National Disability Authority
Policy Advice Paper
Broadcasting Authority of Ireland’s
Access Rules Consultation
July 2014
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Question 1: What are your views on the proposed
subtitling targets as detailed above?
We note that users confirm they are happy with a range rather than fixed targets,
and we welcome the progressive increase proposed in the proportion of content
to be subtitled.
We welcome the retention of the five-year target period and the biennial review
of how those targets are being met as a realistic and manageable process.
We welcome the extension of the subtitling targets to the other RTE services. In
particular the NDA has emphasised the accessibility of children’s programmes.
Given the establishment of RTEjr is there a need to review the text of Access
Rule 6.2? Is this text still relevant to the TRTE strand that is broadcast on RTE
Two?
The end-to-end provision of access services is an increasingly complex process
with many intermediaries involved including programme creators, film companies,
broadcasters, re-broadcasters (e.g. SKY), and platform providers such as UPC,
SKY etc.
The NDA is aware of issues with the quality of subtitling, provided by
broadcasters and what is received by viewers. The NDA recommends that the
BAI consider conducting research into the ‘lived experience’ of Irish viewers in
using accessible services in order to independently assess issues with the quality
and quantity of accessible services provided by broadcasters. Similar research
has been conducted in other jurisdictions and the NDA has also conducted
similar research in other domains. The NDA is available to advise on conducting
this research.
Question 2: What are your views on the proposed targets
for audio description?
Broadcasters should already be planning for the provision of closed audio
description via a “red button” command. This facility should lead to a gradual
increase in concurrent audio description services which would help achieve the
mainstreaming of accessible broadcasting.
The NDA welcomes the extension of audio description to RTEjr and the higher
percentage target assigned to that channel. The NDA believes that the overall
targets for audio description are still insufficient and recommends that the BAI
considers increasing these targets, in consultation with broadcasters. Where
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possible the limited resources for audio description should be targeted at civic
participation and public information broadcasts.
Question 3: What are your views on the proposed targets
for Irish Sign Language?
While the number of users is small1 an absence of regular ISL provision in
broadcasting means such users are often profoundly excluded from the social and
cultural experiences that broadcasting provides. The NDA welcomes the
commitment to ISL interpretation of broadcasts and its extension to the other
RTE services mentioned in the document. However, we would like to see more
ambitious targets set. Given the very low starting point, we also suggest that
consultation take place with the Deaf community in relation to what would be
prioritised for extending the range of ISL programming.
In terms of active citizenship, news and current affairs broadcasting relating to
elections or referenda are very important, and we advise a special effort be made
to ensure that the Deaf community can have access to the flavour of the debate
on the referendum scheduled for 2015.
Question 4: What are your views on the proposed
approach to be used by the BAI to measure compliance
with the Access Rules?
Broadcasters have had a number of years to implement the Access Rules and
progress is still slow. Compliance measures need to be tighter. The BAI should
consider adopting Ofcom’s annual statement of those channels required to
provide access services.2 Ofcom have also seen to it that broadcasters that did
not meet their targets in a certain year will carryover the percentage shortfall
into the next year3.
1
Census 2011 showed that some 2,600 people use Irish Sign Language as the language of the
home.
2
http://stakeholders.ofcom.org.uk/broadcasting/guidance/otherguidance/tv_access_serv/channels-access-services2014/?utm_source=updates&utm_medium=email&utm_campaign=access-services-required-2014
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http://stakeholders.ofcom.org.uk/binaries/consultations/accessservs/summary/access.pdf, page 3
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The NDA believes the BAI User Consultative Panels should meet at least three
times a year rather the minimum of one meeting currently prescribed. More
contact should foster greater understanding and awareness of the issues.
In our 2012 submission we highlighted that the quality of subtitling should also be
a factor in determining compliance; we welcome the proposal to adopt this
measure by the BAI.
Question 5: What are your views on this approach to the
setting of targets for new television services?
