Television Access Services Review

Statement published 11|06|10

Summary

Introduction

1.1 This document summarises the outcome of a review of television access services (subtitling, signing and audio description) that Ofcom consulted on in September 2009. ^(-1-)

Background

1.2 The Communications Act 2003 ('the Act') requires Ofcom to publish and from time to time review and revise a Code setting out how television services should promote the understanding and enjoyment of television by people who have hearing or visual impairments, or who have a dual sensory impairment ('deafblind').

1.3 The Act prescribes targets for television services to subtitle 80% (or 90% in the cases of Channels 3 and 4), sign 5% and audio describe 10% of all programmes (except those excluded by Ofcom) by the tenth anniversary of the relevant date ^(-2-)for each channel, as well as a subtitling target to be reached by the fifth anniversary (60%).

1.4 It also requires Ofcom to draw up and from time to time review a code giving guidance on the application of and exclusions from these targets. More detail on relevant statutory duties applying to Ofcom under the Act is given in section 2.

1.5 To reflect these requirements, Ofcom published the Code on Television Access Services ^(-3-) ('the Code') in July 2004, and conducted the first review of the Code in 2006. We considered that changes to the access service landscape and to the economic climate since 2006 made 2009 an appropriate time to conduct a further review of the Code.

The review

The key issues

1.6 In response to developments in legislation, technology and the economic landscape during the last three years, Ofcom's review addressed three main issues:

1. whether there was a case for looking again at the selection criteria used by Ofcom to determine which channels should be excluded from the requirement to provide access services, given the potential impact of both the economic downturn and the rising access service targets on the range of accessible television channels;
2. whether there was a case for increasing audio description targets given the increased availability of audio description enabled equipment, and the steps that had been taken to promote awareness and usage of audio description; and
   
3. whether Ofcom licensed channels targeting areas outside the UK should be required to provide access services.

Selection criteria

1.7 In the 2009 consultation document, Ofcom considered the possible impact of the economic downturn on broadcasters' ability to afford to provide subtitling, audio description and signing. We suggested that the likely impact of possible falls in revenue on broadcasters' ability to afford to provide access services would be limited, and that the existing selection criteria for determining which channels are liable for access service provision remained appropriate. We invited comments on this assessment.

1.8 Most respondents agreed that the current criteria remain fit for purpose, including a mix of groups advocating the interests of viewers with hearing and / or visual impairments ('advocacy groups'), and broadcasters. Some suggested that the criteria be kept under review, while some suggested adjustments. One advocacy group felt that the existing affordability criterion was arbitrary, but did not suggest an alternative.

1.9 Having carefully considered the consultation responses, and for the reasons set out in section 3, Ofcom has concluded that the current criteria remain appropriate. We shall review them as and when the circumstances warrant this.

Audio description targets

1.10 The Secretary of State is empowered to increase targets for subtitling, signing and audio description by order and following consultation with Ofcom. In 2005, Ofcom suggested to the Department of Culture, Media and Sports that, as it had become possible to receive audio described programmes on cable and satellite services, as well as digital terrestrial television, there was a case for re-examining the statutory targets once the current targets had been reached. The Department asked for advice on this in due course. In the 2006 review, ^(-4-) Ofcom concluded that more work needed to be done to establish the extent of awareness and usage of audio description amongst people with visual impairments before considering whether or not to recommend changes in the audio description target. In early 2008, Ofcom worked with the RNIB and broadcasters on a major campaign to promote awareness of audio description. In preparation for the current review, we commissioned research exploring access to, and awareness and usage of audio description. The findings revealed that awareness of audio description initially grew substantially as a result of the campaign, but fell back later. ^(-5-)

1.11 In the current review we looked at three possible options for the future of audio description provision the status quo, under which relevant channels would continue to be required to audio describe 10% of programming (Option 1); an increase in the target for all relevant channels to 20% (Option 2); and an increase in the target to 20% for public service channels only (Option 3).

1.12 Most public service broadcasters ('PSBs') and some other broadcasters ('non-PSBs') supported Option 1 on the grounds that there was insufficient evidence that any target increases would generate benefits which justified additional costs. That said, the BBC Channel 4 and Sky have committed voluntarily to audio describe 20% of their programming.

