2009 Review of Television Access Services

Summary

Executive Summary

Introduction

1.1 The Communications Act 2003 (the Act) requires Ofcom to publish and from time to time review and revise a Code setting out how applicable 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). The Act prescribes quotas for broadcasters (as defined by Ofcom) to subtitle 80%, sign 5% and audio describe 10% of all programmes by the tenth anniversary of the relevant date ^(-1-) for each channel, as well as a subtitling quota to be reached by the fifth anniversary (60%).

1.2 To reflect these requirements, Ofcom published the Code on Television Access Services ^(-2-) (the Code) in July 2004, and conducted the first review of the Code in 2006. We consider that changes to the access service landscape and to the economic climate since 2006 make this an appropriate time to conduct a further review of the Code.

Background

1.3 Television access services (subtitling, signing and audio description) help people with hearing and / or visual impairments to understand and enjoy television. The Act extended the previous requirement to provide access services from the public service broadcasters (BBC, ITV1, Channel 4 and Five) to many other broadcasters. Ofcoms Code on Television Access Services explains which channels should offer access services and how much they must provide.

1.4 The 2006 review of the Code explored how many people were benefiting from and using access services. Ofcom also looked to see whether changes to the Code were necessary in the light of experience and took the opportunity to reassess the guidance to providers of access services on how to subtitle, sign and audio describe television programmes.

1.5 Ofcom came to the following conclusions in the 2006 review, that:

a) the method for selecting which channels should provide television access services, - channels with an audience share threshold of at least 0.05% and a limit on expenditure of 1% of relevant turnover - remained appropriate. The Code was amended to make clear that the revenues of channels that share majority ownership may be considered together if necessary when assessing whether quotas are affordable;

b) it was necessary to review the arrangements for providing signing on television, to see if there were better ways of meeting the needs of people who use the service. The subsequent 2007 review, Signing on Television resulted in new signing requirements for low audience channels ^(-3-);

c) there was a significant lack of awareness of audio description, within both the general UK population and the visually impaired community. In response to calls for increases in the audio description quota from organisations representing the visually impaired community, Ofcom determined that awareness levels needed to grow in order to confer the maximum benefit of this service, before any increase in the quota should be considered ^(-4-). Ofcom does not have the power to alter statutory quotas. In the event that an increase becomes appropriate, in our view, we would recommend this change to the Secretary of State for consideration.

1.6 In response to the reviews findings, in early 2008 Ofcom facilitated a broadcast campaign to help raise awareness of audio description. This, along with the greater availability of audio description enabled equipment, make 2009 an appropriate time to revisit this issue in line with our previous commitments.

The focus of the 2009 review

1.7 In response to developments in legislation, technology and the economic landscape during the last three years the 2009 review focuses on three key issues:

a) whether there is a case for looking again at the criteria used by Ofcom for selecting those TV channels which are required to provide access services, in the light of the potential impact of both the economic downturn and rising quotas on the range of television services accessible to people with visual and/or hearing impairments; and

b) whether there is now a case for increasing audio description quotas against the backdrop of developments in technology, and efforts to develop awareness and usage of and access to audio description by people with visual impairments; and

c) whether the current exemption from providing access services which is applied to channels targeting areas outside the UK should be re-examined in the light of changing circumstances.

1.8 In order to address the issues outlined above it was necessary to conduct a range of research and analysis.

1.9 This consultation does not contain separate economic or equality impact assessments. Instead the consultation document as a whole assesses the impact of our decisions and the consultation options on stakeholders (including visually and hearing impaired citizens and consumers and television broadcasters). These assessments have also been informed by our pre-consultation discussions with stakeholders and by the analysis we have conducted around provision of access services and the research into audio description.

Analysis of the criteria for determining access service provision

1.10 We examined the possible repercussions of the economic downturn in conjunction with the structural factors affecting access service provision, and estimated the potential cost of the existing obligations once the full quotas are implemented (2014 for the majority of channels). Having ascertained that the likely impact of potential revenue falls ranging from 10% to 20%, on broadcasters ability to afford to provide these services would be limited, we are satisfied that the existing criteria for determining which channels are liable for access service provision remain appropriate.

Audio Description Research

1.11 We also commissioned research exploring access to, and awareness and usage of audio description. This also looked at the attitudes of visually impaired people to the service. The study took the research conducted immediately before and after the 2008 awareness campaign and compared it with the new 2009 data obtained for this review.

1.12 The findings reveal that awareness of audio description grew substantially as a result of the campaign but has fallen back somewhat since. This shows that such promotions can be effective in raising awareness of the service, but that one-off campaigns needed to be reinforced by further promotion to sustain and develop awareness levels.

1.13 The awareness findings also revealed that:

a) 45% of UK adults are aware of audio description. This is up 8 percentage points since the first survey (37%). The increase is statistically significant;

b) 50% of visually impaired respondents are aware of audio description. The 7 percentage point increase since the first survey (43%) is not statistically significant due to the survey design - as the sample size is not sufficient to statistically detect changes less than 8%. This result mirrors the 8 percentage point increase in awareness observed within the UK adult sample. Taking these factors into account, it may be that this result suggests a similar underlying increase in awareness within the visually impaired community;

c) awareness continues to be substantially higher among those with a severe/profound impairment, at 61%, than among those with a lesser impairment;

d) TV promotions are the main source of awareness within the UK adult population at 31%. Whereas visually impaired respondents cited organisations as the principal source of initial information about the service (28%), followed by TV promotions and friends and family.

