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22 Nov 2017
21 Nov 2017
On the 9th July 2006, RTHK broadcast a documentary programme during the so-called Family Viewing Hours, Gay Lovers,
In January 2007, after its Complaints Committee’s investigation, the Broadcasting Authority handed down and published an admonition criticising that the programme produced by RTHK had not been able to fulfil the Codes of Practice issued by the Authority.
On the 12th March 2007, the Information, Technology and Broadcasting Panel of the Legislative Council also passed a motion hoping that the Broadcasting Authority could revisit the admonition because the ruling created discrimination based on sexual orientation.
On the 23 March 2007, the Broadcasting Authority stated that the ruling was ‘functus’ and thus unable to revisit it.
In June 2007, the applicant of the case then applied for judicial review.
In February 2008, Judge Hartmann of the High Court heard the oral argument from the parties.
On the 8th of May, the Court issued certiorari and struck down the admonition because of its discriminatory nature and the resulted unjustified interference on freedom of speech.
On 4 July 2008, the Broadcasting Authority announced that it would not appeal.
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