Page:Broadcasting Ordinance (Cap. 562).pdf/79

BROADCASTING ORDINANCE '''20. Authority may impose financial penalties'''

Section 24 is amended—
 * (a) in subsection (3)—
 * (i) in paragraph (a), by repealing “$20,000” and substituting “$80,000”;
 * (ii) in paragraph (b), by repealing “$50,000” and substituting “$200,000”;
 * (iii) in paragraph (c), by repealing “$100,000” and substituting “$400,000”;
 * (b) by adding—
 * “(3A) The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that penalty.

21. Section added

The following is added—
 * “25A. Licensee to include correction or apology in sound broadcasting service
 * (1) Subject to subsection (3), the Authority may, in a case described in subsection (2), direct a licensee by a notice in writing served on it, to include in a sound broadcasting service specified in the notice, a correction or apology, or both, in a form approved by the Authority, in such manner (including within such period and within such time of day) as is specified in the notice.
 * (2) The Authority may issue a direction under subsection (1) if it is satisfied that the licensee did not comply with—
 * (a) a licence condition;
 * (b) a requirement under this Ordinance applicable to the licensee;
 * (c) a direction or order issued, or determination made, under this Ordinance applicable to it; or
 * (d) a provision in a Code of Practice applicable to it.
 * (3) The Authority shall not issue a direction under subsection (1) unless the licensee has been given a reasonable opportunity to make representations in writing to the Authority regarding the matter complained of.
 * (4) Where the licensee carries out a direction under this section, it may announce that it is doing so pursuant to the direction.”.

Copyright Ordinance 22. Reception and re-transmission of broadcast in cable programme service

Section 82(1)(b) and (2)(b) of the Copyright Ordinance (Cap. 528) is amended by repealing “under the Television Ordinance (Cap. 52)” and substituting “, or deemed to be licensed, under the Telecommunication Ordinance (Cap. 106)”.

23. Reception and re-transmission of broadcast in cable programme service

Section 259(1)(b) and (2)(b) is amended by repealing “under the Television Ordinance (Cap. 52)” and substituting “, or deemed to be licensed, under the Telecommunication Ordinance (Cap. 106)”.