Application for exemption under DDA section 55: Regional broadcast television captioning

See now submissions in response and decision

The Commission has received an application (attached, MS Word format) on behalf of the Prime Media Group group of companies, the WIN Corporation group of companies and the Macquarie Southern Cross Media group of companies, pursuant to section 55(1) of the Disability Discrimination Act 1992 (Cth) for an exemption in relation to captioning of television programs.

The applications seek an exemption on the same terms as the exemption granted by the Commission on 13 October 2008 the Commission to ABC TV; SBS Television; Network Ten; Channel Nine; and the Seven Network

That exemption ("network TV exemption no.3") followed earlier exemptions granted by the Commission which had provided for staged increases in levels of captioning provided.

Network TV exemption no.3 was granted subject to a number of conditions proposed by the applicants for a further process of staged increases in captioning levels.

In particular Network TV exemption no.3 is subject to the condition in relation to each broadcaster that, measured at the end of each calendar year of the exemption, the level of captioning on each broadcaster's primary channel should average at least:

1. • 75% of programming over the broadcast day (6am to midnight) for the period ending 31 December 2009;
   • 80 % of programming over the broadcast day (6am to midnight) for the period ending 31 December 2010; and
   • 85% of programming over the broadcast day (6am to midnight) for the period ending 31 December 2011;

Network TV exemption no.3 is also subject to the conditions that

1. • By 30 June 2009 broadcasters are to report to the Commission on the results of consultation with deafness organisations including Deaf Australia and the Deafness Forum of Australia, on proposals to address issues regarding accuracy of captioning;

1. • By 30 June 2010 broadcasters are to report to the Commission on consultation with deafness organisations on captioning hours being achieved measured over the whole day, that is, including the period between 12 midnight and 6 am;

1. • By 31 December 2010 broadcasters are to report to the Commission on consultation with deafness organisations on captioning levels being achieved on secondary channels;

1. • By 31 December 2010 broadcasters are to commence consultation with deafness organisations and the Commission, in order to review possibilities for further increases in captioning at the expiry of the exemption period, and are to report to the Commission on the results of that review by 30 June 2011.

Proposed recommendation

Having regard to

• the Commission's decision regarding Network TV exemption no.3 and its reasons for that decision and
• the process of public consultation conducted by the Commission prior to that decision

I propose to recommend to the Commission that the present applicants be granted an exemption on the same terms, as they request.

Request for submissions

In accordance with its policy on exemption applications, the Commission seeks to give interested parties an opportunity to participate in the process of considering this application.

Submissions are requested by 6 April 2009, by email to disabdis@humanrights.gov.au. The period for comments in this case has been reduced from the six weeks generally provided by the Commission to a four week period, in view of previous consideration of these issues by the Commission including consultation with interested parties.

To promote open public discussion and exchange of views, the Commission intends to posting submissions made electronically on its Internet site. Any requests for material to be treated as confidential should be clearly indicated.

David Mason

Director Disability Rights policy, HREOC

9 March 2009