Australian Broadcasting Corporation
submission to
Department of Broadband, Communications and the Digital Economy
Access to Electronic Media for the Hearing and Vision Impaired – Discussion Paper
June 2008
Australian Broadcasting Corporation Submission to
the DBCDE Access to Electronic Media for the Hearing and Vision Impaired – Discussion Paper
Introduction
The Australian Broadcasting Corporation (ABC) welcomes this opportunity to provide a submission to the Department of Broadband, Communications and the Digital Economy’s Discussion Paper, Access to Electronic Media for the Hearing and Vision Impaired. In presenting comments on issues raised in the Discussion Paper, we recognise there are a number of important matters that require further research, analysis and negotiation. The ABC believes that it is important to identify a broad, consultative approach to this work that builds on the current significant achievements and delivers enhanced access in the future.
The ABC is established as a statutory corporation under the Australian Broadcasting
Corporation Act 1983 (“the ABC Act”). The ABC Act, which includes the ABC Charter, sets out the basic functions and duties of the Corporation. The ABC has a responsibility to reach all Australians, to ensure participation in the national debate and to provide access to range of information, entertainment and other programming. It seeks to achieve this with a
presence on all major electronic media delivery platforms and by providing a comprehensive range of news and quality content. In addition, the Corporation has a central role in
sustaining and contributing to Australia’s culture, providing education, entertainment and civic and cultural engagement.
The ABC has demonstrated a long commitment to access to electronic media through the provision of closed captioning broadcasts for the deaf and hearing impaired. This has included :
• 1982 - ABC broadcast the first closed captioned program on Australian television
• 1990 - the first broadcaster to caption television news services
• 1993 - the first broadcaster to provide live captioning in Australia
• 1997 - the first broadcaster to provide state-by-state captioned news bulletins.
With the introduction of multi-channel services the ABC has significantly extended its captioning service, and currently provides over 10,000 hours of captioned programming annually on ABC1 and ABC2.
Public broadcasting, access services and digital services
There is a substantial public benefit for members of the community to have access to
information and services that allows them to participate in social and democratic institutions.
A core, defining feature of public broadcasting is universality of service. Consistent with its
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obligation to provide services for all Australians, the ABC’s policy is to ensure that its services are carried on all major platforms.
Universality of service in the emerging multi-platform media environment carries new challenges. As broadband infrastructure is rolled out and high-speed connections become more commonplace, the ABC aims to deliver an increasing range of content.
Australians, regardless of income, social circumstance or geography, should have the ability to have access to content that is designed for their information and entertainment needs.
This equity principle of universal access—delivering the nation to the nation—has been at the core of public service broadcasting since 1932. As Australia engages in the digital media age, the ABC recognises that it is important that all Australians have the opportunity to gain access to content that enriches their lives and is relevant to their community. The ABC believes that it is important to recognise that the principle of universality extends to Australians with disabilities.
The Discussion Paper notes access issues for hearing and visually impaired Australians will become more significant in the context of an ageing population. Additionally, there is likely to be increased usage and reliance on electronic media platforms for the delivery of
important information, news and entertainment. In such an environment it is important that Australia takes this opportunity to carefully consider these issues and develop appropriate medium and long term policy settings and targeted outcomes.
ABC Policy
The ABC has adopted policies to enhance access for people with disabilities through captioning television programs and making its websites more accessible.
The Corporation has developed guidelines to make its television services more accessible for people who are blind or have a visual impairment or limited reading comprehension. For example, the ABC Editorial Policies include the aim of making television and online services accessible to audience members who are blind or have a visual impairment by “ensur[ing]
that material provided in text format on the screen will also be provided in audio”. The policy notes that “it will not always be possible to achieve this while maintaining standards of creativity, editorial integrity and immediacy. There may also be cases where time or resources limit the ABC’s ability to provide this service”.1
The policy also states, specifically in relation to closed captioning, that, “closed caption content will be clearly marked when program information is provided to the media or when captioned programming is promoted. Where possible, open caption advice will be provided if technical problems prevent scheduled closed caption … Addresses to the nation and
1 ABC Editorial Policy, section 11.15.2
ABC Submission to DBCDE Access to Electronic Media for the Hearing and Vision Impaired Discussion Paper
events of national significance will be transmitted with closed captioning”.2 While the current policy states that “Television programs broadcast in prime time (between 6pm and 10.30pm) and news and current affairs programs broadcast at any time is captioned in accordance with the Broadcasting Services Act 1992”,3 the ABC substantially exceeds this requirement (see below).