The NDA welcomes this proposal. We advocated this approach in our 2012
submission. We stated that:
New Digital TV channels should be required, as part of the licence
application process, to set out how they propose from the outset
to build-in accessibility to their programming, and how they
propose to expand the proportion of accessible programming over
time.
Question 6: What are your views on this approach to the
changing of the length of the broadcast day for certain
television services?
The NDA supports this proposal.
Question 7: Are there any other issues that you would like
to highlight in respect of the proposed Access Rules?
Public service broadcasting is now transmitted to and received on a variety of
devices. This includes platforms such as the web and using media players such as
the RTE Player.
It should be taken into account that people with disabilities have the same access
needs in relation to content broadcast via these platforms as they do for content
broadcast via the DTT, satellite and cable platforms. The RTE Player is also
available for use on mobile devices.
In recognition of the existing and projected convergence of broadcasting
technologies, NDA is aware of legislation in other regions such as the 21st
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Century Communications & Video Accessibility Act4 in the USA which
requires that broadcasters that provide content with subtitles on TV must also
ensure that the same content be subtitled when broadcast via the web.
Article 7 of the Audiovisual Media Services Directive (2010/13/EU)5 states that:
Member States shall encourage media service providers under their
jurisdiction to ensure that their services are gradually made
accessible to people with a visual or hearing disability
The NDA recommends that the BAI seek a change to existing legislation in order
to extend the remit of the Access Rules to cover all devices that can receive RTE
programming. This would make the Access Rules consistent with the extension
of the new Public Service Broadcasting Charge to all such devices where they are
liable for the payment of the new charge.
The United Nations Convention on the Rights of Persons with Disabilities6 will
be ratified by Ireland once all the necessary legislative and administrative
requirements under the Convention have been met.
Further to the Convention, States have an immediate obligation to ensure a
minimum essential level of enjoyment of each economic, social and cultural right.
States also have an obligation to take steps towards the progressive realisation of
these rights. In this regard Article 30 states that people with disabilities:
Enjoy access to television programmes, films, theatre and other
cultural activities, in accessible formats
When Ireland has to report on these matters it will be asked to what extent
progress has been made. By keeping the Access Rules under periodic review and
– possibly – extending their reach, the BAI will make a strong contribution
towards this progressive realisation.
The NDA is aware of accessibility issues reported to the BAI on its current
access rules consultation website. The NDA welcomed the opportunity to assist
the BAI by providing advice on how to address some of these issues and
acknowledges the BAI’s efforts to provide content is a variety of formats.
4
http://www.govtrack.us/congress/bills/111/hr3101/text
5
http://ec.europa.eu/avpolicy/reg/avms/index_en.htm
6
http://www.un.org/disabilities/default.asp?id=290
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The NDA will continue to provide advice when requested and recommends that
the BAI review the accessibility of its online presence in line with recommended
international standards - WCAG 2.07.
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http://www.w3.org/TR/WCAG20/
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Appendix- Facts and figures on disability
Numbers of people with disabilities with individual
difficulties/impairments, 20068
Many people have more than one category of difficulty so numbers are not
mutually exclusive
Physical disability
Mobility difficulties
- difficulty walking 15 minutes
- uses a wheelchair
Difficulty using hands/fingers
Pain
Breathing difficulty
Sensory disability
Difficulty seeing (while using glasses)
- cannot see
Hearing difficulties
- cannot hear
Speech difficulties
- cannot speak
Mental health
Mental health difficulty
- depression
- anxiety disorder
- schizophrenia
Intellectual disability
Diagnosed intellectual disability
184,000
160,000
35,000
79,000
153,000
72,000
50,000
2,300
58,000
1,800
35,000
6,400
110,000
31,000
14,000
5,000
50,000
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Based on the 8.1% of the population who reported a disability in both Census 2006 and the
follow-up National Disability Survey
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