The Hong Kong Court of Appeal, in a 2-1 majority, quashed the Communications Authority’s findings against Radio Television Hong Kong (RTHK) for breaching the media code on Wednesday. The court nullified the warning that had been issued as a sanction for the alleged violations of principles concerning accuracy and impartiality.
The appeal centered on Headliner, a satirical show first aired in April 1989 that focused on current affairs, primarily in Hong Kong and mainland China. The contested episode, which aired during the COVID-19, criticized Hong Kong police anti-epidemic efforts. The episode drew strong criticism from the police and triggered 3,304 complaints from the public.
Citing the Generic Code of Practice on Television Programme Standards, the Authority determined in 2020 that: (i) RTHK had failed to make reasonable efforts to ensure that the factual contents of the program were accurate, (ii) RTHK had not provided sufficiently broad range of views, and (iii) the program contained material that is denigrating or insulting to the Police based on social status.
The court unanimously ruled that the Authority had committed “fundamental errors” in assessing whether RTHK breached its duties under the code. Regarding the accuracy issue, Judge Poon held that the Authority failed to consider RTHK’s argument that the impugned remarks were a satirical expression of public concerns over the police’s reduced foot patrols. On the second issue, the court found that the Authority was “Wednesbury unreasonable” for failing to consider that RTHK had twice invited the police to present their views on the show through studio interviews.
However, the court was divided on whether the show denigrated or insulted the police based on their social status. Judges Kwan and Au both agreed that the episode expressed public dissatisfaction with the police’s work and professionalism but did not target police officers based on their social status. In contrast, Judge Poon argued that there is “a line of decency that even satires cannot cross,” contending that the police comedy sketch depicting officers as worthless as trash went beyond ridiculing police conduct and amounted to denigration.
Headliner was discontinued one month after the authority’s decision, generating concerns about the freedom of press in Hong Kong. Following the Authority’s decision, the Hong Kong Journalists Association remarked that judging a program’s tone and approach is highly subjective and could easily lead to political repression. Conversely, the then Secretary for Commerce & Economic Development, Edward Yau, supported the Authority’s decision and called on RTHK to review whether improvements could be made to its management and governance.