Replies to LegCo questions
LCQ4: Regulation of undesirable medical advertisements
Following is a question by the Hon Fred Li and a reply by the Secretary for
Environment, Transport and Works, Dr Sarah Liao, (in the absence of the
Secretary for Health, Welfare and Food), at the Legislative Council meeting
today (May 9):
Question:
Quite a number of general weekly magazines published in Hong Kong carry in every
edition a large quantity of full-page advertisements relating to beauty and
figure improvement. Regarding the regulation of advertisements published in the
print media, will the Government inform this Council:
(a) given that in 2004 the Broadcasting Authority (BA) strongly advised two
television stations not to broadcast a certain advertisement for a height
enhancing equipment because BA considered that the claim in the advertisement
could not be substantiated, and that the licensees concerned had not exercised
due diligence in ascertaining the truthfulness of the relevant claim, whether
the publication of similar advertisements in the print media is subject to the
same regulation; if not, of the reasons for that;
(b) whether there are measures to regulate the publication in the print media of
print advertisements carrying contents which are related to beauty, height
enhancement, body trimming and plastic surgery, etc, and involve untruthful
claims; if so, of the details; and
(c) as many advertisements relating to breast augmentation are published in the
above-mentioned general weekly magazines, whether the Government has studied if
such advertisements are subject to the regulation under the Undesirable Medical
Advertisements Ordinance; if it has conducted such a study, of the findings?
Reply:
Madam President,
(a) I understand that at present we do not have a set of comprehensive
legislation to regulate all types of advertisements and their contents. That
said, individual ordinances and codes of practice are in place to govern
advertisements in various areas or the claims made in the advertisements.
As for advertisements on television and radio, it is stipulated in the Generic
Code of Practice on Television Advertising Standards and the Radio Code of
Practice on Advertising Standards issued pursuant to the Broadcasting Authority
Ordinance and the Broadcasting Ordinance that no advertisements may contain
descriptions, claims or illustrations which depart from truth, or misleadingly
claim or imply that the product or service advertised has some special features
which are incapable of being established.
For print media, newspapers printed or produced in Hong Kong are required to
register in compliance with the relevant provisions of the Registration of Local
Newspapers Ordinance. For books and publications printed, produced or published
in Hong Kong, they are required to register under the Books Registration
Ordinance. In addition, books and publications are regulated by the Control of
Obscene and Indecent Articles Ordinance in respect of contents which are obscene
and indecent.
For advertisements in general, various ordinances or codes of practice are in
force to restrict the media (including the print media) from disseminating
untruthful or false advertisements. For instance, the Non-local Higher and
Professional Education (Regulation) Ordinance, the Education Ordinance, the
Companies Ordinance, the Securities and Futures Ordinance, the Protection of
Investors Ordinance, the Securities Ordinance, the Banking Ordinance, etc.
govern advertisements in respective areas, and prohibit, among others,
misrepresentations in advertisements and the publication of false, misleading or
deceptive advertisements. Moreover, the Trade Descriptions Ordinance regulates
those descriptions in advertisements of goods that fall within its definition of
"trade description", including method of manufacture, composition, testing
results, fitness for purpose, strength, etc. False claims are prohibited.
As regards codes of practice, the Association of Accredited Advertising Agents
of Hong Kong has formulated a set of code of practice to regulate the
advertisements produced by its members. The code of practice requires that
advertisements must be legal, decent, honest and truthful. The Consumer Council
also published two sets of Good Corporate Citizen's Guide in 2005 and 2006
respectively, which, among other things, remind enterprises of the need to
ensure that their promotional materials and advertisements are truthful,
unbiased and sensible, without any misleading elements, and in compliance with
the requirements stipulated in the related legislation or rules so that
consumers can make informed decisions of whether to make purchases. In addition,
the Beauty Industry Code of Practice, drawn up by the Consumer Council to assist
the beauty industry, put forward a number of recommendations regarding
advertisements issued by the industry. This is to encourage the industry to
exercise self-regulation and place legal, decent, honest and truthful
advertisements.
(b) Advertisements, including those in the print media, are regulated by the
aforementioned ordinances and codes of practice. Disseminating consumer
information is an important aspect in protecting consumers from untruthful
claims in advertisements. Informed consumers are more vigilant against improper
sales tactics. Since its establishment, the Consumer Council has been performing
its statutory functions under the Consumer Council Ordinance. It collects
consumer market information from time to time, conducts investigations or tests
on various products and services, and publishes its findings through press
conference and its monthly magazine, CHOICE, etc. to help consumers make smart
choices. From 2004 to date, the Consumer Council has issued various reports on
beauty service, height enhancement, body trimming and plastic surgery in the
CHOICE to provide the public with unbiased information on different aspects of
such services and products, such as their quality and efficacy.
(c) The Undesirable Medical Advertisements Ordinance prohibits the advertisement
of medicines, surgical appliances or treatments for prevention or treatment of
certain diseases or bodily conditions as specified in Schedules 1 and 2 to the
Ordinance. The purpose is to protect the public from being induced by
advertisements to seek improper self-medication or treatment which may pose
health or safety hazards to them as a result of delayed treatment.
As defined in the Undesirable Medical Advertisements Ordinance, "advertisement"
includes any notice, poster, circular, label, wrapper or document, and any
announcement made orally or by any means of producing or transmitting light or
sound. However, the truthfulness of claims made in the advertisement does not
fall within the ambit of the Ordinance.
Schedule 2 to the Undesirable Medical Advertisements Ordinance stipulates that
advertisements of any medicine, surgical appliance or treatment for the purpose
of correction of deformity or the surgical alteration of a person's appearance
are prohibited. For advertisements involving the surgical alteration of a
person's appearance such as breast augmentation, they will be subject to the
regulation of the Ordinance.
Ends/Wednesday, May 9, 2007
Issued at HKT 12:55
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