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Advertising Standards - TV
Chapter 1
Preamble
1. This Code of Practice is issued by the Broadcasting Authority (BA)
pursuant to Section 3 of the Broadcasting Ordinance (Cap.562). All material
included in a television programme service licensed under the Broadcasting
Ordinance (Cap.562) must comply with this Code. The BA has the power to impose
sanction on licensees who do not comply with the Code.
2. This Code sets out the advertising standards for the four categories of
television programme services licensed under the Broadcasting Ordinance (Cap.562),
viz., the domestic free television programme services, domestic pay television
programme services, non-domestic television programme services and other
licensable television programme services.
3. Due to the difference in the characteristics, pervasiveness and degree of
influence of the television programme services, each category of television
programme service is subject to a level of control appropriate for its service. As a
general principle underlying television advertising regulation, the degree of restriction
applied must be related to the likely audience of the television programme service and
their expectations.
4. Domestic free television programme services are intended or available for
reception by the public free of charge in Hong Kong; they are intended or available
for reception by an audience of more than 5,000 specified premises and primarily
target Hong Kong. Since they are the most pervasive of all the four categories of
television programme services, it is reasonable for the audience to expect more
stringent standards for protection of minors and public morality.
5. Domestic pay television programme services are intended or available for
reception by the public, on payment, whether periodically or otherwise, of a
subscription in Hong Kong; they are intended or available for reception by an
audience of more than 5,000 specified premises and primarily target Hong Kong.
Given that subscription is voluntary and is by choice, and that the provision of a
television programme service locking device is a mandatory requirement, sufficient
safeguards are in place so as to allow a more relaxed regulatory regime for its content.
Domestic pay television programme services are therefore subject to less stringent
control.
6. Non-domestic television programme services cover television programme
services which do not primarily target Hong Kong. Such services are either (i)
intended or available for reception by the public free of charge in Hong Kong or on
payment, whether periodically or otherwise, of a subscription in Hong Kong; or (ii)
neither intended nor available for reception by the public free of charge in Hong Kong
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