The Court of Appeal issued its judgment today (September 4) regarding a warning made by the Communications Authority against the RTHK program “Headliner.” The Communications Authority found in 2020 that an episode of the show had breached the broadcast code by insulting and disparaging the police, but that decision faced a legal challenge jointly launched by the Hong Kong Journalists Association (HKJA) and the RTHK Union (the Union).

On Wednesday, the Court of Appeal unanimously rejected an appeal made by the Communications Authority against a lower court ruling, and upheld parts of an appeal lodged by HKJA and the Union.

In its verdict rejecting the Communications Authority’s appeal, the court found the episodes in question did not violate the broadcast code, and quashed the Communications Authority’s finding.

Although Wednesday’s ruling brought some belated justice to the RTHK team, it is bittersweet, as “Headliner” suspended production a month after the Communications Authority issued its original warning.

While the Court of Appeal allowed most of the appeals lodged by the HKJA and the RTHK Union, it ruled that the two organisations did not have standing to lodge a constitutional challenge on freedom of speech grounds, as the primary injured party, RTHK, did not have the ability to do so as a public body.

The Hong Kong Journalists Association and RTHK Union respect the court’s ruling and do not seek to bring the case to the Court of Final Appeal.

RTHK Programme Staff Union
Hong Kong Journalists Association
September 4, 2024