Complaints dealt with by the (“CA”) (released on 28 February 2019)

The CA considered the following case which had been deliberated by the Broadcast Complaints Committee (“BCC”) –

Complaint Case

Television Advertisement for “HKTV Mall Thankful Festival” (HKTV Mall感謝祭) broadcast by Television Broadcasts Limited (“TVB”)

The CA also considered cases of dissatisfaction with the decisions of the Director-General of Communications (“DG Com”) on complaint cases.

Having considered the recommendations of the BCC, the CA decided–

1. that the complaints against the television advertisement for “HKTV Mall Thankful Festival” (HKTV Mall感謝祭) were unsubstantiated and no further action should be taken against TVB; and 2. to uphold the decisions of the DG Com on two cases of dissatisfaction with the decisions of the DG Com. The list of the cases is available in the Appendix.

28 February 2019

Case – Television Advertisement for “HKTV Mall Thankful Festival” (HKTV Mall 感謝祭) broadcast at various time slots from 11 October to 4 November 2018 on Jade Channel and News Channel of Television Broadcasts Limited (“TVB”)

The Communications Authority (“CA”) received 12 public complaints against the captioned advertisement. The substance of the complaints was that the portrayal of a woman jumping through a glass window was dangerous, of a bad theme and unsuitable for children, exerted a bad influence on children and would invite imitation, notwithstanding that the caption “觀眾切勿模仿” was superimposed on the screen.

The CA’s Findings

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

Details of the Case

(a) the 20-second advertisement under complaint was an advertisement for the promotional offers available on an online shopping platform. There were six versions of the advertisement with largely the same contents, except for the final part which covered different brands/products and promotional offers. Against the caption “觀眾切勿模仿” superimposed on the top right corner of the screen, a woman got off from work in an office setting and there was a shot of her jumping through a glass window. The window was smashed into pieces, with a glimpse of the woman getting out from the window. The voice-over then indicated that the woman was hurrying to participate in a shopping campaign held by the advertised online shop. The advertisement ended with the introduction of a list of discounted brands/products and promotional offers; and

(b) the Jade and News Channels had broadcast the relevant versions of the advertisement during the family viewing hours (i.e. 4:00pm – 8:30pm).

Relevant Provisions in the Generic Code of Practice on Television Advertising Standards (“TV Advertising Code”) and the Generic Code of Practice on Television Programme Standards (“TV Programme Code”)

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

TV Programme Code

(b) paragraph 2 of Chapter 2 - the FVH are determined as the period between the hours of 4:00pm and 8:30pm on any day, during which time nothing which is unsuitable for children should be shown;

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

(d) paragraph 6 of Chapter 7 - the portrayal of dangerous behaviour easily imitated by children should be avoided. This applies especially to the use in a manner likely to cause serious injury, of knives and other offensive weapons, articles or substances which are readily accessible to children.

The CA’s Considerations

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

(a) in the advertisement under complaint, the portrayal of an office lady smashing against a glass window and jumping through the shattered glass for the purpose of shopping was exaggerated and to a certain extent, surreal. While the smashing and jumping act should not be endorsed or encouraged, it was arguable that the portrayal sought to achieve the dramatic effect of surprising the audience and that audience nowadays, including children, were in general mature enough to distinguish dramatised scenes from real life. Given the latter and the inclusion of the advisory caption “觀眾切勿模仿” in the advertisement, the risk of imitation by children might not be high; and

(b) having balanced all relevant factors, there was insufficient evidence that the relevant provisions had been breached in the present case.

Decision

In view of the above, the CA considered the complaints unsubstantiated and decided that no further action should be taken against TVB.

Appendix

List of Cases of Dissatisfaction with the DG Com’s Decisions

Title Channel Broadcast Substance of Decision being Date Complaint upheld TV Programme “Kaasan TVB Jade 19.3.2018 Smoking Unsubstantiated Mom’s Life” (每日媽 媽)

Radio Programme RTHK Radio 25.4.2018 Irresponsible Unsubstantiated “Gimme 5” 2 Remarks