ࡱ> QSPg %bjbjVV 8>r<r< hh84B4 9vvvvvf8h8h8h8h8h8h8$:g=088vv48.```Xvvf8`f8``3x5vԧ4R88< 94??4x5x5?5X`88x 9?h : APPLICATION FOR EXEMPTION UNDER SECTION 55 OF THE DISABILITY DISCRIMINATION ACT 1992 DECEMBER 2011 This is an Application for Exemption from the Disability Discrimination Act 1992 (DDA) in so far as it relates to the broadcasting of television programming by the Seven Network Limited group of companies, the Nine Entertainment Co group of companies, the Network Ten Limited group of companies, Prime Media Group group of companies, the WIN Corporation group of companies, the Southern Cross Australia group of companies, Imparja Television, SBS and the ABC (the Applicants). The Applicants seek an exemption from the DDA until 31 December 2012, subject to a number of conditions. The full conditions on which the Applicants seek an exemption are attached. Background On 13 October 2008, the then Human Rights and Equal Opportunity Commission made a decision under section 55(1) of the DDA to grant an exemption to free-to-air television broadcasters in relation to the captioning of television programs. That application was made by the ABC, SBS, the Seven Network group of companies, the Nine Network group of companies and the Network Ten group of companies. On 12 May 2009, the Human Rights and Equal Opportunity Commission made a decision to grant Prime Media Group, WIN Corporation and Macquarie Southern Cross Media television licensees an exemption on similar terms to that granted on 13 October 2008 to metropolitan television licensees. The exemptions granted under section 55(1) included extensive terms and conditions. Most significantly, the applicants were required to implement staged increases in the captioning of programming between 6am to midnight on their primary broadcast channels. The staged increases were set at 5% annual increments, culminating in an 85% quota to be reached by the end of the exemption on 31 December 2011. The exemptions also included substantial consultation requirements and requirements for regular reporting of captioning levels, quarterly and annually. The Applicants have complied fully with the terms of the exemption, conducting substantive consultations with deafness community groups, reporting on those consultations to the Commission, meeting staged captioning increase requirements and regularly reporting captioning levels to the Commission. During the period of the exemption, the federal Government has been conducting a review of access to electronic media for the vision and hearing impaired. Amongst other things, that review sought to investigate and make recommendations into the future regulation of television captioning. On 3 December 2010, the Government released the final report of the review, which included several recommendations regarding free-to-air television captioning. Relevant to this application, the recommendations included: Recommendation 1That the Government includes new captioning targets in the Broadcasting Services Act 1992, mandating 100 per cent captioning between 6.00 am and midnight on the primary television service provided by national broadcasters and commercial television broadcasters by 2014. Recommendation 2That the Government prescribes the sections of the Broadcasting Services Act 1992 that mandate captioning targets under subsection 47(2) of the Disability Discrimination Act 1992. The legislative amendments would result in anyone acting in direct compliance with the prescribed part of the Broadcasting Services Act 1992 no longer being subject to complaint under the Disability Discrimination Act 1992. Advice from Government was that legislative amendments to implement these recommendations would be introduced into Parliament in 2011. If passed, this would have centralised regulation of captioning into the Broadcasting Services Act 1992, with the result that a further temporary exemption application would not be required. As at the time of writing, the required legislation has not been introduced. Application for exemption The Applicants are committed to building on the significant achievements made to date in terms of television captioning, whether through the AHRCs temporary exemption processes or through compliance with new captioning legislation as proposed by the Government. The Applicants feel the arrangements under the outgoing temporary exemptions have greatly benefited the deaf and hearing impaired community and have facilitated constructive, positive and productive interactions between broadcasters and deafness advocacy groups. Whilst the legislative process for reform of captioning regulation is continuing, the Applicants seek the protection and certainty that a short-term exemption under the DDA provides. The terms on which the Applicants seek an exemption are attached. The terms are consistent with the general approach taken in the previous temporary exemptions and with the regulatory policy expressed in the Media Access Reviews recommendations. The exemption is designed to ensure the same outcomes as would be achieved for 2012 had the implementing legislation been in place. ATTACHMENT PROPOSAL FOR EXEMPTION The Applicants seek an exemption until 31 December 2012 in relation to captioning of free to air television programming on all of the Applicants own television services. The exemption is sought on condition that each of the Applicants implement the following undertakings in relation to its own services: All broadcasters to caption primary channel programs (other than sport) that commence in prime time until their conclusion. The commercial free-to-air broadcasters to continue to caption all new P and C programs on their primary channels. ABC to continue to caption all new schools programs. ABC to continue to caption new Australian pre-school and childrens programs with an annual target of 50hours. ABC to continue to caption new overseas childrens programs with an annual target of 50 hours. ABC will caption approximately 1000 hours of pre-school and childrens programs broadcast annually. In addition, in relation to the ABC, the percentages applying to the primary channel will apply to all nationally transmitted programs broadcast on the primary channel. In addition to these nationally transmitted percentage targets the ABC will caption all state and territory news and current affairs programs on the primary channel. Measured at the end of the calendar year of the exemption, the level of captioning on each broadcasters primary channel should average at least: 90% of programmingover the broadcast day (6am to midnight) for the period ending 31December 2012. Applicants to report on the level of captioning on primary channels (6am to midnight) to the 鱨վ at the end of each calendar quarter. First report to be provided for the period ending 31 March 2012 by the end of April 2012. Applicants to report to the Human Rights and Equal Opportunity Commission by the end of January 2013 on implementation of this proposal. Programs do not include advertising, sponsorship or promotional material, or community service announcements. Captioned programs include foreign language subtitled programs. Hours of programs broadcast exclude foreign language programs exempted by clause 38(7) of Schedule 4 of the Broadcasting Services Act 1992. Participation by broadcasters in ongoing discussions facilitated by the ACMA regarding the quality of captions.     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