The Hong Kong Court of Appeal, in a 2-1 majority, has quashed the Communications Authority’s findings against Radio Television Hong Kong (RTHK) for breaches of the media code. The court’s decision nullifies the warning issued to RTHK as a sanction for alleged violations of accuracy and impartiality principles.
The appeal centered on Headliner, a satirical show that first aired in April 1989 and focused on current affairs in Hong Kong and Mainland China. The contested episode, which aired during the COVID-19 pandemic, criticized the police’s anti-epidemic efforts. This episode drew strong criticisms from the Police and prompted 3,304 complaints from the public.
In 2020, the authority determined that RTHK had failed to ensure factual accuracy, did not provide a sufficiently broad range of views, and contained material that denigrated or insulted the Police based on social status. However, the court found that the authority had committed fundamental errors in its assessment. Specifically, Judge Poon noted that the authority failed to consider RTHK’s argument that the remarks were satirical expressions of public concerns over reduced police foot patrols. The court also found the authority was Wednesbury unreasonable for not considering that RTHK had twice invited the Police to present their views on the show.
The court was divided on whether the show denigrated or insulted the Police based on their social status. Judges Kwan and Au agreed the episode expressed public dissatisfaction with police work and professionalism but did not target officers based on social status. Judge Poon disagreed, arguing that the satirical portrayal of officers crossed a line of decency.
The discontinuation of Headliner one month after the authority’s decision has sparked concerns over press freedom in Hong Kong. At the time, the Hong Kong Journalists Association noted that judging a program’s tone and approach is subjective and could lead to political repression.
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