Appendix Case 1 – Television Programme “Triumph in the Skies II” (衝上雲霄 II) Broadcast on the Jade and HD Jade Chann

Appendix

Case 1 – Television programme “Triumph In the Skies II” (衝上雲霄 II) broadcast on the Jade and HD Jade Channels of TVB on 1, 6, 14, 21, 22, 27, 29 August and 2 & 6 September 2013 at 9:30pm – 10:30pm and the corresponding episodes broadcast on the TVB Encore Channel of TVBNV on the next day

Five members of the public lodged nine complaints against individual episodes of the programme that the placement of a brand of vitamin water and a brand of camera was obtrusive, gratuitous and not justified editorially, amounting to indirect advertising for the concerned products.

The CA’s Findings

In line with the established practice, the CA considered the complaint case and the representations of TVB and TVBNV in detail. The CA took into account the relevant aspects of the case, including the following –

Details of the Case (a) the concerned programme was a fictitious drama about pilots and their love stories. It was first broadcast on the Jade and HD Jade Channels of TVB and scheduled for broadcast on the TVB Encore Channel of TVBNV the next day and Sunday and Monday of the next week1;

(b) in addition to the public complaints against two products, the CA noted during the investigation into the complaints other relevant product

1 For clarity, the broadcast dates mentioned hereafter refer to the dates of the first broadcast on TVB. - 2 -

placement contents concerning a watch brand;

(d) placement of the vitamin water was found on and off, with its brand name clearly shown, in various scenes in different episodes including the settings at a cycling/jogging path, a canteen, a dormitory and a beach. The water’s colours, vitamin ingredient and efficacy were mentioned in the dialogues and the water was also used as props in various scenes in these episodes. Details are as follows –

Cycling/jogging Path in the 6 August Episode, there were two scenes showing a male co-pilot purchased the vitamin water from a vending machine of the specific brand of water placed on a cycling/jogging path for a female character and himself. In the first scene, there was a close shot clearly showing the brand name of the water on the side of the vending machine. In the second scene, there were gratuitous panning shots of the brand name on the side of the vending machine, followed by closer shots of the characters chatting right in front of the machine, with the brand name and bottles of the water of various colours displayed in the machine prominently shown. Moreover, the co-pilot mentioned his and the female character’s favourite colours of the water and poked fun at the latter with reference to her favourite colour of the water;

Canteen in the episodes broadcast on 14, 21 and 22 August and 6 September, a wall-sized cabinet full of bottles of the vitamin water with a - 3 -

conspicuous brand name was frequently found in the background of the canteen. A table-top fridge of the branded water containing bottles of the vitamin water was also seen occasionally on the service counter of the canteen. Moreover, in the 21 August Episode, the co-pilot ordered two bottles of the vitamin water in the canteen and gave an orange one, with his drawing on the cap, to a waitress. He also told the waitress that water of different colours had different efficacy. In the 27 August Episode, there was portrayal of the waitress kissing an empty bottle of the water when thinking about the co-pilot and the brand name of the water was discernible on the bottle;

Dormitory in the 1 August Episode, a fridge, with the product name and the images of the vitamin water on its side, was seen in a common room of a dormitory behind three quarrelling pilot trainees; and

Beach in the 22 August Episode, there was portrayal of the co-pilot preparing to confess his love to the female character. He used hundreds of bottles of the vitamin water of different colours to build a heart shape on a beach. The brand name of the product was clearly and frequently shown on the bottles and the cartons;

(e) the concerned camera brand was found in a scene in the 22 August Episode, in which the co-pilot brought along his camera to watch the sunset with the waitress. The brand name of the camera was seen incidentally on the neck strap in the foreground of some wide shots; and

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(f) there were eye-catching references to the watch brand in the 29 August and 2 September Episodes, including medium to close-up shots of the products on several occasions, as well as conspicuous display of the brand name inside and outside the watch shop, on the watch and on the watch case. In addition, complimentary remarks were given by the characters to the watch.

