ࡱ> \^[#` &bjbjmm 8J%p   NNN8,\v3hRRR2222222$4hF7$2RNNRR24 3.RX2R2/0 NX!02:3<v350j9lj9(00j91RRRRRRR22nXRRRv3RRRRd jj APPLICATION FOR EXEMPTION UNDER SECTION 55 OF THE DISABILITY DISCRIMINATION ACT 1992 SEPTEMBER 2008 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 ABC, SBS, the Seven Network group of companies, the Nine Network group of companies and the Ten Network group of companies (the Applicants). The Applicants seek an exemption from the DDA until 31 December 2011, subject to a number of conditions. The full conditions on which the Applicants seek an exemption are attached. Background The Applicants have been providing captioning services for deaf and hearing-impaired viewers since the 1980s. The commitment was formalised in regulations enacted under Schedule 4, section 38 of the Broadcasting Services Act 1992 which require broadcasters to provide closed captioning for all prime time programming (6.00pm to 10.30pm) and all news and current affairs outside this period. The Applicants have complied with and exceeded the requirements under the Broadcasting Services Act 1992. On 28 May 2003, the Human Rights and Equal Opportunity Commission made a decision under section 57 of the DDA to grant an exemption to the Applicants for a period of 5years, subject to a number of conditions, including: Caption all programs (other than sport) which commence in prime-time until their conclusion; Staged increase in hours to reach minimum goals 55% by end 2005 and 70% by end 2007 (6am to midnight programming); Priority is given to captioning of pre-school and childrens programming by end 2007, over 1400 hours of pre-school, childrens and schools programs will be captioned each year; Applicants support actions by government to improve availability of caption decoding and recording capability in television and related equipment; Applicants report to the Commission by end of January 2004, 2005 and 2006 on progress in implementing the proposal; and By the end of 2006 broadcasters commence a review in consultation with deafness representative organisations of possibilities for further increases in captioning at the expiry of the exemption. The exemption included a requirement to report on progress in 2004, 2005 and 2006 and progress in achieving the minimum quota. Captioning figures averaged for the year 2007 show that the Applicants have met these minimum quotas (Seven 70.5%; ABC 74%; SBS >70%; Nine 72% and Ten 71.3%). In particular, significant gains have been made in the captioning of childrens programs, with over 1400 hours of pre-school, childrens and schools programs captioned under the terms of the current exemption. On 9 May 2008, an application was made for a further, short-term exemption from the DDA in so far is it requires captioning of television programs. The exemption was sought until 31 November 2008 on the condition that the applicants continue to closed caption a minimum of 70% of programs broadcast to the end of the exemption. On 27 August 2008, the Human Rights and Equal Opportunity Commission granted a temporary exemption pursuant to sections 55(1) and 55 (1A) of the DDA. The exemption was granted for 12 months on the terms proposed by the Applicants, but with additional conditions in relation to each broadcaster that: Measured over the last month of the exemption, the level of captioning should average at least 75 per cent of programming over the broadcast day (6am to midnight); The Commission be notified within 1 month of the decision of the broadcasters commitment to implement the terms of the exemption; and Captioning levels be reported each 3 months, and at the conclusion of the exemption period; and Each broadcaster, or Free TV Australia on behalf of one or more broadcasters, to have liberty to apply for an exemption on varied terms at any point during the exemption period. Application for exemption As envisaged by the Commissions decision of 27 August 2008, the Applicants are seeking an exemption on varied terms to that granted by the Commission. The Applicants are committed to building on the significant achievements made to date in terms of television captioning and are willing to commit to significant increases in captioning levels, which will greatly benefit the deaf and hearing impaired community. Broadcasters note that the Governments review into access to electronic media for the hearing impaired is ongoing and continue to support that review as the best means to assess the long-term regulatory environment for electronic media access. However, due to circumstances beyond the control of the Applicants, the timing of the review has been delayed. It is therefore unlikely that a solution to the current issues of regulatory uncertainty will be found in the near future. The Applicants have therefore developed a proposal to support significant and ongoing increases in captioning levels in the medium term. The protection and certainty of a medium-term exemption under the DDA will enable broadcasters to continue to participate productively in the Governments review, with the objective of reaching a mutually supported outcome on the long-term future of television captioning. ATTACHMENT PROPOSAL FOR EXEMPTION The Applicants seek an exemption until 31 December 2011 in relation to captioning of free to air television programming on all of the Applicants own 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 programs (other than sport) that commence in prime time until their conclusion. Seven Nine and Ten continue to caption all new P and C programs. 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. Measured at the end of each calendar year of the exemption, the level of captioning on each broadcasters primary channel should average at least: 75% of programmingover the broadcast day (6am to midnight) for the period ending 31December 2009; 80% of programming over the broadcast day (6am to midnight) for the period ending 31December 2010; and 85% of programming over the broadcast day (6am to midnight) for the period ending 31December 2011. Applicants to report on the level of captioning on primary channels (6am to midnight) to the Human Rights and Equal Opportunity Commission at the end of each calendar quarter. First report to be provided for the period ending 31 December 2008 by the end of January 2009. Applicants to report to the Human Rights and Equal Opportunity Commission by the end of January 2009, 2010, 2011 and 2012 on overall progress in implementing 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. In addition, in relation to the ABC, the percentages apply to all nationally transmitted programs broadcast. In addition to these nationally transmitted percentage targets, the ABC will continue to caption all state and territory news and current affairs programs (currently, approximately 1500 hours of captioned programs annually). Support by broadcasters for actions seeking to improve the quality of captions.  Figures sourced from the Applicants internal reporting systems, based on programming schedules and reports.     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