HONG KONG SAR, CHINA Law and Practice Contributed by: Angus Forsyth, Angus Forsyth & Co
5. Social/Digital Media 5.1 Special Rules Applicable to Social Media The Broadcasting Ordinance expressly provides that the internet is not to be regarded as a television pro - gramme service and matter communicated by way of social media on the internet is therefore not of itself The posting by others on the site or social media chan - nels of an advertiser is not the liability of the advertiser provided that the advertiser had no responsibility for the editorial content of the third party posting content. 5.3 Disclosure Requirements As stated above, online disclosures and disclosures in social media as the internet communication forum is not a television programme service. 5.4 Requirements for Use of Social Media Platforms subject to regulation by the government. 5.2 Liability for Third-Party Content Hong Kong does not prohibit social media platforms and all available social media platforms can communi - cate without restrictions on content except in relation to the normal rights of third parties in common law or statute such as breach of copyright, breach of trade mark and personal data privacy restrictions. 5.5 Influencer Campaigns and Online Reviews 5.5.1 Special Rules/Regulations on Influencer Campaigns Hong Kong has no special rules or regulations that apply to the use of influencer campaigns, and such campaigns are subject to application of the general law and specific legislation relative to content. The influencer can, of course, benefit the product sub - ject of the influencer output and to that extent could be regarded as an advertiser. To put both at ease, the influencer should require the execution of a compre - hensive release by the producer. 5.5.2 Advertiser Liability for Influencer Content There is no such legally imposed duty but an adver - tiser is best advised to monitor the content posted by an influencer in order to ensure no breach of the
4.3 Challenging Comparative Claims Made by Competitors Action can be raised to restrain a comparative advertising claim. As stated in 4.1 Specific Rules or Restrictions , it is entirely possible for “disparag - ing” advertisement to be objectionable to the dispar - aged competitor. Both in regard to the 4As Code in respect of a specific member of the Association of Accredited Advertising Agencies and in conformity with the requirements of the Broadcast Codes where there is a breach of any of these applicable require - ments by an advertiser and its claim, it is possible for the competitor provider of goods or services to make appropriate complaint to the Association or the Communications Authority in relation to the Broad - cast Codes for appropriate review and examination by each of these authorities of the matter complained of. Additional action can be taken by the Customs and Excise Department in relation to the Trade Descrip - tions Ordinance if the comparative claim constitutes Ambush marketing is the marketing of the activity of an entity that is not an organiser or an official sponsor of an event, constituting an active attempt simply to use or to create an erroneous and false impression of association with the event and taking a free-rider advantage of the reputation and outreach of the event, without the permission of the event owner/organiser and without incurring any or a small amount of the substantial sponsorship cost involved with official sponsorship of the particular event. There is no cur - rent specific Hong Kong ambush marketing legisla - tion to protect Hong Kong-centred or Hong Kong sponsorship expenditure. Common law provides right infringement remedies in certain circumstances – such as passing off, trade mark or copyright viola - tion or misrepresentation, or registering fake similar domain names – but the rights to take these actions are personal to the alleged infringed sponsor and, in the absence of specific contractual entitlement, they are not automatically and generally available across the board either to restrain or to entitle marketing par - ticipators, as the case may be. a false trade description. 4.4 Ambush Marketing
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