The Hong Kong Court of Appeal has declined the government’s request for permission to escalate a case against a satirical show to the Hong Kong Court of Final Appeal. The program, produced by Radio Television Hong Kong (RTHK), was criticized by authorities for its portrayal of police actions during the COVID-19 pandemic. The government’s appeal was focused on alleged breaches of the Generic Code of Practice on Television Programme Standard, which mandates due diligence in broadcasting content, especially when combining facts and opinions.
The Communication Authority presented three questions to the court. The first sought clarification on broadcasters’ verification duties, yet the court deemed the matter academic, reaffirming an earlier judgment that the government hadn’t used the correct statutory process. The second question revolved around balancing free speech and government responsibility for unbiased public broadcasting, which the court concluded lacked substantive public importance. The third question challenged the interpretation of “social status” within the Code, attempting to argue for a broader definition than the court’s previous decision, which emphasized personal characteristics. The court dismissed this argument due to its narrow relevance.
This decision upholds a September 2024 ruling by the Court of Appeal, which found no violation of broadcasting standards by RTHK in their portrayal of police activities during the pandemic. For further exploration of this legal contention, see the Court of Appeal’s previous decision. The government retains the option to seek leave from the Court of Final Appeal under the Hong Kong Court of Final Appeal Ordinance if dissatisfied with this ruling.
For a full account of the recent proceedings, refer to the original report by JURIST.