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; (c) the three brands concerned were identified as the product sponsors of the programme; (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 - 4 - (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.