Relevant Provision in the TV Programme Code (a) paragraph 1 of Chapter 11 – indirect advertising in television programme is prohibited; and

Relevant Provision in the TV Advertising Code (b) paragraph 10(a) of Chapter 9 – the exposure or use of the sponsors’ products or services within a programme should be clearly justified editorially, not obtrusive to viewing pleasure and not gratuitous.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that –

(a) regarding the branded vitamin water, the wall-sized cabinet full of bottles of the product of various colours with a brand name on it was very conspicuous in different episodes and was obtrusive to viewing pleasure. In the 6 August Episode, the scenes involving the vending machine of the sponsored product had given the beverage sponsor prominent exposure. The shots of the characters chatting in front of the vending machine, with gratuitous panning shots of the brand name on the side of the machine, were without any editorial need. In the 22 - 5 -

August Episode, the portrayal of building a heart shape of the vitamin water of various colours on a beach, the use of the vitamin water as props, together with the clear and frequent exposure of the product’s name on the bottles and the cartons in medium to close-up shots, were even more gratuitous and amount to indirect advertising. The frequent and prominent exposure mentioned above, plus the remarks made by the characters relating to the colours and efficacy of the vitamin water, had induced an accumulative advertising effect for the product;

(b) for the concerned brand of watch, the close-up shots of the sponsored products on different occasions were made in a deliberate manner to draw viewers’ attention to the products and, most notably, the brand name on the watches and on the watch case. The shots in the bona fide watch shop with the brand name conspicuously displayed and the complimentary remarks made by the characters added emphasis to the sponsor’s product. These scenes were gratuitous, obtrusive to viewing pleasure and could not be justified editorially; and

(c) as regards the appearance of the camera, its brand name was barely seen in the passing wide shots and the incidental presentation was acceptable under the relevant provisions governing product sponsorship.

Decision

In view of the above and taking into account TVB’s repeated lapses of the same nature and the frequent lapses in the different episodes concerned in the present case, the CA decided that a financial penalty of $100,000 should be imposed on TVB for breaching the relevant provisions in the TV Programme - 6 -

and Advertising Codes. For TVBNV, taking into account this being its first lapse of such nature, the CA decided that TVBNV should be warned to observe more closely the relevant provisions in the TV Programme and Advertising Codes.

Case 2 – Television programme “All Men Are Brothers” (水滸傳) broadcast on the HD Jade Channel of TVB on 16 and 17 May 2013 at 4:45pm – 5:45pm

Two members of the public complained that the programme contained violent and bloody portrayals which were unsuitable for broadcast at the scheduled time, warranted a Parental Guidance Recommended (“PG”) classification and should be preceded by warning captions.

The CA’s Findings

In line with the established practice, the CA considered the complaint case and the representations of TVB in detail. The CA took into account the relevant aspects of the case, including the following –

Details of the Case (a) the programme was a costume drama about the rebellion of outlaws in the Song Dynasty, and was broadcast during the family viewing hours (“FVH”);

(b) in the 16 May Episode, there were portrayals of the protagonist being beaten and flogged with a stick as punishment, with close-up shots of him - 7 -

spouting blood. On his way to prison, the protagonist fought back, broke the shackle and killed the escorting soldiers, the portrayals of which lasted over seven minutes; and

(c) in the 17 May Episode, the man with wounds and blood scars all over his face and body took revenge on his enemies. There was another prolonged sequence of suspense and killings with portrayals of kicks, punches, blood spurts, chests pierced with long knife, an arm being chopped, a woman being stabbed and blood throwing out from her mouth, and a man being killed and his head later displayed on a table. In addition, there were portrayals of the protagonist being tied up and whipped.

Relevant Provisions in the TV Programme Code (a) paragraph 2 of Chapter 2 – nothing unsuitable for children should be shown during the FVH; and

(b) paragraph 8 of Chapter 6 – physical and psychological violence may not be presented in such a manner as to cause alarm or distress to children within the FVH.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that –

(a) the main concern of the case was whether the portrayals of violence in the programme would alarm or distress children;

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(b) in the 16 May Episode, the punishment scenes of the protagonist being beaten and flogged were presented mostly with off-screen shots and in silhouette, accompanied by sound effect;

(c) on the other hand, in the 17 May Episode, killings and tortures became more intense and frequent, in particular in the portrayals of the protagonist’s revenge. Portrayals of arm chopping, beheading and stabbing, though suggestive, were accompanied by the vivid depictions of the fierce expression of the protagonist and the painful and fearful expression of the victims against a suspenseful atmosphere, as well as feature shots of the victims being stabbed and a severed head standing on a table. These scenes would cause alarm or distress to children; and

(d) both the fighting sequence in the 16 May Episode and the revenge sequence in the 17 May Episode were quite prolonged. Together with other violence scenes, they would impact on children and were unacceptable for a programme broadcast within the FVH, even taking into account the genre and setting of the programme.

Decision

In view of the above, the CA decided that TVB should be strongly advised to observe more closely the relevant provisions of the TV Programme Code.