The ABC has also taken steps to ensure the community has the opportunity to comment or complain about its services. The Editorial Policies and Code of Practice 2007 include guidelines for dealing with program complaints and the range of methods of lodging complaints. The guidelines also include the option for those not satisfied with the ABC’s response to a complaint about a Code of Practice issue to refer their complaint to an independent body, the Australian Communications and Media Authority. The Editorial Policies allow for alternative arrangements to be made where a person has difficulties, such as a disability, in putting their complaint in writing.
The ABC takes complaints seriously and recognises that rigorous investigation and response to criticism reflects on the Corporation’s credibility and integrity. Since 2002, the ABC has made a number of important changes to the way it deals with complaints about compliance with ABC editorial standards, including accessibility. The ABC has a range of avenues available for audience members wishing to lodge such complaints, including electronic lodgement using a dedicated complaints form on the ABC's website, or through any of the other electronic entry points available for contacting the ABC. Complaints can also be sent by regular mail or faxed to the ABC. All written complaints regarding editorial policy matters, including accessibility issues, are referred to Audience & Consumer Affairs for investigation in the first instance. Audience & Consumer Affairs is a specialist unit, and includes a small team of dedicated investigators who assess compliance with ABC Editorial Polices and the Code of Practice.
The procedures followed by Audience & Consumer Affairs are set out in Chapter 13 of the ABC's Editorial Policies, and further information is available on the ABC's website.
Summary details of complaints upheld by Audience & Consumer Affairs are published on the ABC's website (note that these materials are currently being updated).
There are also a number of review mechanisms available to audience members who are dissatisfied with a response received from Audience & Consumer Affairs:
• The Complaints Review Executive (CRE) is an ABC senior manager with editorial experience who is separate from Audience & Consumer Affairs and content areas.
The CRE can consider a complaint afresh, and aims to complete reviews within 28 days of receiving such a request.
2ABC Editorial Policy, section 11.15.1
3ABC Editorial Policy, section 11.15.1 (b)
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• The ACMA is the federal government regulatory authority and can investigate alleged breaches of the ABC Code of Practice. An audience member can refer such a complaint to ACMA if they are dissatisfied with the ABC's response, or if they have not received a response within from the ABC within 60 days. Where the CRE or ACMA has reviewed a complaint and determined that it is upheld, the ABC is committed to making details of the findings available via an appropriate link on the content's website, wherever materially practicable.
Where a complaint is upheld, the ABC is committed to undertaking corrective action.
Issues for Comment
The Discussion Paper has identified a number of issues on which it seeks comment. In providing comment on matters below, the ABC notes that in many cases substantial additional work is required to develop ideas through further research and analysis.
The ABC believes the most effective mechanism to address these issues is the establishment of a consultative framework to consider matters such as increased captioning, investigation of technical and related issues associated with delivering audio description on broadcast services, or captioning for online content services. Such a framework should include representatives of the deaf and hearing-impaired or visually-impaired communities, as appropriate, as well as broadcasters and relevant public agencies.
1. The current levels of captioning on free-to-air television including digital multi- channels, subscription television, DVDs and films in cinemas, including cinemas in regional areas, in Australia.
While the ABC first began broadcasting captioned programs in 1982, by the end of the 1990s captioned broadcasts amounted to just one quarter of output between 6am and midnight.
In recent years, the ABC has substantially increased its captioned output, partly as a result of a negotiated agreement with the deaf and hearing impaired community and the Human Rights and Equal Opportunity Commission, to address complaints under the Disability Discrimination Act 1992. (see Table 1 below)
ABC Submission to DBCDE Access to Electronic Media for the Hearing and Vision Impaired Discussion Paper
Table 1 : Overall captioning levels – ABC 1 2008 (year to date) 80%
2007 74 % (target of 70% by 31/12/2007) 2006 61 %
2005 57 % (target of 55% by 31/12/2005) 2004 52 %
2003 52 % 1999 25 %
Percentage of programs broadcast 6am – midnight, ABC1, measured on an annual basis.
In addition to these increases, the ABC has adopted an approach to captioning its multi- channel output consistent with that of its main channel, ABC1. This is to caption news and current affairs output, prime time broadcasts and meet the requirement of the Broadcasting Services Act 1992 to broadcast material that has previously been broadcast with captions.
