Regulation review: Under Secretary for Commerce & Economic Development Gregory So briefs reporters on the review of the Control of Obscene & Indecent Articles Ordinance.

The Commerce & Economic Development Bureau has launched the first round of public consultation on a comprehensive review of the Control of Obscene & Indecent Articles Ordinance.

Speaking at a press conference this afternoon Under Secretary for Commerce & Economic Development Gregory So said the exercise will help shape measures to improve the regulation of obscene and indecent articles distributed over various media platforms.

Mr So said the ordinance, enacted in the late 1980s, generally reflects the Government's long-standing policy to preserve the free flow of information and safeguard freedom of expression while at the same time protect the young and impressionable.

Rising concern

However, in the last few years the community has become increasingly concerned over the publishing of obscene or indecent materials in entertainment magazines and new media like the Internet.

"A comprehensive review of the ordinance is necessary to ensure the regulatory regime is able to meet the changing needs of the community. Upon completion of this four-month consultation, we aim to draw together the public views and, as far as possible, come up with proposals for a second round of public consultation within 2009," Mr So said.

Taking into account overseas practices and local experience, the Government sets out in its consultation booklet the main issues relating to the operation of the ordinance and a wide range of areas for public discussion.

Discussion topics

These include the definitions of "obscenity" and "indecency", the adjudicating system, the classification system, regulation of new forms of media, enforcement, penalties, as well as publicity and public education. Views outside these areas are also welcome.

Mr So said the Government will consider revising laws or administrative guidelines to give clearer and appropriate definitions of "obscenity" and "indecency".

On the adjudicating system he said the Government wants to improve its consistency and representation to reflect community standards. Topics to be studied include the institutional set up of the Obscene Articles Tribunal, submission of articles for classification, and mandatory classification prior to the laying of charges.

Feedback invited

As some people consider there may be a need to tighten the classification system, the Government will invite the public to give views on a number of proposals including the introduction of sub-classes under Class II (Indecent) under the Control of Obscene & Indecent Articles Ordinance.

On the control of the dissemination of obscene and indecent materials on new media systems, Mr So said people are welcome to comment on the possibilities of asking Internet service providers to tighten up their service contracts with subscribers to prohibit them from publishing such articles, and the implementation of a voluntary labelling system to indicate whether the websites are suitable for youngsters.

The Government will also study the division of labour among enforcement departments, enforcement approach and priorities, deterrence against breaches of the ordinance, and ways to boost publicity and public education to strengthen youngsters' resistance to harmful materials.

Public consultation

Various activities will be held during the consultation period. Town hall meetings open to district councillors and the public will be held. Representatives from various sectors will be invited to participate in focus group discussions.

There will also be a public opinion survey and an online discussion forum, plus youth-oriented publicity will be conducted.