Case 3 – Television advertisement for “Wu Liang Ye” (五粮液) broadcast on the Jade Channel of TVB on 29 March 2013 at 9:29am

A member of the public complained that the advertisement of an alcoholic - 9 -

liquor was broadcast in a commercial break within a Japanese animation movie targeting young children.

The CA’s Findings

Details of the case (a) the concerned advertisement was a 15-second advertisement of a brand of Chinese liquor, which was originally restricted for broadcast outside children’s programmes and outside the family viewing hours;

(b) the concerned advertisement was, however, broadcast at 9:29am within the first commercial break of the alleged children’s animation movie broadcast on 29 March 2013, a public holiday during the Easter; and

(c) TVB admitted that the lapse was due to an operational oversight and warning had been given to the responsible staff for tighter monitoring measures in the future.

Relevant Provision in the TV Advertising Code paragraph 2(b) of Chapter 6 - the advertisements of liquor or alcoholic liquor should not be shown in proximity to children’s programmes or programmes which, in the opinion of the CA, target young persons under the age of 18.

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The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that there was a clear breach of the relevant provision which was a basic requirement in the TV Advertising Code.

Decision

In view of the above, the CA decided that TVB should be strongly advised to observe more closely the relevant provision of the TV Advertising Code.

Case 4 – Television advertisement for “Gucci Guilty Black” broadcast on the Children Channel of HKCTV on 20 March 2013 at 5:16pm and 6:02pm

A member of the public complained that the advertisement contained portrayals of caressing of a couple which exerted a bad influence on children and was unsuitable for broadcast on the concerned channel targeting children.

The CA’s Findings

In line with the established practice, the CA considered the complaint case and the representations of HKCTV in detail. The CA took into account the relevant aspects of the case, including the following –

Details of the case (a) the concerned 30-second advertisement for a fragrance was found at the - 11 -

specified times on the Children Channel in commercial breaks during the broadcast of two animation programmes targeting young children;

(b) it featured a dark cinematic scene which portrayed a woman and a male motorcyclist kissing at the back of a limousine, with the woman lying down and embracing the man revealing her bare legs, and the man lying on top of her touching her hair curls and kissing her neck; and

(c) HKCTV had restricted the broadcast of the advertisement to outside the Children Channel. Nonetheless, due to a lapse in communication, the advertisement had been mistakenly broadcast on the Children Channel from 8 March 2013 to 8 April 2013 until HKCTV received a complaint and remedied the fault.

Relevant Provision in the TV Advertising Code (a) paragraph 2 of Chapter 3 - the content, presentation and placement of all advertising material must comply with the TV Programme Code;

Relevant Provisions in the TV Programme Code (b) paragraph 8 of Chapter 2 - nothing which is unsuitable for children or young viewers should be shown in programmes or on channels targeting children or young viewers;

(c) paragraph 7 of Chapter 5 - depictions of sexual behaviour or nudity must be incidental, extremely discreet and absolutely necessary to the story line or programme context when they are included in programmes or on channels targeting children or young viewers; and

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(d) paragraph 1 of Chapter 7 - the licensee should be vigilant on the likely effects of all material shown on television on children.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that the sensual portrayals of the intimate act of a couple, such as the man lying on top of the woman at the back of the limousine and kissing her neck, were suggestive of adult behaviour and contained an adult theme. An advertisement with such portrayal was not suitable for broadcast on a channel targeting children or young viewers.

Decision

In view of the above, the CA decided that HKCTV should be strongly advised to observe more closely the relevant provisions in the TV Advertising and Programme Codes.

Case 5 – Television programme “6:00 News” (六點鐘新聞) broadcast on the Home and Asia Channels of ATV on 22 July 2013 at 6:00pm

80 members of the public complained that the duration of the news programme was less than 15 minutes, which was in breach of the relevant condition in the domestic free television programme service licence (“Licence”) of ATV.

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The CA’s Findings

In line with the established practice, the CA considered the complaint case and the representations of ATV in detail. The CA took into account the relevant aspects of the case, including the following –

Details of the Case (a) the news programme, which is usually broadcast at 6:00pm – 6:35pm on weekdays, was a comprehensive news bulletin broadcast on the ATV Home Channel to fulfill the requirements stipulated in Condition 4 of the First Schedule of ATV’s Licence (details set out below). ATV Asia Channel was however exempted from the concerned requirement;

(b) on 22 July 2013, the concerned news programme was scheduled to broadcast at 6:00pm – 6:20pm to make way for the live broadcast of a soccer match at 6:30pm. Nonetheless, the actual duration of the programme was 14 minutes 53 seconds, viz. 7 seconds less than the required 15-minute duration stipulated in the relevant licence condition; and

(c) ATV reported the above lapse in its letter of 23 July 2013 and submitted that the news programme was originally planned to be 15 minutes and 30 seconds in duration but it was under-run for 37 seconds due to the cautious time control of the relevant staff, which led to the actual duration being 7 seconds less than the 15-minute requirement.

