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TVB challenges broadcasting watchdog for violating "bill of rights"

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Local broadcaster TVB has filed a notice of application for judicial review in regards to the decision by the Communications Authority (CA) on 22 November 2016 that TVB’s programme Scoop had breached provisions in the TV programme code and TV advertising code.Two episodes of Scoop aired by TVB’s Jade channel on April 19 and May 18 last year are said to have made references to myTV SUPER, then a paid-for over-the-top service offered by a TVB subsidiary.Seven public complaints were filed to the authority, which later decided TVB had breached codes of practice by including an unjustified product placement and in-programme reference which mingled programming with advertising.The station counter-argued that there was a lack of expressed guidance for the station on the issue, and suggested the authority’s findings had "failed to consider the broadcasting authority’s intention to create a more conducive business environment for the broadcasting industry".But that did not change the authority’s ultimate decision to sanction TVB by way of a warning on 22 November last year, which the station is now seeking to quash.TVB said the CA’s decision "contravenes the Hong Kong Bill of Rights and the relevant provisions of the codes of practice are unconstitutional".The broadcaster also said despite explicit recognition in the codes of practice allowing product placement or programme sponsorship, the criteria imposed, namely clearly justified editorially; not obtrusive to viewing pleasure; and not gratuitous, are impossibly subjective and vague, and are ultimately judged by the opinion of the CA on a case by case basis. "This is wholly unacceptable where the provision at issue restricts fundamental rights."

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