Application for further exemption under DDA section 55: Broadcast television captioning
See now decision and notice of revised application
The Human Rights and Equal Opportunity Commission has received an application under section 55 of the Disability Discrimination Act from Free TV Australia, on behalf of its member networks together with ABC TV and SBS TV, for an exemption in relation to captioning of television programs.
The application (MS Word document) is attached. See also now submissions in response
The exemption requested is further to an exemption granted by the Commission in 2003 . The applicants indicate that
- they have met and are prepared to continue to meet the conditions of that earlier exemption (which provided for staged increases in levels of captioning from pre-existing levels of 38 - 40 per cent to reach 70% over teh last year of the exemption)
- they seek a short period of further exemption to provide protection from complaint liability pending the completion of the review of captioning requirements currently being conducted by the Commonwealth Government.
The Applicants seek an exemption until 31 November 2008 on condition that each of the Applicants continue to implement the following undertakings in relation to its own services:
- All broadcasters to caption programs (other than sport) that commence in prime time until their conclusion.
- Seven, Nine and Ten to continue to caption all new P and C programs.
- ABC to continue to caption all new schools programs. ABC to continue to caption new Australian pre-school and children's programs with an annual target of 50 hours.
- ABC to continue to caption new overseas children's programs with an annual target of 50 hours.
- ABC will caption approximately 1000 hours of pre-school and children's programs broadcast annually.
- Broadcasters to continue to closed caption a minimum of 70% of programs broadcast to the end of the exemption.
- The percentage measurement to apply to programs broadcast on the broadcaster's primary channel between 6am and midnight, measured on an annual basis.
- Programs do not include advertising, sponsorship or promotional material, or community service announcements.
- Captioned programs include foreign language subtitled programs.
- Hours of programs broadcast exclude foreign language programs exempted by section 38(4B) of the Broadcasting Services Act 1992 .
- In addition, in relation to the ABC, the percentages apply to all nationally transmitted programs broadcast. In addition to these nationally transmitted percentage targets, the ABC will continue to caption all state and territory news and current affairs programs (approximately 1500 hours of captioned programs annually).
- Broadcasters to report to the Human Rights and Equal Opportunity Commission by the end of October 2008 on implementation of these undertakings.
- Support by broadcasters for actions seeking to improve the quality of captions.
Request for submissions
In accordance with its policy on exemption applications, the Commission seeks to give interested parties an opportunity to participate in the process of considering this application.
The Commission seeks submissions by 10 June 2008, by email to disabdis@humanrights.gov.au. The period for comments in this case has been reduced from the six weeks generally provided by the Commission to a four week period, in view of previous consideration of these issues by the Commission including consultation with interested parties.
To promote open public discussion and exchange of views, the Commission intends to posting submissions made electronically on its Internet site. Any requests for material to be treated as confidential should be clearly indicated.
David Mason
Director Disability Rights policy, HREOC
13 May 2008