Radio

Content Regulation

1.
Does the government pre-censor any programmes or advertisements broadcast on television?
 


The Broadcasting Authority (BA) is established to regulate broadcasters in Hong Kong. The Broadcasting Authority does not pre-censor any material prior to broadcast. It regulates television and radio programme services mainly through the administration of the legislation, broadcast licences, and codes of practice and is empowered by the law to impose a range of penalties for failure to comply with them.

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2.
What is the relationship between the Broadcasting Authority and TELA?
 
The BA is a statutory body established under the Broadcasting Authority Ordinance (Cap. 391). The BA is supported by TELA and discharges its executive functions through the Commissioner of TELA who is the BA's Principal Executive Officer. The Broadcasting Division of TELA serves as the BA's Secretariat.

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3.
How is radio and television regulated?
 
No person may broadcast without a licence in Hong Kong. Radio and television licensees have to comply with the relevant legislation - the Broadcasting Ordinance (Cap.562), the Telecommunications Ordinance (Cap.106) or the Broadcasting Authority Ordinance (Cap.391), as the case may be, and the related subsidiary legislation. They must also observe the terms and conditions of their licences. In addition, they are subject to codes of practice issued by the BA.

These codes set out clear standards relating to programme, advertising and technical standards applicable to the licensees. These codes are reviewed regularly in consultation with the licensees to take account of changing community attitudes and standards.

The programme codes set out the standards to be observed generally in programmes. The codes cover such matters as taste and decency; the portrayal of sex and violence, use of language; programme information; impartiality and fairness; and protection of children.

The advertising codes deal with standards for the presentation and content of advertisements and sponsored programmes. Advertising should be legal, clean, honest and truthful. All sponsor involvement must be declared so that the viewer/listener knows who is funding the programme.

The technical codes specify standards of technical quality and performance for compliance by a licensee. The Office of Telecommunications Authority provides advice on technical standards.

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4.
How are the codes of practice drawn up?
 
The codes of practice are drafted by TELA which is the executive arm of the BA. The licensees affected by the draft code and members of the public would be consulted and their views together with the draft codes would be forwarded to the BA Codes of Practice Committee for discussion. After thorough consideration, the Committee would submit its recommendations on the draft codes to the Broadcasting Authority for approval. The same process applies to revision of codes of practice. The codes of practice are reviewed and revised from time to time to reflect changing community attitudes and standards and new broadcasting development.

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5.
How does the BA ensure that its codes of practice are in line with the community attitudes and standards?
 
The BA is kept abreast of the community attitudes and standards through various means such as broadcasting surveys, public hearings and complaint handling. It also administers a consultative scheme, i.e. the Television and Radio Consultative Scheme, to gather public opinions on broadcasting standards. The scheme has about 540 members who are invited to participate in focus group discussions to provide qualitative feedback on broadcasting related matters.

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6.
Is there any restriction on the broadcast of liquor advertisements on radio and television?
 
For radio services, advertisements of alcoholic beverages should not be broadcast between the hours of 4:00 p.m. and 8:30 p.m. Such advertisements should not be broadcast in proximity to children's programmes or programmes targeted at young persons under the age of 18.

For television programme services, advertisements of alcoholic beverages should not be broadcast in proximity to children's programmes or programmes targeted at young persons under the age of 18. For domestic free television programme services, they may not be broadcast between the hours of 4:00 p.m. and 8:30 p.m.

Please refer to the Radio Code of Practice on Advertising Standards and the Generic Code of Practice on Advertising Standards for details of restrictions on the broadcast of such advertisements on radio and television respectively.

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