Signing on television

Executive Summary

Summary

Introduction

1.1 This consultation is concerned with reviewing the provision of access to signing (rather than other forms of assistance for the disabled such as subtitling and audio-description) by low-audience channels (see further below).

1.2 Ofcom is not proposing in this consultation to make any changes to the current obligations imposed by the Communications Act 2003 (“the Communications Act”) on public service (“PSB”) channels whose combined audience share accounts for over two thirds of the UK’s total audience share or on most channels with an audience share of 1% or more (which account for a further 7.7% of viewing). Ofcom recognises the need to maintain the current arrangements on PSB channels in order to ensure that analogue-only viewers continue to have access to signed programmes.

1.3 The purpose of this consultation is to seek views from stakeholders on three specific matters:

1. firstly, on Ofcom’s proposals to determine that some low-audience channels should be excluded from their current obligations for sign-interpreted programming (with a signer displayed in the corner of the screen) on the basis of evidence suggesting that the costs incurred produce little or no benefit to the audience for access services;
2. secondly, to consider whether Ofcom should impose alternative arrangements on those excluded services to provide greater benefit to audiences; and
3. thirdly, if so, to propose that when deciding whether to impose alternative arrangements, Ofcom should take into account any voluntary arrangements that have been entered into by those excluded services in order to provide other more effective and beneficial assistance for the disabled in the form of sign-presented programmes, either on those channels, or in a sign zone on the Community Channel.

Research

1.4 Research commissioned by Ofcom for its review of access services last year suggested that very few people were making use of sign-interpreted programmes (where a signer appears superimposed in a corner of the screen) on low-audience channels. Feedback from disability groups lent support to this view. Given their viewing preferences, it is likely that few, if any, sign language users with access to multichannel television watch the programmes on low-audience channels (channels with an audience share of less than 1%). As we explain in this document, the numbers watching sign-interpreted programmes on these channels are likely to be very small. Under the current arrangements, therefore, low-audience channels incur costs, but the target audience gains little or no benefit.

Current arrangements

1.5 When the Communications Act came into force, the previous arrangements for signing, subtitling and audio description (‘access services’) on public service and digital terrestrial channels were extended to channels available by cable and satellite. In brief, section 303 of the Communications Act requires such channels to sign 5% of their programmes from the tenth anniversary of the ‘relevant date’ ^(-1-).

1.6 Ofcom decided to exercise its powers under the Act to impose interim targets on channels from the first anniversary of the date. These interim targets apply to channels that meet audience share and revenue thresholds set out in Ofcom’s Code on Television Access Services ^(-2-). As a result, some 90 channels are required to provide some signing in 2007 ^(-3-). The interim signing targets rise gradually from 1% to 5%.

Scheduling and presentation

1.7 Unlike subtitling and audio description, viewers have no option whether or not to receive signing – it is incorporated into the image broadcast to all viewers (so-called ‘open’ signing). While technology is being developed that may allow the image of the signer to be transmitted separately and included in the picture (or not) at the discretion of the viewer, it is not yet at the stage where it could provide a practical or cost-effective alternative to open signing. Feedback from broadcasters and access service providers suggests that many non-sign language users find open signing distracting, so broadcasters generally schedule signed programmes late at night or early in the morning.

1.8 The provisions of the Communications Act allow broadcasters the choice of meeting the targets with programmes presented in sign language, or with sign interpretation. Almost all signed programmes are programmes prepared for a hearing audience and subsequently dubbed with the image of a signer (‘sign-interpretation’). The only current example of a programme presented in sign language (‘sign-presentation’) is the BBC’s ‘See Hear’ programme ^(-4-).

Use of signing

1.9 While it is undoubtedly the case that some people do rely on signing to a greater or lesser extent for access to television, the research findings and feedback (summarised in section 2) suggest that the proportion of the UK population using sign language is very small. This is not, of course, a reason why signed television should not be provided – when Parliament enacted the Communications Act, it was aware that relatively few people know sign language ^(-5-). However, more significant is the evidence that many of those who claim to use and understand sign language actually prefer to use subtitling when watching television. The small numbers of people watching signed television programmes mean that those television channels which have very small audiences shares (almost all the cable and satellite channels) may be attracting very few viewers, if any, to their signed programmes.