1.14 The trends were similar in usage.

a) 21% of visually impaired respondents have used audio description. Usage levels vary by impairment level with 38% of those with a severe/profound impairment reporting that they have used the service, compared to 14% of those with a moderate/mild impairment;

b) The usage findings follow the same pattern as those for awareness. Usage increased in the second survey but then dropped back. Between the first and third surveys usage was stable;

1.15 Satisfaction levels appear high among those who use the service and the positive interest in the service from those alerted to it by the research suggests that there remains an appetite for audio description. It appears that limited awareness remains the key barrier to take up and use.

1.16 Separately, there has been a significant increase in the availability and choice of affordable audio description enabled equipment in recent years. Accordingly, we no longer consider the availability of such equipment to be a significant barrier to take up and usage of audio description.

1.17 However a lack of awareness of the service means that this equipment isnt always being fully utilised. 42% of the respondents previously unaware of audio description but who are interested in using it, unknowingly already had access to the service through their existing Sky or Virgin equipment.

1.18 Among those aware of the service, the knowledge gap around how to access audio description also still clearly needs addressing. 17% of respondents said they dont use audio description because they dont know how to access it. A full research report exploring these findings in detail has been simultaneously published with the review ^(-5-).

Future Quotas

1.19 Having examined the evidence around audio description access, awareness, usage and equipment we have decided to consult on three alternative options for the future access services quotas. In accordance with the usual practice we have looked at a range of options from the existing statutory requirement to audio describe 10% of programming to an increase in the quota from 10% to 20% for all access service providers. This latter option is supported by the RNIB.

Option1: No change in the existing regime. All channels required to provide access services to audio describe 10% of their transmission hours from the fifth anniversary of the date on which they started broadcasting ^(-6-),

Option 2: an increase in the audio description quota to 20% for all channels required to provide access services. Channels would be required to reach 20% in annual increments of 2%; and

Option 3: an increase in the audio description quota to 20% for the 10 statutory PSB services ^(-7-). These channels would be required to reach 20% in annual increments of 2%. The 48 other channels required to provide audio description would continue to be obliged to audio describe 10% of their output.

1.20 We recognise that there are pros and cons with each of these options as regards the impact both on users of the three access services and on those broadcasters regulated by us. We welcome the views of stakeholders on all of the options.

Television services targeting areas outside the UK

1.21 A significant number of multi-channel broadcasters targeting Europe and other regions have chosen to be licensed in the UK. Of these, almost 200 channels are broadcast to other EU Member States. Ofcom currently exempts these channels from the access service requirements, but as a result of technological and legislative developments we have concluded that it is appropriate to re-examine our policy in this area.

1.22 In line with the requirements of the new Audio Visual Media Services Directive (AVMSD) ^(-8-) we shall be writing to all broadcasters licensed by Ofcom to transmit to other parts of the EU, to encourage them to provide access services.

1.23 Separately, we will be gathering evidence to determine whether or not the existing exemption for EU facing licences, should be lifted given the changes to UK disability legislation and advances in end user equipment.

1.24 We will require Ofcom licensed EU facing broadcasters meeting minimum access services affordability criteria to provide reports every six months, from January 2010, on the extent to which they may already provide access services on a voluntary basis, or as a result of agreements with distributors or regulators, or to detail any plans they have for doing so.

1.25 In addition Ofcom will also seek evidence on the technical feasibility and cost of providing access services on services/channels intended for reception in other EU Member States, in order that any scheme that may be introduced in future will avoid imposing disproportionate costs on broadcasters.

1.26 If, by the end of 2010, the indications are that voluntary provision of access services is inadequate, we will consider whether or not to remove the exemption on some or all of the channels licensed by Ofcom to provide services outside the UK. In this event, we would expect to consult on changes to the current arrangements in early 2011.

The consultation

1.27 As stated above the review addresses three key questions;

a) do we need to re-examine the criteria for selecting TV channels required to provide access services?;

b) is there now a case for increasing audio description quotas?; and

c) should the current exemption from providing access services applied to channels targeting areas outside the UK should be re-examined in the light of changing circumstances?

1.28 We invite responses on the three consultation options for future audio description provision detailed in section 6 of the review before the consultation closes on 12 November 2009. We also welcome comments on the Ofcom decisions on a) and c) above which are detailed in Sections 3 and 7 respectively. More details of how to respond, along with Ofcoms consultation principles are set out in Annex 1.

1.29 A copy of this document in a format suitable for use by screen readers has been posted on Ofcoms website. Ofcom can also provide documents to individuals in alternative formats (e.g. Braille, audiotape or large print) on request. We may also provide translations of documents into languages other than English.

1.30 To request nonstandard versions of documents, please contact the Ofcom Contact Centre at contact@ofcom.org.uk, by phone at 020 7981 3040 or 0300 123 3333, or by textphone at 020 7981 3043 or 0300 123 2024. Please note that the time needed to produce an alternative format document will depend on the length of the document.

Footnotes

  1.-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 and 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.

  2.-Code on Television Access Services (http://www.ofcom.org.uk/tv/ifi/codes/ctas/ctas.pdf )

  3.-See http://www.ofcom.org.uk/consult/condocs/signing/signing.pdf and Annex 3 of the Code

  4.-2006 Television Access Services Review Statement. (http://www.ofcom.org.uk/tv/ifi/codes/statement/)

  5.-2009 Research into the awareness and usage of Audio Description http://www.ofcom.org.uk/research/tv/reports/research_audio_description/

  6.-Or for those already broadcasting in December 2003, from the anniversary of 29 Dec 2003.

  7.-BBC1, BBC2, BBC3 BBC4, CBBC, Cbeebies, ITV1, C4, Five, S4C. (In addition Channel 4 +1 would also carry 20% audio description) BBC News is exempted as audio description provision is impracticable because the continuous commentary doesnt provide the speech gaps required to insert audio description.

  8.-AVMSD: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:332:0027:0045:EN:PDF