
- paragraph 1 of Chapter 3: television advertising should be legal, clean, honest and truthful
- paragraph 9 of Chapter 3: no advertisements may contain any descriptions, claims or illustrations which expressly or by implication depart from truth or mislead about the product or service advertised or about its suitability for the purpose recommended

The BA noted that (i) the advertisement promoted a property development in Wu Kai Sha. It had a 1-minute Chinese version and two 2-minute versions with Chinese and English subtitles respectively; (ii) the advertisement was presented in a surrealistic manner using artistic presentation and computer-aided graphics. Graphically, there were shots of natural sceneries like forests and lakes, three-dimensional portrayals of a clubhouse and banquet halls, and an ending picture showing the property located in a bay area surrounded by green bushes; (iii) there had been press reports that there were other property developments in the immediate vicinity of the property concerned; and (iv) the location plan in the "Lake Silver Development Information" produced by the developer showed that there was another property development in the vicinity.

Having considered the submissions and representations from the relevant licensees, the BA considered that -

scenery of a property was a very important factor in determining its value and popularity. An advertisement could be imaginative in its presentation, but essential information of a property should be truthful and should not be misleading. As the ending picture of the advertisement displayed a full view of the concerned property, viewers should have expectation that it was a realistic depiction of the property. The end shot of the advertisement showing the property under concern surrounded by green bushes without any other building in the vicinity rendered the advertisement untruthful and misleading; and

the relevant licensees had not exercised reasonable diligence in ascertaining the truthfulness of the advertisement as they should have noted from the "Lake Silver Development Information" produced by the developer that another property development, which was in the vicinity, was not displayed in the ending shot of the advertisement.

The BA considered that the complaint was justified and decided that ATV, TVB, HKCTV and now TV be advised to observe more closely the relevant provisions in the Television Advertising Code.