The Communications Authority has lost a bid to challenge a ruling at the top court, after a lower court ruled that the government-funded broadcaster RTHK had not breached its code with a satirical show about the police.
The Court of Appeal on Thursday denied an application by the watchdog to take its case to the Court of Final Appeal (CFA). The challenge stemmed from a court decision last September, when a three-judge panel ruled that RTHK did not breach the media watchdog’s code in an episode of Headliner aired on February 14, 2020.
RTHK programme Headliner. Photo: RTHK screenshot.
According to Thursday’s judgement, the regulator wanted the apex court to consider three questions that carried “great general or public importance.” They concerned the proper approach to assess a broadcaster’s compliance with the duty of verification and impartiality.
The Communications Authority also wanted the top court to discuss the meaning of “social status” in relation to Chapter Three of its code, which concerns general programme standards.
Susan Kwan, vice president of the Court of Appeal, and appeal judge Thomas Au ruled that the case presented by the Communications Authority failed to meet the threshold for leave to appeal to the CFA. The application was rejected.
The authority may still advance its case by seeking a leave to appeal from the top court directly.
Original warning
The original warning was issued in May 2020. It came after the authority received public complaints against the controversial episode, which jokingly implied that police officers had more protective gear than other frontline government agencies and medical staff amid the Covid-19 pandemic.
RTHK’s Headliner received complaints after airing a controversial episode. Photo: RTHK screenshot.
The programme was said to have insulted and denigrated the police, and it was suspended hours after the issuance of the original warning.
The authority’s move was challenged by the Hong Kong Journalists Association (HKJA) and RTHK Programme Staff Union in August 2020. High Court judge Anderson Chow ruled partially in favour of both parties on different legal issues. Both the Communications Authority and the RTHK staff union then filed respective appeals.
The Court of Appeal ruled in favour of the HKJA and the staff union last September and ordered the warning to be revoked.
The HKJA described the court ruling at the time as “belated justice,” adding it was “bittersweet” because the programme had been suspended.
Headliner had been running for around 30 years when RTHK halted production in mid-2020. It was one of many changes the public broadcaster has made in recent years. For example, in 2021, it deleted some videos from its social media channels and told staff to avoid contact with foreign governments or political organisations under new editorial guidelines.
In the wake of the protests and unrest in 2019, RTHK became the target of pro-Beijing supporters who accused the broadcaster of being sympathetic to the pro-democracy cause.