In 2008, captioned output on ABC1 is over 80 per cent, with ABC2 captioning currently at 55 per cent. Over 10,000 hours of captioned programs will be broadcast on the two channels in 2008, including over 1,500 hours of children’s programming (see Tables 2 and 3 below) and approximately 1,400 hours of local news and current affairs
Table 2 : Children’s, pre-school and school’s programming – ABC1 2008 (year to date : 31 May 2008) 630 hours
2007 1,242 hours (target of 500 hours by 31/12/2007)
2006 400 hours
2005 468 hours
2004 292 hours
2003 270 hours
Table 3 : First release children’s and schools programming – ABC1 2008 (year to date : 31 May 2008) 141 hours
2007 300 hours (target –150 hours by 31/12/2007)
2006 92 hours (target – approx 150 hours)
2005 91 hours (target – approx 150 hours)
2004 63 hours (target – 100 hours)
2003 100 hours (target – 100 hours)
It is also the Corporation’s policy to caption, and label appropriately, all its adult DVD titles available for purchase in ABC Shops and distribution centres.
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2. The current levels of audio description on free-to-air television including digital multi-channels, subscription television, DVDs and films in cinemas in Australia.
The Discussion Paper describes audio description as “the presentation of the visual
component of audio-visual content as additional verbal commentary that complements the underlying soundtrack. … on a separate pre-recorded digital file that is synchronised with the file of a television program or film”.4 Audio description, which is the provision of a new service, is not currently provided by the ABC. The ABC notes that the provision of this service has been introduced in countries such as the United Kingdom, Canada and the United States.
The ABC aims to make its television and online services accessible to audience members who are blind or have a visual impairment and endeavours to ensure that material provided in text format on the screen will also be provided in audio.
At this stage the ABC has not developed plans to introduce an audio description service.
There are a number of issues to be investigated in relation to the provision of an audio description service. These include the technical issues of establishing the service, the development of trained describers, and analysis of the audience demand and interest in programming. An important issue for consideration is the capital and recurrent costs of establishing and delivering this new service. The ABC believes that these costs will be substantial.
3. The costs of providing captioning and audio description on free-to-air television including digital multi-channels, subscription television, DVDs and films in cinemas, including cinemas in regional areas, in Australia
The ABC broadcasts more captioned output than any other media outlet in Australia, with over 10,000 first release and repeat program hours in 2008 on ABC1 and ABC2. Currently the ABC spends over $3 million annually on captioning.
As the ABC continues to increase captioning hours on existing channels and with the potential for extra channels, there will be an increase in the cost of delivering captioned content.
The ABC is aware of requests for 100 per cent captioning of all broadcast output. The estimated cost of meeting such a requirement on existing services, with current
programming strategies, is over $7 million annually. If new multi-channel services were to be required to meet 100 per cent captioning requirements from start-up, annual costs for three to four channels would be over $12 million, depending on programming strategies and schedule mix.
4 Access to Electronic Media for the Hearing and Vision Impaired, p.4.
ABC Submission to DBCDE Access to Electronic Media for the Hearing and Vision Impaired Discussion Paper
This cost would be further increased with any requirement to provide captioning of online content.
As audio description is not provided in Australia on any scale, it is difficult to precisely determine the cost of providing the service. However, based on an understanding of overseas costs it is estimated that, providing audio description for up to 10 per cent of broadcast output on the two ABC existing channels could cost between $2 and $3 million.
Added to the costs of captioning existing and new channels and online services, the total cost of meeting 100 per cent captioning and a requirement for up to 10 per cent audio description is estimated to be over $15 million annually, compared to current access expenditure of over
$3 million.
4. Appropriate future targets for captioning and audio description on free-to-air television including digital multi-channels, subscription television, Australian television and film productions made available on DVDs, and films in cinemas.
While providing captions costs several million dollars each year and increased levels will require the commitment of greater resources, the ABC recognises the importance of this service to members of the deaf and hearing-impaired community and their families. The ABC is committed to achieving, over time, an outcome where effectively, 100 per cent of the television schedule is captioned.
However, that commitment must be balanced against available and likely resources and the need to deliver other services to the community. The ABC believes that continued, staged increases in the provision of captioned content provides the best approach. The current review of media access provides an opportunity for developing a framework that will provide certainty for the community and broadcasters, in which staged increases can be planned.
There are a number of models, including overseas examples such as those included in the Discussion Paper, that can be drawn on to assist in developing an appropriate framework for a staged increase in captioning for the Australian multi-channel environment. This
framework should take into account the characteristics of the Australian broadcasting environment and the needs of the community and broadcaster, to ensure a high level and range of captioned programs are provided. The model should ensure that new services are permitted to begin from relatively low levels of captioned programs and have an
opportunity to build community and audience support.
