Complaints relating to Broadcasting Contents
Handling of Complaints
The number of complaints lodged with the Authority continued to rise. During the period September 2004 to August 2005, the Authority processed a total of 1,895 cases21 (4,196 complaints21) about the services of broadcasters, which represented an increase of approximately 17% in the number of complaint cases and 6% in the number of complaints as compared with the same period in 2003-2004 (1,624 cases, 3,974 complaints). Of these, the Commissioner for Television and Entertainment Licensing handled 1,797 cases (3,440 complaints) under delegated power. These complaints were related to breaches of a minor nature, or allegations which do not constitute any breach or were outside section 11(1) of the Broadcasting Authority Ordinance (Cap 391), i.e. the substance of complaint did not involve a contravention of the legislation, the licence conditions or codes of practice. Distributions of the complaint cases by broadcasting services and broadcasters in 2004-2005 are in Figures 33 & 34 respectively.
21This figure includes
34 cases (35 complaints) which were referred to OFTA for investigation
| Figure 33 : |
|
Distribution of Total Complaint Cases by Broadcasting
Services (September 2004 - August 2005) |
| Figure 34 : |
|
Distribution of Complaint Cases by Broadcasters
from September 2004 – August 2005 |
|
Broadcasters |
No. of Complaint Cases |
No. of Complaints |
| TVB |
732 |
2547 |
| ATV |
327 |
396 |
| CR |
258 |
319 |
| HKCTV |
175 |
238 |
| RTHK (Radio) |
151 |
192 |
| Metro |
45 |
46 |
| RTHK (TV) |
42 |
67 |
| Galaxy |
33 |
33 |
| PCCW Media |
17 |
18 |
| Starvision |
3 |
3 |
| Non-licensee |
1 |
1 |
| More than one Broadcaster |
77 |
301 |
|
Total |
1861 |
4161 |
The number of complaint cases referred to the Complaints
Committee, 64 cases (721 complaints), also showed an increase
of approximately 94% as compared with 33 cases (1,044 complaints)
in the previous reporting period. 50% of all cases referred
to the Complaints Committee were about domestic free television
programme services, 17.2% were about sound broadcasting services,
12.5% were about domestic pay television programme services,
3.1% were about non-domestic television programme services,
and the rest 17.2% were complaints directed at more than one
broadcasting services. Details of the distribution of the
BACC complaint cases among the different broadcasting services
are at Figure 35.
| Figure 35 : |
|
Breakdown of Complaints Cases about different
Types of Services dealt with by the BACC |
Details of the complaints processed by the Complaints Committee
and the Commissioner for Television and Entertainment Licensing
in 2004-2005 are in Figure 36.
| Figure 36: |
|
Complaints Processed by the Complaints Committee
& CTEL from September 2004 – August 2005 |
|
Within S(11)1 of BAO |
Outside
S(11) of BAO |
Total |
Substantiated |
Unsubstantiated |
|
BACC |
CTEL |
BACC |
CTEL |
CTEL |
| No. of Cases |
51 |
131 |
13 |
1157 |
509 |
1861 |
| No. of complaints |
654 |
138 |
67 |
2399 |
903 |
4161 |
| Total: |
|
BACC
CTEL |
|
64 cases / 721 complaints
1797 cases / 3440 complaints |
Nature of Complaints
In relation to the 51 substantiated cases dealt with by the
Complaints Committee in the year under review, 34 cases (66.7%)
were about programmes or programme promos, 9 cases (17.6%)
were about advertisements and 8 cases (15.7%) were about licence
conditions. Most of the substantiated complaint cases were
about the broadcast of inaccurate or misleading factual contents,
material unsuitable for children, indecency, untruthful claims
in advertisements, bad taste and disturbing or horrifying
material. The breakdown of the nature of substantiated complaint
cases dealt with by the Complaints Committee is at Figure
37.
| Figure 37: |
|
Nature of Substantiated Complaint Cases dealt
with by the Complaints Committee from September 2004 -
August 2005 |
In response, the Authority issued 33 advices, 15 strong advices,
6 warnings, 3 serious warnings and 7 financial penalties.
