362 Communications, the Media and Information Technology
commercial operators and RTHK, providing a total of 13 analogue channels in Hong Kong.
Regulatory Approach
Provision of television programme services and the carriage networks in Hong Kong are regulated separately. A television programme service provider may hire any transmission network operator to transmit its service instead of investing in transmission infrastructure itself. This arrangement facilitates market entry and encourages competition.
Under the Broadcasting Ordinance, the four categories of television programme services domestic-free, domestic-pay, non-domestic (mainly satellite television services targeting the Asia-Pacific region) and other licensable television programme services (mainly television services for hotel rooms) are regulated according to their characteristics and pervasiveness rather than their transmission mode. The provision of sound broadcasting services is regulated under the Telecommunications Ordinance and the Broadcasting Authority Ordinance.
As a result of the liberalised, light-handed and pro-competition regulatory approach, Hong Kong has a vibrant broadcasting industry and enjoys a multitude of television and radio channels with diversified programming.
The Broadcasting Authority
The Broadcasting Authority (BA) is an independent statutory regulator of the broadcasting sector, comprising nine non-official members from various sectors of the community and three public officers. The BA is the licensing authority for non-domestic and other licensable television licences, and is responsible for making recommendations to the Chief Executive in Council on applications for new domestic free television, domestic pay television and sound broadcasting licences, as well as on applications for renewal of these licences.
The BA's main function is to safeguard proper standards of television and sound broadcasting with regard to both programme and advertising content, as well as technical performance. It publishes codes of practice on programme, advertising and technical standards with which licensees are required to comply. The BA is also responsible for upholding a fair and competitive broadcasting market in Hong Kong through the enforcement of the competition provisions of the Broadcasting Ordinance as well as relevant conditions of the sound broadcasting licences issued under the Telecommunications Ordinance.
In light of media and technological advancement, the BA examines and updates constantly its regulatory approach and codes of practice to ensure that public expectations are met and at the same time that the operators have sufficient flexibility to operate effectively and efficiently. It engages the public through its 540- member television and radio consultative scheme as well as through focus group discussions to collect audience feedback.