1.10 Accordingly, Ofcom concluded that the current approach to signing on television is not meeting the needs of sign language users in general, and that it imposes costs on smaller broadcasters that do not give rise to any significant benefits.

Policy objectives

1.11 In the light of its statutory duties, and the research evidence and feedback demonstrating that sign language users benefit little from sign-interpreted programmes on low-audience channels, Ofcom considers that its policy objectives should be to exclude those low audience channels from the current requirements under the Communications Act on the basis of the statutory criteria and identify and secure alternative arrangements that better meet the needs of sign language users, having regard to the clear preference they expressed for sign-presented programmes over sign-interpreted programmes.

1.12 Ofcom considers that any alternative arrangements should not impose disproportionate burdens on broadcasters. We also consider that they should not have a significant impact on the amount of subtitling provided by broadcasters. Section 3 elaborates on Ofcom’s policy objectives and sets out possible alternative requirements that Ofcom considers it would be appropriate to impose in order to achieve these objectives.

Exclusion of programmes/services from the current requirements

1.13 The Communications Act provides for Ofcom to determine that certain descriptions of programmes, or all the programmes included in a service (where that service is a “special case”), should be excluded from the requirement to provide particular access services (including signing). A service is a “special case” if Ofcom is satisfied that on the basis of certain statutory criteria (see below), all the programmes in the service should be excluded.

1.14 In deciding whether it is appropriate to exclude any programmes/services, Ofcom must have regard, in particular to the criteria set out in section 303(8) of the Communications Act. These criteria include:

1. the extent of the benefit which would be conferred by the provision of assistance (e.g. signing) for disabled people in relation to the programmes/services;
2. the size of the intended audience for the programmes;
3. the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case; and
4. the cost, in the context of these matters, of providing the assistance.

1.15 Having regard in particular to these factors, we believe that low-audience channels which are currently subject to the statutory requirement to meet the targets set out in section 303 (those with an share of more than 0.05% but less than 1%) should be excluded from that requirement, particularly in view of the minimal extent of the benefit that is actually being delivered and the consequently disproportionate cost of providing those benefits (see section 2).

1.16 Where Ofcom has excluded programmes or services, the Communications Act allows Ofcom to impose alternative requirements in relation to those excluded programmes or services (section 303 (10)(c)).

Discussions with interested parties

1.17 In considering whether alternative requirements should be imposed on individual channels, it is also open to Ofcom to take into account any voluntary arrangements entered into by broadcasters that Ofcom believes would also meet the needs of sign-language users more effectively. As explained in section 2, Ofcom met both disability groups and broadcasters to discuss possible alternatives to the current arrangements. Ofcom also participated in an event organised by Sky and the Community Channel to enable sign language users to evaluate the idea that, instead of providing signing on their own channels, broadcasters should contribute to the costs of a sign zone on the Community Channel. Finally, Ofcom invited a broad range of sign language users to form a working group to report back on their preferred option, having regard to the current statutory framework.

1.18 Ofcom believes that the proposal which emerged could provide a good basis for an acceptable alternative to imposing requirements. Section 3 seeks stakeholders’ views on this alternative approach.

Options considered by Ofcom

1.19 The options considered by Ofcom include:

1. retaining the present arrangements for signing on television (i.e. not applying the statutory criteria to exclude low-audience channels from the current requirements to meet the statutory targets for signed programmes) (Option 1);
2. applying the statutory criteria to exclude low-audience channels from the current requirements to meet the statutory targets for signed programmes but requiring them to substitute additional subtitling for their current signing requirements (Option 2); and
3. applying the statutory criteria to exclude low-audience channels from the current requirements to meet the statutory targets for signed programmes, and imposing a requirement on those channels to make a smaller amount of sign-presented programmes, unless acceptable alternative arrangements are in place, for example participation in the proposed sign zone on the Community Channel (Option 3).

