雙語社評齊齊聽
英語 (足本收聽)
普通話 (足本收聽)
【明報專訊】THE COMMUNICATIONS AUTHORITY has ruled that TVB abused its dominant position and violated the competition provisions of the Broadcasting Ordinance, and fined the TV station $900,000.
英語
通訊事務管理局（下稱通訊局）裁定無綫電視濫用優勢，違反《廣播條例》的競爭規定，處以罰款90萬元。
普通話
The Communications Authority found that over the period from 2007 to 2010, around 90 per cent of Hong Kong singers were on a contract with TVB. Apart from full-time contracts, singers and artists also entered into one-show contracts, serial-based contracts and singer contracts with TVB, and under these three types of contract they were only in a temporary working relationship with the TV station. Nevertheless, they were constrained by the contracts' "exclusive clauses", and strict restrictions were placed on their appearing on other TV channels.
英語
據通訊局的調查發現，在2007至2010年間，約90%歌手與無綫簽訂了合約，除了全職合約之外，藝人歌手與無綫簽訂的合約分3類，包括一次演出合約、部頭合約和歌手合約，他們與無綫只有短暫工作關係，但是囿於「獨家條文」約束，使他們除了在無綫演出，若在本港其他電視台亮相，就備受約束。
普通話
These contracts stipulated that these artists and singers could not take part in promotional activities organised by other TV stations. They could not use their own voices nor speak in Cantonese when appearing on other TV channels. As a result they all had to speak in broken Putonghua. And, if they took part in a TV drama not produced by TVB, their voices had to be dubbed over before the drama could be broadcast in Hong Kong. The anomaly of Hong Kong's TV industry is a strange sight to behold.
英語
有關合約，規定藝人歌手不能在其他電視台使用原來的聲音，禁止他們出席其他電視台宣傳活動，以及不能在其他電視台用廣東話等，致使這些藝人歌手在其他電視台亮相時，變成要說蹩腳的普通話，他們在外地拍攝的劇集，若在本港播出，也要配上其他人的配音才可以出街。這種畸形現象，是香港電視界一大奇景。
普通話
Furthermore, if these artists and singers wanted to undertake outside work, they had to obtain TVB's consent first. The Communications Authority takes the view that such "exclusive clauses" had the purpose and effect of preventing TVB's rivals from hiring the artists and singers. Though signed by mutual consent, these contracts violated the competition provisions of the Broadcasting Ordinance. The Communications Authority therefore ordered that TVB pay a fine and immediately bring to an end the infringement.
英語
另外，這些藝人歌手若到外間工作，都要向無綫申請。通訊局認為，「獨家條款」有妨礙競爭對手使用藝人歌手的目的和效果。雖然合約乃你情我願，但是因為違反《廣播條例》有關競爭的規定，因而裁定罰款和無綫要即時停止違規行為。
普通話
The contracts TVB signed with artists and singers were so unfair and harsh that they were, strictly speaking, "unequal treaties". Such a situation definitely has to do with the ecology of the free-to-air TV industry. Now that the Communications Authority has ordered TVB to stop making these unequal contracts, will these singers and artists be liberated from the unfair situation? It doesn't seem to be the case. As long as the free-to-air TV ecology remains unchanged and ATV remains as good as dead, TVB's hegemony will still be solid as a rock. Artists and singers, even if their contracts no longer contain the unfair terms, will be in an essentially similar relationship with TVB - unless they take their popularity as immaterial. For TV stations have a lot of ways of bringing artists and singers under control and making them follow their orders, and contracts are merely one of them.
英語
無綫與藝人歌手的合約，不合理和苛刻之處，嚴格而言是「不平等條約」。這種局面，肯定與免費電視的生態有關。現在通訊局限令無綫停止再用不平等合約，但是藝人歌手真的獲得「解放」了嗎？看來未必。因為只要免費電視生態不變，亞視仍然屍居餘氣，則無綫的霸主地位穩如泰山，即使合約沒有規定，除非藝人歌手視名聲人氣如浮雲，否則，他們與無綫的實質關係，相信會換湯不換藥。因為要約束藝人歌手，合約只是其中一個方法，電視台還有更多招數使他們主動聽命行事。
普通話
It is only by opening up the free-to-air TV market and introducing competition that TVB's virtual monopoly can be broken up. However, over the matter of issuing new free-to-air TV licences, the government has been dawdling. Whenever he is asked about this, Secretary for Commerce and Economic Development Gregory So Kam-leung will just say that the Executive Council is dealing with the issue and that an announcement will be made if there is any progress. It was the government's policy to issue new TV licences, but the matter now seems to be left unsettled. The government cannot possibly shift the blame now that the free-to-air TV industry is rotten. Obviously it knows that only real competition can shatter a TV station's monopoly. But it has chosen not to take action. The government's attitude is really baffling.
英語
開放免費電視市場，引入真正競爭，才可以改變無綫實質壟斷的地位。不過，關於增發免費電視牌照，政府正在冷處理，商務及經濟發展局長蘇錦樑每次觸及此事，只說行政會議正在處理，有進展就會公布。增發牌照原本是政府政策，但是現在事態搞得宛如爛尾，免費電視之腐朽，政府有不可推卸的責任。只有真正的競爭，才可以打破壟斷的道理，政府一定知道，只是知而不行，政府這種取態，實在使人無法理解。
普通話
明報社評2013.09.20
Presented by lecturers of Hong Kong Community College, PolyU and The Hong Kong Polytechnic University
Franco Wong
Lecturer, HKCC
http://www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=75&lang=eng
焦妮娜
香港專上學院講師
http://www.hkcc-polyu.edu.hk/staff_directory/social_communication/details.php?id=92&lang=chi
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