A breakdown of the decisions of the Authority on complaints
dealt with by the Complaints Committee in 2004-2005 and the
accumulative figures for the period from March 1990 to August
2005 are at Figures 38 and 39.
Figure 38
Decision of the Broadcasting Authority on Complaint
Cases dealt with by the Complaints Committee (Sep 2004 - Aug
2005)
| Decision
of the Broadcasting Authority |
ATV |
TVB |
HKCTV |
PCCW
Media |
Galaxy |
Starvision+ |
Starbucks |
CR |
Metro |
RTHK |
Non-licensee |
Total
* |
| No Further Action |
5 |
6 |
3 |
0 |
2 |
0 |
0 |
1 |
0 |
1 |
1 |
19 |
| Attention be drawn
to the relevant provisions |
1 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
2 |
| Advice |
9 |
8 |
4 |
2 |
3 |
1 |
1 |
2 |
2 |
1 |
0 |
33 |
| Strong Advice |
0 |
6 |
3 |
1 |
0 |
1 |
0 |
3 |
0 |
1 |
0 |
15 |
| Warning |
2 |
2 |
1 |
0 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
6 |
| Serious Warning |
1 |
0 |
0 |
0 |
1 |
0 |
0 |
0 |
1 |
0 |
0 |
3 |
| Financial Penalty |
1 |
2 |
1 |
0 |
2 |
0 |
0 |
0 |
1 |
0 |
0 |
7 |
| Total |
19 |
24 |
13 |
3 |
8 |
2 |
1 |
7 |
4 |
3 |
1 |
85 |
* These 85 decisions were related to 64
complaint cases processed in 2004-2005.
+ Formerly Hutchvision.
Figure 39
Decision of the Broadcasting Authority on Complaint Cases
dealt with by the Complaints Committee (Mar 1990 - Aug 2005)
Decision
of the Broadcasting Authority
|
ATV |
TVB |
HKCTV* |
PCCW
Media@ |
Galaxy |
Starvision+ |
Starbucks
|
CR |
Metro |
RTHK# |
Non-licensee |
Total |
| No Further Action |
73 |
72 |
12 |
0 |
2 |
1 |
0 |
3 |
2 |
3 |
1 |
169 |
| Attention be drawn to the relevant
provisions |
14 |
9 |
4 |
0 |
0 |
0 |
0 |
2 |
1 |
0 |
0 |
30 |
| Advice |
121 |
129 |
23 |
4 |
5 |
6 |
1 |
30 |
16 |
25 |
0 |
360 |
| Strong Advice |
95 |
85 |
35 |
2 |
0 |
2 |
0 |
32 |
27 |
2 |
0 |
280 |
| Warning |
51 |
34 |
22 |
0 |
0 |
2 |
0 |
16 |
18 |
2 |
0 |
145 |
| Serious Warning |
28 |
26 |
10 |
0 |
1 |
1 |
0 |
4 |
21 |
0 |
0 |
91 |
| Financial Penalty |
13 |
13 |
5 |
0 |
2 |
0 |
0 |
1 |
3 |
0 |
0 |
37 |
| Total |
395 |
368 |
111 |
6 |
10 |
12 |
1 |
88 |
88 |
32 |
1 |
1112 |
| + |
|
Formerly Hutchvision. |
| |
|
|
| * |
|
HKCTV(formerly Wharf Cable) commenced
its services in October 1993 and the figures are for the
period Oct 1993 - Aug 2005. |
| |
|
|
| @ |
|
PCCW Media Limited (formerly PCCW VOD
Limited) commenced its services in Mar 1998 and the figures
are for the period Mar 1998 - Aug 2005. |
| |
|
|
| # |
|
The BA started to handle complaints
against RTHK radio and television programmes in Nov 1995
and the figures are for the period Nov 1995 - Aug 2005.
|
|