1.13 Many visually impaired respondents and advocacy groups supported Option 2. They argued (amongst other things) that visually impaired people value television as an important source of information and entertainment, and that audio description gives them a sense of social inclusion, equality and independence.

1.14 Most non-PSBs supported Option 3, as did Ofcom's Advisory Committee on Older and Disabled People ('ACOD'). Advocacy groups for the hearing impaired also preferred Option 3, on the grounds that it would increase audio description on the most popular channels, without increasing overall costs for broadcasters to the point where subtitling might have to be cut.

1.15 Having carefully considered the consultation responses, and for the reasons set out in section 3, Ofcom has concluded that the arguments for each of the options are very finely balanced, and that further research would not eliminate the need for subjective assessments about the benefits of additional audio description to visually impaired viewers versus the costs to broadcasters. As the ultimate decision on whether to propose changes to the statutory targets rests with the Secretary of State, Ofcom has decided that it would be appropriate to report on the outcome of the consultation, but not to make a specific recommendation to Government.

1.16 In the light of the research conducted on awareness, Ofcom does consider that further work is required to publicise audio description, in order to achieve Parliament's objective of promoting the understanding and enjoyment of television by people with visual impairments. Ofcom will be discussing with broadcasters how best to secure this.

Television services targeting areas outside the UK

1.17 A significant number of broadcasters targeting Europe and other regions have chosen to be licensed in the UK. Ofcom currently exempts these channels from the access service requirements.

1.18 In the review, we said that we would gather information on the extent of voluntary access service provision on the 200 or so channels broadcast to other EU Member States. We said that, if by the end of 2010, the indications were that voluntary provision of access services on such channels was inadequate, we would consider whether or not it would be proportionate to remove the exemption on some or all of the broadcasters licensed by Ofcom to provide channels outside the UK.

1.19 Some advocacy groups supported this initiative, but broadcasters in general were concerned that changes to the status quo would be technically difficult and potentially very expensive. They considered that it could put them at a competitive disadvantage to other EU broadcasters licensed outside the UK who may face fewer restrictions. They called for any decision on statutory regulation to be postponed until more evidence on the costs and technical implications could be collected and the state of access service provision in Europe becomes clearer.

1.20 Ofcom is continuing to gather information on the extent of access service provision, and about the practical effect of changes to the current arrangements.

Other matters

Signing on television

1.21 Ofcom's Code requires many channels to provide 30 minutes of sign-presented programming a month. However, Ofcom may approve alternative arrangements proposed by low audience channels, having regard to Ofcom's published guidance, ^(-6-) if it is satisfied that these alternative arrangements would contribute to the diversity of sign-presented programming provision. Many channels currently participate in alternative arrangements by funding the British Sign Language Broadcasting Trust ('BSLBT') to produce sign-presented programmes that are shown on the Community Channel.

1.22 Alongside the access services review, Ofcom sought views from deaf people and broadcasters on whether the BSLBT arrangements continued to be fit for purpose. Having sought input from deaf people and broadcasters, Ofcom considers that these arrangements remain consistent with the guidance, are popular with sign-language users, and enjoy the continuing support of participating broadcasters. For the reasons set out in section 5, Ofcom has no objection to the arrangements continuing in 2011 and beyond, provided eligible channels agree to participate for a minimum of two years, ^(-7-) with the option to give 12 months' notice of withdrawal at the end of the first 12 months.

Other issues

1.23 Respondents also raised a number of issues that were outside the ambit of the current review. These are discussed towards the end of section 3.

Footnotes:

  1.-2009 Review Of Television Access Services. Ofcom, Sept 2009 

  2.- The 'relevant date' is 1 January 1997 for BBC 1 and 2, 1 January 1998 for Channel 5, and 1 January 2000 for Channels 3 and 4 and for S4C Digital. For digital television programme services that began before 29 December 2003, the date is the entry into force of the legislation, (29 December 2003). For services starting after 29 December 2003, the relevant date is the date on which provision of that service commenced.

  3.- The Code on Television Access Services. Ofcom, April 2008

  4.- 2006 Television Access Services Review. Ofcom Sept 2006 

  5.- 2009 Research into the awareness and usage of Audio Description Ipsos Mori for Ofcom Sept 2009

  6.- The Code on Television Access Services Annex 3 (See web link on page 1)

  7.- Participating channels may also withdraw in the event that they are no longer required to provide access services.