TRADING FUND REPORT 2023/24
With the support of OFCA, CA has completed the review of the CoPs, having taken into account views received from the public and the industry. In view of the increasingly challenging business environment faced by the licensees, the latest revisions provided timely relaxations to the regulatory regime of the broadcasting sector, including the regulation of programme sponsorship and indirect advertising for television and radio. The relaxations also help licensees strengthen their financial position by creating new revenue-generating channels, contributing to the sustainable development of the broadcasting sector.
Given the importance of safeguarding national security, the latest revision also introduced a requirement for broadcasting licensees to safeguard national security in broadcasting their programmes. The relevant provisions apply to all licensed broadcasting services.
The revised CoPs were published in the Gazette on 15 December 2023 and took effect on the same day.
CA holds meeting regularly to discuss regulatory issues related to broadcasting and telecommunications industries.
Six major broadcasting licences, including three domestic free television programme service licences, one domestic pay television programme service licence and two sound broadcasting licences, are due to expire in 2027 and 2028.
To pave the way for the upcoming licence renewal exercise, OFCA is conducting a broadcasting service survey to track changes in the viewing and listening habits of the general public in Hong Kong. The information and statistics obtained from the survey will serve as a useful reference for CA in handling applications from major broadcasting licensees for renewal of their licences. It is expected that the survey will be completed by the end of 2024.
In 2023/24, 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 one non-domestic television programme service licence. All these applications were approved by CA.
A staff member of OFCA using a satellite broadcast monitoring system to monitor receivable satellite television signals in Hong Kong.
OFCA has regular meetings with the Mainland authorities for coordination of broadcasting frequencies for use in Guangdong Province and Hong Kong. Regarding the provision of a new FM programme channel (i.e. Radio The Greater Bay) by Radio Television Hong Kong (RTHK), OFCA has identified a set of FM frequencies for its territory-wide coverage. In November 2023, OFCA successfully completed the relevant frequency coordination work with the Mainland authorities. All the coordinated FM frequencies would be assigned to RTHK in phases by the end of 2024.
To support future development of Digital Terrestrial Television (DTT) services in Hong Kong, OFCA would continue to coordinate with the Mainland authorities with a view to identifying additional DTT frequency channels for use in Hong Kong.
It is the standing practice that CA does not precensor 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 CA, OFCA assists 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 CA.
OFCA staff members having a discussion on a broadcast complaint case.
In 2023/24, OFCA handled 1 783 cases (involving 8 216 complaints) 1, which represented a decrease of 4% in the number of cases, and a significant increase of 106% in the number of complaints processed 2, as compared with the figures in 2022/23 (1 857 cases, involving 3 984 complaints). Among those cases handled, six cases (involving 14 complaints) were referred to the Broadcast Complaints Committee under CA for consideration before submission to CA for deliberation and determination. All complaint cases considered by CA are published on its website. The remaining 1 777 cases (involving 8 202 complaints) relating to breaches of a minor nature, or allegations which did not constitute any breach or were outside the remit of section 11(1) of the B(MP)O (i.e. the substance of the complaints did not involve contravention of relevant legislation, licence conditions or provisions in the codes of practice), were handled by the Director-General of Communications under CA’s delegated authority.