Consultation needed on proposal to waive the impartiality rule
- The proposed exemption so that television and radio broadcasts need not remain “impartial” when they involve national security, national education and national identity deserves thorough discussion
The national security law has redefined norms and boundaries in Hong Kong over the past three years. Like it or not, this is something to be reckoned with.
The latest move is a proposed exemption so that television and radio broadcasts need not remain “impartial” when they involve national security, national education and national identity. Given the implications for programme production and public communication, the suggestion deserves thorough discussion.
Since February, broadcasters need to produce no less than 30 minutes of programmes each week on national education, national identity and the national security law. The Communication Authority said licensees had concerns that there might be complaints that no opposing views are included, and the inclusion of objections to the national security law just for the sake of observing impartiality might be seen as breaching the law.
“There is a case to stipulate that the impartiality requirement is not applicable to such programmes,” the authority said in a consultation document. It also seeks to exempt programmes from “reputable” broadcasters in mainland China.
Broadcasters are understandably concerned that they may be accused of being one-sided by just airing the official view. However, it probably takes more authoritative legal advice to determine whether the inclusion of opposing views would amount to violation of the law.
Hong Kong bid to waive impartiality rule for national security shows criticised
But as far as national security is concerned, there seems to be little room for dissent. This has been reflected in the elaboration of the relevant details by the authorities since its introduction in 2020.
Currently, a licensee must ensure due impartiality is preserved in respect to news and current affairs programmes, segments dealing with matters of public policy and controversial issues of public importance. This includes being even-handed when presenting opposing points of view. Where necessary, a programme host should also correct factual errors to the best of his or her knowledge.
Fair and balanced has long been the guiding principle for broadcasters. It ensures the audience will be given different perspectives in relation to issues of a controversial nature. Questions have been raised as to whether such an exemption will be extended to news reporting.
Few would say they are not aware of the law nowadays. But the scope and its applications remain an issue of concern. Some may already feel overwhelmed by the official publicity. Others may still think there is room for more.
We trust that broadcasters have no intention to defy the law. But they need clear and reasonable guidelines to help discharge their duties in an acceptable and professional manner. The consultation is a timely occasion for stakeholders to air their concerns and strike the right balance.
