Asia Television has been fined $250,000 for contravening the Broadcasting Ordinance and ordered to submit a proposal to boost its internal monitoring system within a month to prevent similar breaches in future, the Broadcasting Authority says. 

ATV allowed nine disqualified people to exercise control of ATV by virtue of their association with Phoenix Weekly Magazine without the Chief Executive-in-Council's approval from July 7, 2000 to June 1 last year.

The disqualified-person restriction is a fundamental safeguard in the Broadcasting Ordinance against the risks of media concentration and editorial uniformity.

The law stipulates a domestic television programme service licensee must submit annually a statutory declaration showing whether or not any disqualified person exercised any control in the licensee during the previous year. The burden of compliance is on the licensees.

ATV's failure reflects gross negligence on the part of its management and a repeated failure to exercise due diligence in reminding its shareholders, directors and principal officers about the law requirements.

73 complaint cases dealt with in June

The sanction has taken into account the fact that, in this case, the effect of the breach on media concentration and editorial plurality appeared to be limited as the magazine concerned had a small circulation in Hong Kong.

Last month the Commissioner for Television & Entertainment Licensing dealt with 73 cases. Four were classified as minor breaches and 48 as unsubstantiated while 21 were outside the Broadcasting Authority Ordinance. For complaint details, click here.