COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY v. THE SUN NEWS PUBLISHER LTD

COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY v. THE SUN NEWS PUBLISHER LTD

Both articles are indecent because the photographs were prominently displayed, depicted a half-naked woman in titillating and glorifying terms, reached a wide and juvenile-capable readership, and were therefore unsuitable for publication to juveniles under s.2B; publishers' intentions (aside from honest purpose) are irrelevant and prior classification comparisons are excluded.

Citation
COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY v. THE SUN NEWS PUBLISHER LTD
Parties
Prosecution: Television and Entertainment Licensing Authority (Commissioner for Television and Entertainment Licensing Authority); Defendant (publisher): Oriental Daily Publisher Limited; Defendant (publisher): The Sun News Publisher Limited
Court
Obscene Articles Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 September 2007
Case Number
OATD31/2006
Procedural Posture
Determination Under Control of Obscene and Indecent Articles Ordinance (cap. 390) Part V / Determination Hearing Under Section 29
Outcome
Both articles determined to be indecent
Legal Topics
Indecency, Classification Vs Determination, Section 10 Guidance, Suitability for Juveniles, Evidence Admissibility (comparison), Publisher Intention
Source Language
EN
Obscene and Indecent Articles Ordinance (cap. 390) Media Regulation Criminal Law Indecency Classification Vs Determination Section 10 Guidance Suitability for Juveniles Evidence Admissibility (comparison) +1 more

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Parties

Television and Entertainment Licensing Authority (Commissioner for Television and Entertainment Licensing Authority)

Prosecution

Oriental Daily Publisher Limited

Defendant (publisher)

The Sun News Publisher Limited

Defendant (publisher)

Procedural Posture

Determination Under Control of Obscene and Indecent Articles Ordinance (cap. 390) Part V / Determination Hearing Under Section 29

Legal Issues

  1. 1 Whether the two newspaper articles are indecent under s.2B and the s.10 guidance of Cap. 390
  2. 2 Whether publishers' intentions (except honest purpose) are relevant to indecency determination
  3. 3 Whether previous classified publications may be relied on for comparison

Ratio Decidendi

Both articles are indecent because the photographs were prominently displayed, depicted a half-naked woman in titillating and glorifying terms, reached a wide and juvenile-capable readership, and were therefore unsuitable for publication to juveniles under s.2B; publishers' intentions (aside from honest purpose) are irrelevant and prior classification comparisons are excluded.

Court Disposition

Both articles determined to be indecent