The Broadcasting Act 2001 makes a number of provisions in respect of rules to be made by the Commission to promote the understanding and enjoyment of programmes by persons who are deaf or hard of hearing and persons who are blind and partially sighted. The relevant provisions include the following.

Section 19 (11) provides that:

The Commission shall make rules requiring each broadcaster to take specified steps to promote the understanding and enjoyment by –

(a) persons who are deaf or hard of hearing, and

(b) persons who are blind or partially sighted, of programmes transmitted on any broadcasting service provided by him or her.

Section 19 (12) provides that:

Rules under subsection (11) may, in respect of any specified period beginning on or after the commencement of this subsection, require a broadcaster to ensure that a specified percentage of programmes transmitted on a broadcasting service provided by him or her in that period employs specified means by which the understanding and enjoyment by persons referred to in paragraphs (a) and (b) of that subsection of that percentage of programmes may be promoted.

In accordance with the relevant provisions of the Broadcasting Act In accordance with the relevant provisions of the Broadcasting Act 2001, the Broadcasting Commission of Ireland hereby sets out the 2001, the Broadcasting Commission of Ireland hereby sets out the rules required under Section 19 (11). The Commission has given the rules required under Section 19 (11). The Commission has given the title title Access Rules to these rules. to these rules.

Effective Date

These rules take effect on These rules take effect on 1st March 2005.

Definitions

A number of terms are used throughout the rules. These terms are set A number of terms are used throughout the rules. These terms are set out and defined below. out and defined below.

Subtitling

Subtitling is on-screen text that represents what is being said on the Subtitling is on-screen text that represents what is being said on the screen. The text is formatted in accordance with the screen. The text is formatted in accordance with the BCI Guidelines on

Subtitling Subtitling

to assist interpretation and understanding. Subtitling can be to assist interpretation and understanding. Subtitling can be open or closed. Open subtitling is subtitling that remains on the screen open or closed. Open subtitling is subtitling that remains on the screen at all times. Closed subtitling can be added to the picture or taken at all times. Closed subtitling can be added to the picture or taken away as viewers wish, using, for example, page 888 on Teletext. away as viewers wish, using, for example, page 888 on Teletext.

Captioning

Captioning refers to on-screen text that represents what is being said Captioning refers to on-screen text that represents what is being said on the screen. on the screen.

Irish Sign Language

Irish Sign Language is the indigenous language of the Deaf community in Ireland. It is a visual, spatial language with its own syntax and complex grammatical structure. Signing may be presented on-screen through the use of a signer as part of the programme content, or the use of a signer (either a real person or avatar) acting as an interpreter in a box superimposed in the corner of the screen.

Audio Description

Audio description is a commentary that gives a viewer with a visual impairment a verbal description of what is happening on the screen at any given moment, as an aid to the understanding and enjoyment of the programme. The technique uses a second sound track that gives a description of the scene and the on-screen action.

Jurisdiction

These rules apply to broadcasters under the jurisdiction of the Republic of Ireland or those who make use of a frequency or satellite capacity or up-link based in the Republic of Ireland. In practical terms, the Access Rules apply to the four indigenous terrestrial services namely, RTÉ 1, RTÉ 2, TG4 and TV3. The BCI reserves the right to extend the rules and their applicability to new services licensed by the BCI under the Broadcasting Act 2001, from time to time. The BCI will make this assessment on a case-by-case basis.

1. Rules Applying to All Forms of Provision

1.1 These rules apply to programming content only and performance will be evaluated based on the scheduled duration of the programme.

1.2 Monitoring and measuring of performance shall take place throughout the timeframe for the implementation of the rules.

1.3 All of the rules contained herein shall be reviewed after a period of three years.

2. Subtitling Rules

2.1 Specific targets have been identified for each broadcast service.

2.2 All targets are based on a ten-year timeframe.

2.3 In evaluating and measuring performance, percentage targets will be calculated over an 18-hour broadcast day from 7am to 1am.

2.4 Targets will be measured on an annual basis taking a weekly average.

2.5 Targets will be calculated based on the level of subtitling provision on each individual broadcast service.

2.6 In the case of RTÉ 1 and RTÉ 2, of the annual percentage increase in subtitling, a reasonable proportion shall include children’s programming, where applicable.

2.7 The rules do not, at this time, prioritise any programme genres/types or time-blocks within the 18-hour day. However, broadcasters shall consult periodically, and not less than once annually, with user groups, as to their viewing preferences.

2.8 Broadcasters are permitted to include some captioning in the attainment of subtitling targets in the first three years during which the rules shall apply. However, it is the intention of the Commission that the initial three years of the ten-year timeframe will function as a transition period to facilitate a changeover from captioning to subtitling.

2.9 Broadcasters shall comply with standards and guidelines set out in the BCI Subtitling Guidelines.

2.10 Targets

The following targets and timeframes shall apply: The following targets and timeframes shall apply:

RTE 1

Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10
55%	65%	75%	85%	93%	95%	97%	98%	99%	100%

RTE 2

Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10
24%	33%	42%	51%	60%	67%	73%	80%	85%	90%

TG4

Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10
24%	30%	36%	42%	50%	56%	62%	68%	74%	80%

TV3

Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10
12%	19%	26%	33%	40%	44%	48%	52%	56%	60%

3. Irish Sign Language Rules

3.1 An initial target of 1% Irish Sign Language is required for RTÉ 1 and RTÉ 2. This target is based on a three-year timeframe. There are no requirements in respect of TG4 and TV3 in the first three years of the implementation of the rules.

3.2 In evaluating and measuring the performance of RTÉ 1 and RTÉ 2, the percentage of Irish Sign Language shall be calculated over a 24-hour broadcast day, taking into account the cumulative percentage across the two services. It shall be measured on an annual basis.

3.3 In evaluating and measuring performance, the percentage of Irish Sign Language shall refer to Irish Sign Language provided on-screen through the use of a signer as part of the programme content, or the use of a signer (either a real person or avatar) acting as an interpreter in a box superimposed in the corner of the screen.

3.4 Of the total increase in Irish Sign Language provision provided on an annual basis, a reasonable proportion of children’s programming shall be included.

3.5 Broadcasters shall comply with Irish Sign Language guidelines and standards produced by the BCI.

4. Audio Description Rules

4.1 An initial target of 1% audio description is required for RTÉ 1 and RTÉ 2. This target is based on a three-year timeframe. There are no requirements in respect of TG4 and TV3 in the first three years of the implementation of the rules.

4.2 In evaluating and measuring the performance of RTÉ 1 and RTÉ 2, percentages will be calculated over a 24-hour broadcast day, taking into account the cumulative percentage across RTÉ 1 and RTÉ 2. It shall be measured using weekly averages on an annual basis.

4.3 Of the total increase in audio description provision provided on an annual basis, a reasonable proportion shall comprise home-produced programming.

4.4 Broadcasters shall comply with Audio Description guidelines and standards produced by the BCI.

5. Promotion of Access Services

Broadcasters are required to indicate through the use of a standard symbol those programmes for which access provision (subtitling, sign language or audio description) is available. Insofar as possible, broadcasters should ensure that any programme listings also indicate those programmes for which access provision is available.

Broadcasters shall promote regularly the existence and usage of the form/s of access provision available on their services.

6. Review of the Access Rules

These Rules will be reviewed after year three and year five of implementation.

Department of Communications, Energy and Natural Resources, 29-31 Adelaide Road, Dublin 2, Ireland
Tel +353-1-6782000 Fax +353-1-6782449