CASBAA

Hong Kong

There are two codes for television advertising in the Hong Kong SAR: the Generic Code of Practice on Television Programme Standards and the TV Advertising Code. Responsibility lies with the broadcaster to ensure the codes are observed.

The ‘Domestic Pay-TV’ category occupies the middle ground between the other two categories of ‘Domestic Free’ and ‘Non-Domestic’ in terms of the stringency of advertising regulations. Controls are reflective of the actual size of the HK audiences as the authorities aim to protect minors and uphold public morality. Commercials for Domestic Pay-TV are free of some of the tighter restrictions on the time of day than the same ad going out on the domestic free-to-air channels.

Advertisements for products or services, films and any material not considered suitable for children may not be shown within or in close proximity to programmes targeting children. The same applies for advertisements that provoke anxiety or which contain depictions of violent, dangerous or anti-social behaviour. Religious / devotional programming must carry no advertisements.

Prohibited products and services include firearms and associated equipment, undertakers and others associated with death and burial, unlicensed employment services, registries or offices.

Gambling is severely restricted, banning organisations, companies or persons seeking to advertise betting tips. Any betting (including pools) - with the exception of lotteries, football and horse racing and publications pertaining to horseracing and football betting (as authorized under the Betting Duty Ordinance).

Fortune-tellers, nightclubs, dance halls, massage parlours, saunas, bath houses or similar establishments where hosts or hostesses are employed for the primary purpose of attracting or entertaining customers, escort services and dating services targeting young persons under the age of 18 are also prohibited.

Restrictions also apply to advertisements for real estate, and products, services and establishments offering treatment aimed at the achievement of weight loss or reduction of body fat.

Advertising minutes per hour	No quota control.
Advertising revenue restrictions	None.
Tobacco	Allowed subject to extensive conditions. Commercials must comply with all relevant provisions under the Smoking (Public Health) Ordinance (Cap. 371). Target adults only. Not to be shown in proximity to programmes targeting under-18s. Should not depict children. Not to be presented as prizes or gifts for TV contests.
Alcohol	Subject to extensive conditions relating to the protection of under-18s. Avoid associations of desirability and excess and any context where the consumption of alcohol could be hazardous. Exceptions may be granted for drinks containing less than 1.2% ethyl alcohol by volume. Retail outlets are subject to the same standards as alcoholic drinks companies directly.
Pharmaceutical	Detailed regulations apply. Please refer to: Undesirable Medical Advertisements Ordinance (Cap. 231), Part 1 of the Schedule to the Poisons List Regulations (Cap 138B) or Schedule 1 to the Antibiotics Regulations (Cap 137A). Some products may not be advertised at all: Smoking cessation products (not including nicotine replacement therapy products with restrictions), clinics for the treatment of hair and scalp, pregnancy testing services, clinical laboratory testing services, relief or cure of alcoholism and drug addiction, cosmetic surgery and slimming or weight reducing measures involving the use of medical preparations. Products concerned with miscarriage and abortion.
Gambling	Prohibited apart from lotteries, football and horse-racing betting. See the Betting Duty Ordinance. Publications pertaining to horseracing and football betting may also be advertised (as authorized under the Betting Duty Ordinance (Cap. 108).
Contraception	Refer to Pharmaceuticals and Personal Products Code for appropriate guidance. Advertisements for condoms should be factual only and not claim that condoms offer full protection from AIDS.
Medical	Refer to Pharmaceuticals Code for appropriate guidance.
Food and Beverage	Claims relating to the nutritional and dietary effects of products and services should be handled with care.
Personal	Products such as condoms and female sanitary products should be presented with care and sensitivity. Time restrictions may apply.
Financial	Subject to detailed legal and regulatory requirements contained in all relevant laws. A list is provided in the Code for reference but onus is on the users of the Code to meet the applicable and up-to-date legal and regulatory requirements. Advertisements about stocks, the stock market, investment prospects, investment advice, investment products are generally not allowed. No numerical examples of the proceeds of insurance policies should be quoted in any advertisement.
People	Special care and attention as to how children are represented and addressed in advertising. Issues relating to security and hazardous situations should be carefully addressed. Children just be shown to be adequately supervised in their activities. Advertisements targeting children should protect children from harm (physical, mental, moral). Children should be shown to set a good example of behaviour and manners. Their natural credulity should not be exploited.
Claims	Any claim made needs to be capable of substantiation. Where ‘best-selling’ (or similar) claims are made the basis of the claim needs to be specified in the advertisement itself. Endorsements from medical practitioners are not accepted. Professionals offering advice and support need to do so from a standpoint of substantiated relevance.
Product Placement	Advertising material should be clearly identifiable as an advertisement. Distinctions must be maintained between advertisements and programmes.
Public Service	1 minute per two hours on designated platform.

For reference only