XN000022-1995-07-19 — Page 68

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The Television (Programmes) (Amendment) Regulation 1995 was made by the Governor in Council on 27 June 1995. It repeals the stipulation that programmes broadcast by the commercial and subscription television licensees shall exclude material which is likely to offend against good taste and decency, mislead or alarm, encourage and incite crime or social disorder, discredit the law or the social institutions or to serve the interest of any foreign political party. This provision is regarded as excessively restrictive and deemed to contain too vague a restriction on freedom of information. In any event, this provision has been superseded by section 33 of the Television Ordinance, introduced in April 1993, which makes it a requirement for the licensees not to broadcast material that is likely to incite hatred against any group of persons by reason of race, nationality, sex or religion, or cause a general breakdown in law and order, or gravely damage public health or morals. As part of the same section the Chief Secretary is empowered to apply to the High Court to prevent the broadcast of any programme which she has reason to believe is likely to give rise to the damage outlined above. Similar provisions are also found in Part IIIA of the Telecommunication Ordinance to regulate sound broadcasting. The Administration considers that these provisions already provide a suitable balance between the need to protect freedom of information on the one hand, and the need to guard against the broadcast of totally unacceptable programming on the other. Although Regulation 4(e) is not explicitly covered in section 33, there are sufficient powers within the present body of television regulations and within codes of practice for programme standards to deal with the broadcast of programmes that serve the interest of any foreign political party. There is, therefore, little justification to retain restrictions on broadcasting contents in the subsidiary legislation.

Mr President, I beg to move.

End/Wednesday, July 19, 1995

Amended TV regulations to ensure press freedom passed

The Secretary for Recreation and Culture, Mr James So, moved a motion at the Legislative Council meeting today (Wednesday) to amend two existing laws to ensure that they do not infringe press freedom and the right to freedom of expression.

The Commercial Television (Advertising) (Amendment) Regulation 1995 which was approved by the Governor-in-Council on June 20, removes the power of the Director of Health to pre-censor advertisements for any medical preparations.