The Broadcasting Authority's censure on a Radio Television Hong Kong (RTHK) TV program on homosexuality has created a chilling effect on free speech and prejudice against gay people, the Court of First Instance was told yesterday.

The court heard the argument in a judicial review hearing filed by 26-year-old Cho Man-kit. Cho, who is a gay man, said the authority's ruling last year caused a significant impact to the sexual minority group.

The controversy started last January when the authority ruled that one of RTHK's Hong Kong Connection episodes broadcast on the Jade channel of TVB in July 2006 was "partial and biased towards homosexuality", and was unsuitable for broadcast within family viewing hours.

The authority also pointed out that the episode, titled Gay Lovers, featured only the views of three homosexuals on the legislation of homosexual marriage, rendering the presentation unfair.

Paul Harris, senior counsel for Cho, told Justice Michael Hartmann in the hearing that the episode is a documentary focusing on the difficulties encountered by the gay community, and it is unnecessary to include opposing views.

He said Gay Lovers is not a public forum like City Forum, another program produced by RTHK, where the public can express their opinions on a variety of social issues.

"The ruling has a chilling effect on free speech. Any producer or director contemplating a program on gay issues would be bound to think long and hard before embarking on a program on a topic," Harris said.

The ruling also created difficulty for gay people to raise public awareness and enhance their understanding of homosexuality, he added.

Harris argued that including opposing views in the program would not protect public morals. Instead, it would create prejudice and might imply that homosexuals are immoral.

He also said that since homosexuality is part of sex education, the program is suitable for children's viewing.

The decision of the authority is unjustifiable, he said.

Since the authority is only empowered to regulate broadcasting licensees and that RTHK is not a licensee but a government department, the authority has acted beyond its power, Harris said.

But Teresa Cheng, senior counsel for the authority, argued it is within the authority's power to deal with all sorts of TV and sound broadcasting.

She told the court that it would be absurd to suggest that RTHK is not subject to any regulatory control.

The hearing continues today.

(HK Edition 02/19/2008 page1)