Hong Kong: Amended Television and Radio Codes of Practice

Implementation of provisions in relation to the National Security Law in broadcasting

One of the amendments to the Codes of Practice is the stipulation that all television and sound broadcasting licensees must comply with the requirements to safeguard national security in broadcasting their programmes. Licensees have a duty to ensure that their programme content does not contravene the National Security Law.

In particular, the revised Codes of Practice provide that:

• Licensees shall not broadcast any programmes that have the effect or likely effect of inciting, promoting, glorifying, encouraging, endorsing or sympathising with any act or activity endangering national security or otherwise contain any contents which are contrary to the interests of national security.
• Licensees shall ensure that the contents of their programmes would not have the effect or likely effect of promoting, encouraging or inciting others to use violence, advocating law breaking, provoking or deepening hatred, discrimination or hostility against the Central Authorities or the Government of Hong Kong Special Administrative Region, different classes, occupations, groups, races and members of the public, arousing others’ antipathy or causing offence.

The revisions also stipulate that the general due impartiality requirement does not apply to programmes related to national education, national identity, and the National Security Law as these programmes are intended to promote the importance of national security and foster a sense of national identity.

Programme sponsorship and indirect advertising regulatory requirements relaxed

The Codes of Practice have also been amended with a view to relaxing certain regulatory requirements on programme sponsorship and indirect advertising. The government spokesperson stated that the relaxation of regulatory requirements is aimed at providing a more flexible and conducive operating environment for the broadcasting industry, which faces significant challenges from competition with online media.

Some of the key revisions are:

• Sponsor identifications in TV programmes: The detailed prescriptions for sponsor identifications on television have been replaced with broader principles, and the distinction between sports and non-sports programmes, as well as between live and non-live events, has been removed. The permissible scope of sponsor identifications has been expanded to include product images, virtual products, and QR codes.
• Sponsorship for children’s programmes: The Codes of Practice maintain tighter control over sponsorship for children’s programmes, with a slight relaxation allowing the inclusion of sponsors’ attributes and slogans in front/end credits and title sponsorship.
• Promotional sponsorship: Regulations for product and service sponsorship in programme promotions have been relaxed, provided that the exposure is presented in a natural and unobtrusive manner, clear sponsor identification is given, viewers are pre-notified of indirect advertising, and all existing advertising standards are adhered to.
• Indirect advertising in radio: The general prohibition on indirect advertising in radio programmes has been lifted, except for certain programmes (e.g. news), with the requirement that sponsorship acknowledgements are clearly stated.
• Claims on nutrition or dietary effects: Provisions governing the appearance of persons giving testimonials in weight loss or body fat reduction advertisements have been removed.
• Factual claims substantiation: Television advertisements can now use QR codes as an alternative method to provide information to substantiate factual claims.

Conclusion

Broadcasters should apprise themselves of the revised Codes of Practice, in particular the new provisions in relation to content compliance with the National Security Law, as well as the (relaxed) sponsorship and advertising regime. Our firm is experienced in advising on broadcasting and advertising laws. Please contact any of our lawyers listed here if you require further information.

Authored by Eugene Low, Carrie Yuen.