plaintiff:
  - COMMISSIONER FOR TELEVISION AND ENTERTAINMENT LICENSING AUTHORITY

defendant:
  - ORIENTAL DAILY PUBLISHER LIMITED
  - THE SUN NEWS PUBLISHER LIMITED

case_reason: Determination under Section 29(5) of the Control of Obscene and Indecent Articles Ordinance (Cap. 390) regarding whether two newspaper articles published on 2 December 2005 containing photographs of model Kelly Brook topless on a beach were indecent and unsuitable for publication to juveniles.

judgment_summary: The Obscene Articles Tribunal exercised its jurisdiction under Part V of the Control of Obscene and Indecent Articles Ordinance to determine whether two articles published in Oriental Daily (page C21) and The Sun (page C54) were indecent. Both articles featured a main photograph showing model Kelly Brook topless with actor boyfriend Billy Zane on a beach, with nipples and aureoles obscured by small squares. The Tribunal applied Section 10 guidance considering moral standards, dominant effect, readership, honest purpose, and Section 2B definition (unsuitable for juveniles under 18). The Tribunal rejected arguments regarding publishers' intentions and prohibited comparison with previously classified materials. The Tribunal found the photographs were given prominent effect, contained gratuitous portrayals of the body and breasts with vivid language, had wide readership reaching all ages, and glorified the naked body in a titillating manner. Both articles were determined to be indecent beyond reasonable doubt.

jurisdiction_code: HKOAT

jurisdiction_name: Obscene Articles Tribunal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Obscene and indecent articles determination
  - Publication standards for newspapers
  - Protection of juveniles from indecent content
  - Media regulation and censorship

judgment_result:
  - charge: Publication of indecent article in Oriental Daily on 2 December 2005 (OATD30/2006, ESS12681/2006)
    result: Determined to be indecent
  - charge: Publication of indecent article in The Sun on 2 December 2005 (OATD31/2006, ESS12812/2006)
    result: Determined to be indecent

involved_entities:
  - entity_name: W LEUNG
    reason: Presiding Magistrate in OAT Tribunal who delivered the judgment
  - entity_name: LAM Koon-kun
    reason: Adjudicator in the Tribunal
  - entity_name: Tse Wun-shuen, Edward
    reason: Adjudicator in the Tribunal
  - entity_name: Agnes CHAN
    reason: Senior Government Counsel appearing for TELA
  - entity_name: CHENG Huan
    reason: Senior Counsel appearing for both publishers
  - entity_name: Paul LEUNG
    reason: Counsel appearing for both publishers
  - entity_name: Kelly Brook
    reason: Model featured in the photographs at issue
  - entity_name: Billy Zane
    reason: Actor and boyfriend of Kelly Brook featured in the photographs
  - entity_name: Starpix
    reason: International pictures seller who provided the photographs
  - entity_name: Lam J
    reason: Judge in Court of First Instance who held that comparison with previously classified materials should be prohibited
  - entity_name: Control of Obscene and Indecent Articles Ordinance (Cap. 390)
    reason: Primary legislation under which the determination was made