The Hong Kong High Court has overturned the Broadcasting Authority's ruling that Radio Television Hong Kong (RTHK) had breached the Generic Code governing their operations for not providing an opposite viewpoint when it aired Hong Kong Connection - Gay Loversin which a gay man and a lesbian couple discussed same-sex marriage and the challenges they face. The programme was aired on TVB Jade Channel on Jul 9, 2006.
The judicial review was sought by one of the documentary's subjects Joseph Cho after the Broadcasting Authority announced its ruling that would in effect require RTHK and all other broadcasters to include the views of the anti-gay lobby in every future documentary programme discussing LGBT issues.
The ruling was a result of complaints from the conservative Christian lobby that had alleged that the programme had discriminated against them by not allowing them to provide a contrary view.
According to a news report on RTHK's website, Justice Michael Hartmann said the authority was discriminatory and had restricted the documentary subjects' freedom of speech in its decision. He further cited bird flu and child slavery as examples of issues that simply did not have an alternate viewpoint.
For an in-depth report about the lead up to the judicial review, please click on the related article link below.
Reader's Comments
Contrary and opposing views are NOT relevant and necessary to informative, documentary or reportage pieces, whether in print, television, or other conventional media outlets. The fact that a programme conveying possible 'pro' homosexual views didn't carry an opposing viewpoint is irrelevant.
Agreeing that the said case should have carried an 'anti' homosexual viewpoint would open a very dangerous floodgate - can you imagine if any 'pro' heterosexual-related programme was suddenly obliged to carry 'anti' heterosexual viewpoints/commentary, for equal balance?
Such a ruling (c)would have had enormous implications, theoretically by the spirit of the law, if not by the letter of the law at least, which is possibly why the ruling was overturned.
Alternatively, perhaps good old common sense - a commodity that is also increasingly rare in the world today - was used...
Hong Kong's legal system is the best:)
Rather, you mean, what Some Christian fundamentalists would say, not All Christians. Don't tar everyone with the same brush! My Christian and fairly religious Mum wouldn't watch something condoning homosexuality, and then start muttering: "Well, what a shame the anti-Gay people weren't given the chance to express themselves..."!
Religion, as with politics and other personal viewpoints, brings out extremists/fundamentalists in a small percentage, whereas most people are perfectly sensible, and couldn't care less. Hatred and discrimination runs against the core tenets of Christianity, after all; most Christian leaders all around the world preach tolerance and acceptance, and quite rightly too.
Anyway, just as long as you don't frighten the horses or children (as the old saying goes), people just don't care - Christians, or otherwise...
Amongst other things the judge said that it was "plainly wrong" to believe the TV program Gay Lovers promoted gay marriage. It was a study of the human condition.
"RTHK did no more than faithfully record the fears, hopes, travails and aspirations of a person who happened to be gay," he said. "It did so faithfully, in an unprejudiced manner."
The Broadcasting Authority's misunderstanding of the code resulted in an impermissible restriction on freedom of speech, being founded on the discriminatory factor that homosexuality may be offensive to certain viewers.
See the Standard's report:
http://www.thestandard.com.hk/news_detail.asp?pp_cat=11&art_id=65652&sid=18846256&con_type=1
All the factors mentioned in my post 9 below I would expect to be relevant, and of persuasive authority, when dealing with the MDA in Singapore.
They are also allegedly propagating "human rights" educational materials in schools that totally misrepresent the concept of human rights and which are so homophobic that a teacher went on hunger strike in protest.
If these allegations are true, it would be naive to imagine that such people are only operating in Hong Kong.
Singapore is always trying to compete with HK in being the best (ie: best financial hub, entrepreneurial spirit, rule of law, efficiency, etc. etc.), but time and again, HK has shown itself to be ahead of us in so many ways.
And interestingly, we both share (more or less) a similar inherited legal code. While HK has progressed, we have regressed. In some ways, we are more Victorian than the Victorians. Our "Asian values" that frowns upon homosexuality is founded on colonial white prudishness that we have inherited like good coloured colonial subjects. And the homophobic Christian fundies are the new generation of Christianising missionaries who bring clothes and civilisation to the heathen masses. Ok, I am going off track here.
But imagine if the Broadcasting Authority's decision was upheld. Then every programme that discusses China's strength, progress, politics, HK's patriotism to China, etc. should also include China bashers. Now I doubt if the CCP would be too keen on that. =)
"On moral values, on issues of moral values, with consequences to the wider society - first we should also decide what is right for ourselves but secondly, before we are carried away by what other societies do, I think it's wiser for us to observe the impact of radical departures from traditional norms on early movers. These are changes which have very long lead times before the impact works through, before you see whether it's wise, unwise, is this positive, does it help you to adapt better, does it lead to a more successful, happier, more harmonious society?
"So we will let others take the lead, we will stay one step behind the frontline of change; watch how things work out elsewhere before we make any irrevocable moves."
P.M. LEE HSIEN LOONG ON SECTION 377A, Oct 07
Anyway, what time frame is he talking here? You're already 75 years behind Denmark and 41 years behind the UK. If 377A were repealed tomorrow, it would still probably take another 20-30 years to get to the point where gay partnerships were being seriously considered in SG.
How does that sounds to the heteros? Fair ?
Congrats Siu Cho. A giant leap for gay rights
http://www.bangkokpost.com/080508_Mylife/08May2008_family001.php
http://www.bangkokpost.com/080508_Mylife/08May2008_family000.php
http://www.bangkokpost.com/080508_Mylife/08May2008_family002.php
Do we need a whole generation of 30 years to achieve this change of mindset ??
From Kellen's tone of writing it seems that she's refering to HK v.s SG in an ironic sense-
while HK is moving forward, we in SG stepping backwards. Funny thing is, SG always fancied herself the winner :p
Link here:
http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=61024&currpage=T
Thks for pointing it out =)
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