Relevant Provision in ATV’s Licence Condition 4 of the First Schedule – the Licensee shall provide on each - 14 -

language service a minimum of two comprehensive news bulletins, each of not less than 15 minutes duration, each evening between 6:00pm and 12:00 midnight.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that –

(a) the presentation and comprehensiveness of the news programme was not affected by the under-run of 7 seconds; and

(b) the lapse, though of a minor nature and being an isolated incident, had reflected that ATV’s management failed to fulfill a basic and long-standing licence condition on the minimum programme duration of the comprehensive news bulletin.

Decision In view of the above, the CA decided that ATV should be advised to observe more closely the relevant condition in its Licence.

Case 6 – Television programme “FIFA Confederations Cup 2013 Kick Off Carnival” (FIFA 洲際國家盃 2013—開幕森巴嘉年華) broadcast on the Jade and HD Jade Channels of TVB on 16 June 2013 at 1:15am – 2:30am

Four members of the public complained that a male programme host’s - 15 -

reference to a female programme host who supported the Japanese soccer team as “weian fu” (慰安婦) was inappropriate, disrespectful to weian fu, insulted women, and denigrated the fans and host who supported the Japanese team.

The CA’s Findings

Details of the Case (a) the programme was a live kick off show for the concerned football match between the Japanese and Brazilian teams;

(b) in a chit-chat, a female programme host expressed that she supported the Japanese team. A male programme host who was in favour of the Brazilian team responded with the remark that he always appreciated the weian fu;

(c) noting the sensitive nature of the remark, the other hosts immediately rounded off the discussion by explaining that the male host was just referring to women who comforted people suffering a loss in football match; and

(d) TVB admitted that the joking reference to weian fu, though being an unintentional slip of tongue in a live show, was inappropriate.

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Relevant Provisions in the TV Programme Code (a) paragraph 1 of Chapter 3 - licensees should ensure that their programmes are handled in a responsible manner and should avoid needlessly offending audiences by what they broadcast; and

(b) paragraph 2(a) of Chapter 3 - a licensee should not include in its programmes any material which is, among others, of bad taste which is not ordinarily acceptable to the viewers.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that the host’s poking fun at the weian fu was insensitive, offensive, of bad taste and was in breach of paragraphs 1 and 2(a) of Chapter 3 of the TV Programme Code.

Decision

In view of the above and taken into account that the utterance of the remarks was brief and TVB had admitted the lapse, the CA decided that TVB should be advised to observe more closely the relevant provisions of the TV Programme Code.

Case 7 – Television programme “News” (新聞報道) broadcast on the I News Channel of TVB on 16 January 2013 at 10:30am – 10:54am

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A member of the public complained that during an interview at 10:33am in the news programme, advertisements of the TVB Jade Channel were broadcast in the background which amounted to abuse of the programme time to broadcast advertisements.

The CA’s Findings

Details of the Case (a) during the livecast of an interview with a representative of a community organisation around the specified time, a television set was found in the background. It was switched to a TVB channel where some programme promos and advertisements were shown. The volume was turned down and no clear audio of the TV set was heard. However, there were closer shots of the interviewee’s face, with the screen of the TV set occupying about one-fourth of the whole screen of the news programme concerned, for a continuous duration of about three minutes;

(b) due to the large size of the TV screen, the visuals of several advertisements therein clearly showed the brand names and other commercial messages (such as enquiry hotline) of the advertised products/services; and

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Relevant Provision in the TV Programme Code paragraph 7(f) of Chapter 9 – no advertising matter should be included in the contents of a news programme.

The CA’s Considerations

The CA, having regard to the relevant facts of the case, considered that –

(a) the inclusion of advertising material on the TV screen in the background during the interview might be unintentional and the advertising effect rendered in the circumstances might not be strong; and

(b) the case still constituted a breach of paragraph 7(f) of Chapter 9 of the TV Programme Code set out above.

Decision In view of the above, the CA decided to classify the complaint as a minor breach of the relevant provision of the TV Programme Code.