TVB files judicial review application
(20 February 2017) Television Broadcasts Limited (TVB) filed today in the High Court a notice of application for judicial review in respect of the decision by the Communications Authority (CA) on 22 November 2016 that TVB’s programme “Scoop” broadcast on 19 April and 18 May last year had breached provisions in the TV Programme Code and TV Advertising Code.
TVB contends that the CA’s decision contravenes the Hong Kong Bill of Rights and the relevant provisions of the Codes of Practice are unconstitutional.
Furthermore, despite explicit recognition in the Codes of Practice allowing product placement or programme sponsorship, the criteria imposed, namely clearly justified editorially; not obtrusive to viewing pleasure; and not gratuitous, are impossibly subjective and vague, and are ultimately judged by the opinion of the CA on a case by case basis. This is wholly unacceptable where the provision at issue restricts fundamental rights.