The Broadcasting (Miscellaneous Provisions) Ordinance stipulates that the licensee or other person who is the subject of complaint must be given a reasonable opportunity (under normal circumstances, a minimum of 14 working days) to make representations to the BCC before the BCC considers the complaint. OFCA will notify the licensee and any other relevant parties, in a letter inviting representations, of the general source and the substance of complaint and the provisions in the legislation, licence conditions or codes of practice which might have been contravened. The identity of the complainant is protected. Unless with the prior consent of the complainant, the record of personal data will not be disclosed. The licensee and any other relevant parties can as of right make written and/or oral representations to the BCC. (Guidelines for making representations to the CABCC are available here.)
The BCC examines each complaint carefully. The material under complaint is reviewed and all representations are assessed before the BCC makes recommendations to the CA. The OFCA will inform the licensee concerned of the CA's provisional findings after the CA has deliberated the complaint and invite the licensee to make further representations. (Guidelines for making further representations to the CA are available here.) If the licensee does not submit further representations, the CA's provisional findings will become the CA's final decision. Should the licensee submit further representations, the CA will consider the information and makes its final decision in the light of the further representations.
Depending on the complexity of the cases and due to the time required to invite representations and to satisfy all statutory requirements, it may take 4 months before the licensees, the complainants who have provided us with their addresses, and other relevant parties can be notified of the CA's final decisions on the complaints.