Proposals

1.20 Having had regard to the criteria in section 303(8) of the Communications Act and in the light of the evidence and analysis set out in section 3 and in the impact assessment at Annex 5, Ofcom:

1. proposes that channels with an audience share of 1% or more should continue with the current arrangements, though in the case of channels with an audience share of just less or just more than 1%, we would consider whether to exercise discretion as to whether or not it is appropriate to exclude any particular services having regard to relevant criteria in the Act;
2. proposes to exclude channels with an audience share of less than 1% from the obligation to meet the volume targets set out in the Code on Television Access Services, and instead require them to broadcast sign-presented programming in one or more regular slots at least once a month between 7am and 11pm. The minimum duration of such programming would be 30 minutes on each channel from the first to the fifth anniversary of its relevant date, 45 minutes from the fifth to the seventh anniversary and 60 minutes from the seventh anniversary;
3. proposes not to impose any such requirements on any low-audience channel which has voluntarily entered into arrangements that provide what Ofcom considers to be an acceptable alternative (such as the Community Channel scheme referred to in paragraph 1.17 above);
4. proposes to make the consequential changes to the Code on Television Access Services set out in Annex 7; and
5. proposes to review the new arrangements after they have been in place for 12 months. Assuming it proves possible to put new arrangements in place from 2008, this would mean that a review would take place during 2009, with the objective of making any changes that were considered appropriate from 2010. The review would cover the operation of any approved voluntary arrangements, as well as any requirements imposed by Ofcom in relation to those not participating in such arrangements, and any other relevant issues.

Next steps

1.21 At the end of the consultation period, Ofcom will consider responses from consultees before deciding whether to exclude low-audience channels from the current requirements and what alternatives (if any) to the current arrangements should be put in place. It will aim to publish its decision by the end of July, with a view to any new arrangements taking effect from the start of 2008.

The consultation

1.22 We would welcome views before the consultation closes on 14 June 2007. Given the substantive discussions that have taken place with interested parties since the access services review was published in March 2006, and the merits of replacing the current arrangements with more effective alternatives by the beginning of 2008, Ofcom considers that a short consultation period of five weeks is appropriate. More details of how to respond are given in Annex 1, and Ofcom’s consultation principles are set out in Annex 2. The specific questions on which we are seeking views are set out in the consultation document, and repeated in Annex 4.

1.23 A copy of this document in a format suitable for use by screen readers has been posted on Ofcom’s website. A Plain English version of this summary has been published separately. 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. To request non-standard versions of documents, please contact the Ofcom Contact Centre at contact@ofcom.org.uk, by phone at 0845 456 3000 or 020 7981 3040, or by textphone at 0845 456 3003. Please note that the time needed to produce an alternative format document will depend on the length of the document.

Footnotes:

1.- For channels broadcasting at the time the Communications Act came into force which had not previously been subject to access service obligations, the relevant date was 29 December 2003 (effectively the beginning of 2004), while for newer channels, the relevant date is the date they started broadcasting.

2.- Ofcom’s Code on Television Access Services is published on its website at http://www.ofcom.org.uk/tv/ifi/codes/ctas/ctas.pdf.

3.- These obligations attach to all channels with an audience share of more than 0.05%. A full list of these channels can be found on Ofcom’s website at http://www.ofcom.org.uk/tv/ifi/guidance/tv_access_serv/tv_access_statement07/tv07.pdf.

4.- More information about this can be found at http://www.bbc.co.uk/seehear/.

5.- See, for example, column 331 of Hansard for the House of Lords, in which the figure of 50,000 people having British Sign Language as their first language is quoted. http://www.publications.parliament.uk/pa/ld200203/ldhansrd/vo030515/text/30515-04.htm

The full document is available below