The free TV licences of HK Television Entertainment Company Limited, Television Broadcasts Limited and Fantastic Television Limited and the sound broadcasting licences of Hong Kong Commercial Broadcasting Company Limited and Metro Broadcast Corporation Limited with validity period of 12 years are subject to a mid-term review (Mid-term Review) after completion of half of the licence validity periods. We assisted the CA in assessing the performance of these licensees in the first six years of their respective licences and their investment and programme commitments for the remaining six years after having consulted the views of the industry and the public. The CA considered that the licensees’ services have largely met public expectations. The CA also noted that the public supported some forms of regulatory relaxation to allow more flexibility for the licensees in programme management to meet with the more challenging business environment.
The overall objectives of the CA’s recommendations are to encourage additional investment in the industry1, and to optimise and refine regulatory requirements for sustainable development of the industry2. At the same time, the CA also recognised the need for the free broadcasting licensees to help raise the sense of national security, national consciousness and identity among the community3 through their broadcast services and programmes. The CA’s recommendations were accepted and endorsed by the CE in C in February 2023. With OFCA’s support, the recommendations have been implemented by way of licence amendments and/or directions issued by the CA to the licensees concerned.
During the consultation process in the Mid-term Review, a number of suggestions were received from the public and the industry relating to the regulation of programme and advertising contents under the codes of practice issued by the CA. Following the completion of the Mid-term Review, we assisted the CA in conducting a review of its codes of practice in response to the views received, along the general direction of refining the regulatory regime to facilitate the licensees in meeting the challenges of the rapidly evolving business environment. With OFCA’s support, the CA consulted the public and the licensees on the proposed amendments to the codes of practice in the third quarter of 2023. The review is expected to be completed by end 2023 following gazettal of the amendments.
Having considered the CA’s views, the CE in C approved on 14 February 2023 the termination of HKCTV’s pay TV licence with effect from 1 June 2023 upon receiving the application from HKCTV. OFCA had actively worked with HKCTV to ensure its proper implementation of the committed exit arrangements and the associated technical adjustments for protecting customer rights and the interest of the general public, through a series of publicity programmes (including press releases, thematic webpages and mobile applications as well as on-air announcements) launched by HKCTV to facilitate its customers’ understanding of the exit arrangements.
In 2022/23, OFCA processed a new application for other licensable television programme service licence for the provision of television programme services in hotel rooms in Hong Kong. OFCA also handled an application for renewal of non-domestic television programme service licence and an application for other licensable television programme service licence, as well as an application for licence termination by a licensee for other licensable television programme service. All those applications were approved by the CA.
The CA does not pre-censor broadcast content. Instead, it adopts a complaint-driven approach to ensure that broadcast content complies with prevailing legislation, licence conditions and the codes of practice that it has issued. As the executive arm of the CA, OFCA assists the CA in handling complaints about broadcast materials in accordance with the provisions in the Broadcasting (Miscellaneous Provisions) Ordinance (Cap. 391) (B(MP) O) and the broadcast complaint handling procedures of the CA.
In 2022/23, OFCA handled 1 857 cases (involving 3 984 complaints)4, which represented an increase of 20% in the number of cases, and a reduction of 54% in the number of complaints processed5, as compared with the figures recorded in 2021/22 (1 552 cases, involving