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The Hong Kong Consumer Council has no actual powers of control over, or regulation of, advertising.
Its role is to enhance consumer welfare and to empower consumers to protect themselves.
On the whole, the internal self-regulation of the advertising industry through the 4As Code has, over many years, proved itself to result in a well-moderated discipline of approach and outreach and works well.
What avenues are available for competitors to challenge advertising?
The Communications Authority has power to impose sanctions on licensees who do not comply with this Code.
Control of advertising other than that specifically legislated is left to the advertising profession as a self-regulatory function, which is effectively controlled by the 4As in the 4As Code, which all advertising agency members of the 4As must adhere to and comply with.
Hong Kong has always valued total freedom of expression.
The Television Advertising Code and the Radio Advertising Code are collectively referred to as ‘the Broadcast Codes’. Hong Kong has no dedicated registration function or licensing requirement for advertisers or advertising agents per se but the licensed broadcast carriers of advertisements both on television and on radio are required to comply with the respective advertising codes.
May advertisers seek advisory opinions from the regulator?
These days the meaning of the term can arguably be extended to biometric recording and transmission by communication of the photographic image of the data subject and possibly to other biometric records such as the transmitted shape of the data subjects walking profile.
The PDPO requires a set of six data protection principles regulating the collection and use of personal data to be observed by the data user in regard to acceptance and execution of an invitation to participate for which a response requires submission of personal data by the participant with the result that the personal data is collected by the data user.