David Mason

Director, Disability Rights Policy

HREOC

Dear Mr Mason

As you would be aware, on 9 May 2008, a joint application was submitted by Free TV, ABC and SBS (“the applicants”) for an exemption under section 55 of the Disability Discrimination Act 1992 (DDA), in relation to television captioning.

Several submissions have been made to HREOC regarding the exemption, and the applicants appreciate the opportunity to respond to those submissions.

The applicants are committed to working cooperatively with the Government and the deaf and hearing impaired community to agree appropriate future targets for captioning on commercial free to air television. Broadcasters have recently met and corresponded with peak Deaf groups to make this commitment clear.

It remains the applicants’ view that the recently announced Government review provides the best opportunity to undertake the detailed planning and consultative work as regards the next stage of television captioning. It would be counterproductive if the key stakeholders were also engaged in the formal complaints process while the review was proceeding. The review has the potential to address all relevant issues in their entirety, rather than simply providing an ad hoc response to individual complaints.

Free to air television broadcasters have led the way in providing very high levels of program captioning, delivering a significant and valued service to the deaf and hearing impaired community.

Broadcasters are committed to the Government review as the best means for delivering further progress on television captioning. As we have advised HREOC and peak Deaf groups, broadcasters have taken a proactive approach and already met with Government to discuss the review and relevant issues.

Noting the requirement for broadcasters to review their captioning activities in 2006, the applicants were welcoming of indications by the former Minister for Communications, Information Technology and the Arts, that a wide-ranging review of media access issues would take place.

However, due to uncontrollable circumstances, the timing of the Government’s review was significantly delayed. In light of the delays to date in the commencement of the Government review, the applicants have sought only a short exemption to allow that review to progress. That we have sought only a short term exemption is indicative of our commitment to a timely resolution of future captioning targets.

Finally, the applicants note that some submitters have expressed concerns that an exemption would prevent further progress on the quality of television captioning. It should be noted that broadcasters have worked cooperatively with deaf groups to understand and address quality considerations in the presentation of captions and are committed to continue to do so.

Yours sincerely

Free TV Australia

SBS Corporation

ABC Television