In developing targets for future access services, the complex technical nature of transmission and reception issues must be taken into account. It is noteworthy that many countries that mandate levels of captioning formally acknowledge these issues. For example, in Canada, the policy of the Canadian Radio, Television and Telecommunications Commission (CRTC) on closed captioning (Broadcasting Public Notice CRTC 2007-54) states “English- and
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French-language broadcasters will be required to caption 100% of their programs over the broadcast day, with the exception of advertising and promos. This requirement will be subject to exceptions that take into account instances, but not patterns, of
equipment/technical malfunctions and human errors that are beyond the broadcaster’s control, or circumstances beyond the broadcaster’s control where captioning may not be available.”
In relation to audio description, as noted above, the ABC believes significant research must be undertaken to gain an understanding of the issues associated with the introduction of a new service such as audio description.
5. The captioning and audio description of advertising content on these media.
As the Australian Broadcasting Corporation Act does not permit the broadcast of advertising, the ABC does not seek to comment on this issue.
6. The captioning and audio description of audio-visual content that is distributed via the internet.
The ABC understands that there are a number of significant technical issues associated with captioning new or repurposed content for online delivery. The ABC is investigating the captioning of such content.
However, the provision of extra captioned content will incur significant costs. It is important to note that re-purposing content for delivery on other broadcast output or online content invariably requires re-captioning the content.
7. The extent to which the quality of captions and audio description can be effectively measured and standardised for different types of content, including ‘live’ content.
Quality is a key issue for the delivery of captioning. The ABC has been involved in the discussion of captioning quality guidelines for broadcasters. Guidelines for quality should ensure:
• accuracy,
• delivery of meaning and intent of the audio component
• consistency in style and approach
• clear and concise captions.
As noted above, issues relating to transmission and reception difficulties must be
acknowledged. Again, drawing on the Canadian experience it is relevant to note on this matter that the CTRC has called on the broadcasting industry to establish working groups for the development and implementation of measures to improve the quality of captioning.
ABC Submission to DBCDE Access to Electronic Media for the Hearing and Vision Impaired Discussion Paper
The Discussion Paper has noted the development of draft captioning quality guidelines by the deaf and hearing-impaired community and the broadcasters. The ABC believes this has been an important exercise and work should be completed so that the draft guidelines can be introduced and trialled by the community.
8. The appropriate roles for the Human Rights and Equal Opportunity Commission and the Australian Communications and Media Authority in relation to access requirements under the Disability Discrimination Act 1992 and the Broadcasting Services Act 1992.
The discussion paper refers to the legislation that sets the broadcasting access regulatory framework. The digital amendments to the Broadcasting Services Act 1992 include
requirements to caption free-to-air television broadcasts in prime time and news and current affairs programs broadcast at any time on main channel services and the broadcast of
programs on multi-channel services, if they have been previously broadcast with captions.
In addition, the provisions of the Disability Discrimination Act 1992 must be taken into account.
Currently, it is argued by some parties that meeting the Broadcasting Services Act requirements does not satisfy the requirements of the Disability Discrimination Act.
The major issue for resolution is the need to give certainty to the community and to broadcasters so that there is a clear set of rules for the delivery of captioned content in
electronic media. Currently, the lack of certainty that exists between the operation of the two pieces of legislation means broadcasters and members of the deaf and hearing impaired community have to engage in ongoing discussion and negotiation around what should be delivered.
The Broadcasting Services Act sets out certain requirements. However, these have been substantially exceeded by broadcasters in their agreement with HREOC and the deaf and hearing impaired community. At a policy level it is problematic that legislation should set specific terms and requirements for adherence which some parties argue are overridden by the general provisions of other legislation. This situation should be addressed with the establishment of a clearer regulatory framework.
9. How changes to the regulatory requirements for access to electronic media should be implemented.
The ABC believes that a broad consultative framework involving key stakeholders should be established to consider and develop a range of regulatory measures to increase media access.
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10. The extent to which standards for digital television transmission and domestic digital television receivers should provide for captioning and audio description.
The Australian standard for digital television receivers, AS 4933.1-2005 – Requirements for receivers – VHF/UHF DVB/T television broadcast, now sets a minimum requirement for
equipment that it must be “capable of simultaneously decoding from the transport stream, a video stream, an associated audio stream and associated teletext closed captions”. It further requires that decoded information be presented in a time-synchronised manner suitable for a display device and sound reproduction system. As such, it already makes sufficient
provision for the delivery of captioning.
The ABC has not examined the question of technical requirements to support audio description services. Further work would be required on this topic.
Conclusion
The review provides an important opportunity to build on the current significant levels of access to media services to plan for increased services in a multi platform, digital
environment. The ABC is committed to working with other stakeholders to develop these plans for further staged increases in access services.