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Hong Kong TV watchdog defends warning given to public broadcaster RTHK, and calls judicial challenge ‘overdramatised’

  • Lawyer says ruling was not a case of suppression of free speech, and decision was ‘entirely reasonable’
  • Communications Authority responds in case concerning episode of satirical show Headliner

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The Communications Authority has responded to the judicial challenge to the warning it gave public broadcaster RTHK. Photo: K.Y. Cheng

The communications watchdog on Tuesday defended its decision to warn RTHK over its portrayal of Hong Kong police, calling the judicial challenge from journalist groups “overdramatised” and unrealistic, like the satire at the heart of the case.

Abraham Chan Lok-shung SC, for the Communications Authority, said “this was not a case of government suppression of free speech” and argued there was no basis for finding its carefully considered and “entirely reasonable” decision unlawful as alleged.

Chan was responding to a judicial review application jointly mounted by RTHK’s Programme Staff Union and Hong Kong Journalists Association over the authority’s decision on May 19, 2020 to warn the broadcaster to observe its TV Programme Code more closely in light of what it said were certain violations in an episode of the Headliner aired on February 14 of the same year.

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The show had implied that police hoarded masks and other personal protective equipment during the coronavirus pandemic, and parodied an officer, emerging from a large refuse bin, with his neck and hands wrapped in rubbish bags.
Abraham Chan SC is representing the Communications Authority. Photo: Edward Wong
Abraham Chan SC is representing the Communications Authority. Photo: Edward Wong
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It drew more than 3,000 complaints, with the authority finding three aspects substantiated, concluding it was partly inaccurate, denigrating or insulting to police, and it had failed to express a sufficiently broad range of views expected of a personal views programme. RTHK, which is not a party to the present judicial review, subsequently apologised.

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