Law must adapt to keep tabs on technology

Ricky Wong Wai-kay's bid to enter the television market has suffered another setback. After his application for a free-to-air broadcasting licence was rejected in October, the Hong Kong Television Network chief thought he could get around this by using the mobile network. He swiftly acquired the spectrum of China Mobile Hong Kong and planned to roll out high-definition TV programmes in July. Unfortunately, his plan has been derailed again. The Communications Authority warned that Wong would need a free or pay TV licence if the service would be made available to more than 5,000 households.

Wong can be excused for feeling frustrated. He has already waited years to launch his television business and has spent tens of millions of dollars. He questioned why China Mobile Hong Kong had not been subject to the same rule before. But the authority denied having double standards. China Mobile also said it was aware of the rule before and had complied.

Well-known for his entrepreneurship and determination, the telecom wizard had already raised eyebrows when he sought to revive the bid through the mobile communication market. While commercially it may be an ingenious way to keep the business venture afloat, it is legally controversial. As business rivals have complained, what Wong intends to do is no different from domestic television broadcasting.

He is using the same technology that TVB and ATV are using. The law has clear provisions on what constitutes broadcasting. If Wong's operation is essentially no different from free television, the Communications Authority was right in enforcing the law.

The controversy underlines the need to keep our legislation in pace with developments. The proliferation of new gadgets and technologies has blurred the line between conventional television broadcasting and multimedia online entertainment. The regulatory regimes should be reviewed to ensure everyone is clear about what can and cannot be done.