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.On 18 February 2010, the Commission received an application for a DDA temporary exemption from the Australian Subscription Television and Radio Association (ASTRA) on behalf of its members. The new application details a number of commitments to increases in captioning levels over the period of the temporary exemption, including increasing the total number of current channels providing some level of captioning from 45 to 65.
The Commission sought comment from the public on this application by 2 April 2010, and received seven submissions. On 16 September 2010, the Commission decided to reject ASTRA’s temporary exemption application on the grounds that the commitments proposed by ASTRA represented insufficient progress in eliminating discrimination and furthering the objects of the DDA. As a result, ASTRA is no longer protected from DDA complaints.
In 2008, the Commission granted a temporary exemption from complaint under the DDA until 31 December 2011 to ABC TV, SBS television, Network Ten, Channel Nine and the Seven Network in relation to captioning of television programs. This temporary exemption was subject to conditions including gradual increases in captioning levels. On 12 May 2009, the Commission extended the same exemption to several regional broadcasters: Prime Media, WIN Corporation and Macquarie Southern Cross Media.
