2 May 1997
MING PAO NEWSPAPERS LTD. v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT AUTHORITY
- Citation
- MING PAO NEWSPAPERS LTD. v. COMMISSIONER FOR TELEVISION AND ENTERTAINMENT AUTHORITY
- Court
- Court of First Instance
- Case number
- HCOA1/1997
The tribunal erred in law by applying an "indispensability" test to require that a pictorial part be essential to the text to qualify as an honest purpose under s.10(1)(e); honest purpose may include use of a photograph to attract or inform readers but the degree, size and adequacy of obfuscation of offending nudity must be assessed for justification. The tribunal's determination is set aside and the matter is remitted for rehearing with directions accordingly.
- Indecency
- Control of obscene and indecent articles ordinance s.10 guidance
- Honest purpose
- Dominant effect
- Obfuscation of nudity
- Judicial review standard (edward v bairstow)