February 2015

Order Applications
Diversity Localism and Accessibility Section
ACMA
PO Box Q500
QVB NSW 1230

Via email:

ACCAN thanks the Australian Communications and Media Authority (ACMA) for the opportunity to comment on the caption exemption draft orders for Telstra Pay TV Pty Ltd, listed in Attachment 1.

ACCANis concerned that Australian consumers who rely on closed captions struggle to have the same functional access to broadcast services as other Australians. Deaf and hearing impaired Australians continue to be excluded from 100 per cent access to any television broadcast service in Australia, yet for decades this issue of inequality has been debated in our public policy discussions. In 2012 the Australian Parliament passed legislation to overcome ongoing market failure, mandating greater captioning of subscription television with an expectation that broadcasters would meet increasing annual caption targets.

This is the third year in which Telstra has requested an exemption from meeting its legislative obligations in the area of subscription television mobile service. The ACMA has not provided any evidence supporting the claim that requiring Telstra to provide captions on its mobile television service would constitute ‘unjustifiable hardship’. Additionally, there is no evidence given by the ACMA that Telstra is in fact working to implement its legislative obligations. Under the previous model, in which the Australian Human Rights Commission presided over the exemption process, businesses needed to provide tangible evidence that they were working towards meeting their legislative obligations; legislation designed to ameliorate disability discrimination. The ACMA needs to apply this principle to the current exemption process.

In the interest of providing access for all Australians to our changing media environment, ACCAN strongly recommends that the ACMA deny exemptions, especially in view of the lack of evidence to justify such exemptions. It is unacceptable that after decades of advocacy and lobbying for increased access to broadcast television, both publicly funded and subscription television services, Australians who rely on captions now find themselves excluded from new video programming delivery models.

International best-practice mandates the provision of captions irrespective of the broadcast platform. Section 203 of the U.S. Twenty-First Century Communications and Video Accessibility Actrequires all devices which can receive or play back video programming must be capable of displaying and passing through closed captioned content.[1] In addition, the Federal Communications Commission has created anAccessibility Clearinghouse listing mobile devices with closed caption capability.[2]

In conclusion, the technology exists to provide captioned video programming, legislation is in place to promote greater access to video programming and no supported claim of ‘unjustifiable hardship’ or exceptional circumstances have been provided in the exemption draft order. For these reasons ACCAN recommends that the ACMA deny the exemption applications.

Sincerely,

Wayne Hawkins

Disability Policy Advisor

Attachment 1

Application Number / Applicant / Years applied for / Channel
STV/EO-00185 / Telstra Pay TV Pty Ltd / 1 / FX
STV/EO-00186 / Telstra Pay TV Pty Ltd / 1 / SBS1
STV/EO-00187 / Telstra Pay TV Pty Ltd / 1 / A&E
STV/EO-00188 / Telstra Pay TV Pty Ltd / 1 / Arena
STV/EO-00189 / Telstra Pay TV Pty Ltd / 1 / BBC World News
STV/EO-00190 / Telstra Pay TV Pty Ltd / 1 / SportsFan
STV/EO-00191 / Telstra Pay TV Pty Ltd / 1 / Cartoon Network
STV/EO-00192 / Telstra Pay TV Pty Ltd / 1 / Channel [V] Hits
STV/EO-00193 / Telstra Pay TV Pty Ltd / 1 / Channel V
STV/EO-00194 / Telstra Pay TV Pty Ltd / 1 / CNN
STV/EO-00195 / Telstra Pay TV Pty Ltd / 1 / Discovery Mobile
STV/EO-00196 / Telstra Pay TV Pty Ltd / 1 / Disney Channel
STV/EO-00197 / Telstra Pay TV Pty Ltd / 1 / Disney Junior
STV/EO-00198 / Telstra Pay TV Pty Ltd / 1 / E! Entertainment
STV/EO-00199 / Telstra Pay TV Pty Ltd / 1 / EuroSport
STV/EO-00200 / Telstra Pay TV Pty Ltd / 1 / Eurosportnews
STV/EO-00201 / Telstra Pay TV Pty Ltd / 1 / Footy TV (AFL)
STV/EO-00202 / Telstra Pay TV Pty Ltd / 1 / FoxSports News TV
STV/EO-00203 / Telstra Pay TV Pty Ltd / 1 / Fox8
STV/EO-00204 / Telstra Pay TV Pty Ltd / 1 / LifeStyle YOU
STV/EO-00205 / Telstra Pay TV Pty Ltd / 1 / MAX
STV/EO-00206 / Telstra Pay TV Pty Ltd / 1 / MTV
STV/EO-00207 / Telstra Pay TV Pty Ltd / 1 / National Geographic People
STV/EO-00208 / Telstra Pay TV Pty Ltd / 1 / National Geographic Channel
STV/EO-00209 / Telstra Pay TV Pty Ltd / 1 / Nick Junior
STV/EO-00210 / Telstra Pay TV Pty Ltd / 1 / Nickelodeon
STV/EO-00211 / Telstra Pay TV Pty Ltd / 1 / ABC 1
STV/EO-00212 / Telstra Pay TV Pty Ltd / 1 / SKY News Business
STV/EO-00213 / Telstra Pay TV Pty Ltd / 1 / SKY News
STV/EO-00214 / Telstra Pay TV Pty Ltd / 1 / FoxSports
STV/EO-00215 / Telstra Pay TV Pty Ltd / 1 / The Comedy Channel
STV/EO-00216 / Telstra Pay TV Pty Ltd / 1 / The LifeStyle Channel
STV/EO-00217 / Telstra Pay TV Pty Ltd / 1 / Sky News Weather
STV/EO-00218 / Telstra Pay TV Pty Ltd / 1 / TV Hits
STV/EO-

| | twitter: @ACCAN_AU1

[1] see

[2]See FCC Accessibility Clearing House