Television captioning background
The Broadcasting Services Act 1992 provides for the captioning of free-to-air television programs. In addition, the Disability Discrimination Act 1992 makes disability discrimination unlawful and aims to promote equal opportunity and access for people with disabilities. The Australian Human Rights Commission may grant temporary exemptions from complaints made under the Disability Discrimination Act.
Broadcasting Services Act 1992
The Broadcasting Services Act 1992 (BSA) requires each commercial television broadcasting licensee and each national broadcaster to provide a captioning service for television programs transmitted during prime viewing hours (6.00 pm until 10.30 pm) and television news or current affairs programs transmitted outside prime viewing hours.
A number of types of programming are exempt from this requirement. These include:
- television programs that are not in English or mainly not in English
- non-vocal music-only programs and incidental or background music
- live sport coverage with unscheduled extended coverage that displaces a news program
- programs broadcast on a digital multi-channel during the simulcast period (unless previously broadcast with captions on the broadcasters core/simulcast channel).
Codes of practice developed by sections of the broadcasting industry in consultation with the broadcasting regulator, the Australian Communications and Media Authority (ACMA), also require broadcasters to clearly identify which programs have captions in their television guides and other consumer information.
The ACMA can handle complaints made directly to it if the complaint relates to television captioning for the deaf and hearing-impaired. It will consider whether a captioning service is provided in accordance with the BSA. The ACMA may also consider whether a captioning service is provided in accordance with industry codes of practice provided that the complaint was first directed in writing to the relevant broadcaster within 30 working days of the broadcast at issue. If the complaint is not answered within 30 working days of receipt or not answered to the complainant's satisfaction, the complainant may then refer it to the ACMA. If the ACMA finds that there was a breach of a code, it may direct the relevant broadcaster to comply with the code. Failure to comply with such a direction may result in a financial penalty.
Disability Discrimination Act 1992
The Disability Discrimination Act 1992 (DDA) makes discrimination unlawful in relation to access to goods and services, except where providing non-discriminatory access would involve unjustifiable hardship. The DDA aims to promote equal opportunity and access for people with disabilities. Under the DDA, individuals can lodge complaints of discrimination and harassment with the Australian Human Rights Commission.
The DDA requires the captioning of television programs and detailed captioning requirements are set out in the Broadcasting Services Act 1992. The commission may grant temporary exemptions from provisions of the DDA, subject to conditions such as improvements in captioning levels during the period of exemption.
