From: Holub, Irene P [holub.irene.p@edumail.vic.gov.au] Sent: Sunday, 6 December 2009 9:38 PM To: disabdis Subject: Victorian Council of Deaf People Victorian Council of Deaf People ABN 62 495 643 645 7th of December 2009 Captioned Cinema – Application for Exemption under Disability Discrimination Act Response to the application by Hoyts, Village, Greater Union and Reading Cinemas to the AHRC for a temporary exemption from complaints in relation to captioning and audio description We would like to make the following comments about the application: 1. Expansion of cinema access program The applicants will retrofit existing caption capable cinemas to include audio description and increase the number of locations capable of providing captions and audio description. VCOD comment: VCOD acknowledges and applauds Deaf Australia and other community organisations’ lobbying for accessibility to cinemas and that there has been a slight progress to provide captioning and audio description services. In Victoria this year, we currently have two cinemas which provide captioned and audio described services. This is an improvement in the exercise of accessibility. Firstly, Jam Factory ( South Yarra) has provided captioned films for a number of years and the other cinema - NOVA ( Carlton), an independent cinema as part of the. "Accessible cinema project". This project is a joint effort of Media Access Australia (MAA) and the Independent Cinemas Association of Australia, funded by the Department of Health and Ageing and NOVA provides both captioned and audio described services. Both cinemas were not part of the proposal between Deaf Australia, other community organisations and Hoyts, Greater Union, Village and Reading Cinemas. However, the Jam Factory ( Village) has agreed to provide retrofitting of audio description during Phase 3 as part of the agreement. This needs to be stated as this demonstrates clearly that Victoria has been without accessible cinemas with exception of the Jam Factory for a number of years while the hearing community had the benefits of accessing cinemas for years and with choice to attend local cinemas near their work or home address. The agreed proposal between the named cinemas and Deaf Australia and other community organisations is not a realistic and fair agreement. Rudd Government’s National Arts and Disability Strategy stated “ Explore opportunities to enhance accessibility and inclusive practise in the film, television and broadcast industry. This may include programs in Auslan and efforts to increase captioning and audio- description services…” (Focus Area 4.Strategic development, 9.Film, television and broadcast industry). The proposal to increase the locations to 70 venues was reduced to 35 venues upon the cinemas’ responses that they are only responsible for half of the proposed venues; the remaining venues are independently owned. Currently, the United States and Canada have more than 830 accessible cinemas, representing 15 per cent of locations; the United Kingdom has more than 300 accessible cinemas. Why are Australian cinemas are applying for an exemption against this when other countries are able to provide accessible cinemas? Australian cinemas should be moving forward and embracing the changes as a part of accessibility and equality. The cinemas are asking for exemption from complaints for two and half years in regard to the retrofitting of the 35 cinemas. VCOD is concerned that to grant exemption to this request will render us without a voice of complaint. We are the patrons of the captioned films and we have the right to make a complaint if the quality and environment does not match the standards of accessibility and equality. Considering that the number of accessible venues has been reduced from 70 to 35, and now being denied the opportunity to have a say or make a complaint is discrimination, without a doubt. 2. Availability of access features The applicants will continue to use best endeavours to locate and show a wide range of films with both captions and audio description where available. Open captions will continue to be shown at a minimum of three scheluded sessions per week, with audio description also available at the same sessions at the designated screens for the open caption films with audio description. VCOD comment: Open captions shown at a minimum of three scheduled sessions each week. This number is not acceptable and needs to be significantly improved. The current screening times have not changed in the past 8.5 years, despite ongoing complaints that they are not suitable for our community members. We have the right to access the cinemas as equally as our hearing counterparts. The cinemas must work with Screen Australia to ensure that all Australian films made accessible via Screen Australia’s captioning policy are included in their accessible programs. It is easier to view films produced internationally than those made in Australia. We as patrons should be able to support and access locally made films. 3. Accessible information on film schedules The application states that the cinemas will work with representatives of disability organisations to ensure the availability of captioned and audio services will be available within 6 months of the granting of the Temporary Exemption. VCOD comment: We recommend strengthening pathways of communication between the community and cinemas to establish a coordinated approach for promotion and selection of films. Cinemas should be expected to promote accessibility and be proud of it! Screening of films needs to be increased from three screenings per week to daily screenings. Cinemas are not just for hearing people – cinemas are for everyone. We are a society of diversity with cultural and linguistic needs. Denial of this fact is discrimination. 4. Review The applicants will undertake a review of the cinema access program in consultation with Representatives from key stakeholders starting 9 months before the end of the Temporary Exemption. ‘ VCOD comment: * Change of session times – Limited screening times to three screening per week makes it difficult for patrons to attend at those specific times. Many of our patrons live more than 20 kms from the cinemas ( Victoria) and have attended cinemas only to be informed that the session was cancelled or screened a hour earlier with no public notices. We do not have the privilege to wait for the next screening to watch the captioned movie as equally as our hearing counterparts. * Consultations with the community organisations – Limited choices of films currently screened at the Jam Factory. There should be a variety of films to be made available at each cinema and at different times on a daily basis. Deaf people have their own preferences and tastes for particular films as equally as their hearing patrons. One film shown at a cinema will not suit all patrons, and often we have to wait a few months before we get to watch a film that may suit our preference. The choice to view a film is currently limited and biased. * Cheap day tickets are usually provided on non-captioned /audio described film screening times. This is unfair and should be available to our community as equally as the hearing community. * Marketing and promotion – Cinemas must take full responsibility to promote captioned and audio described films. Community organisations can support to inform their community members of available screenings but they should not be expected to promote this as the primary advertisers. Cinemas must regularly inform the community organisations of proposed screenings of captioned/audio described films. * Locations – There should be a review of the demographics of current community members therefore suitable locations should be nominated according to where the majority of members are currently based. * Proposals for new cinemas and refurbishments – It must be part of the agreement that new cinemas or those undergoing refurbishments must abide by universal design principles that include accessible equipment. We need to be inclusive not exclusive. Summary: The application for exemption from the Disability Discrimination Act for a period of two and a half years is a huge step backwards. Community organisations including Deaf Australia have lobbied for years for accessibility and equality to cinemas. Cinemas are public venues designed and provided for the public. Public means everyone including people who are deaf/ hard of hearing and people who are blind/visually impaired. If a cinema wants to screen films for the public, they must provide accessibility for all to attend. If a cinema chose to screen films exclusively for hearing people, then they must state that they are not a public venue for anyone to attend. This exemption excludes our right to access quality entertainment as equally as our hearing counterparts. It is critically imperative that these comments be appropriately addressed in the review process, if not beforehand, and to acknowledge that we who are deaf/hard of hearing , blind and visually impaired have the right to access public screenings as equally as our hearing and visual counterparts. Yours sincerely Irene Holub President Victorian Council of Deaf People Important - This email and any attachments may be confidential. If received in error, please contact us and delete all copies. Before opening or using attachments check them for viruses and defects. Regardless of any loss, damage or consequence, whether caused by the negligence of the sender or not, resulting directly or indirectly from the use of any attached files our liability is limited to resupplying any affected attachments. Any representations or opinions expressed are those of the individual sender, and not necessarily those of the Department of Education and Early Childhood Development.