Why is this important
The Department’s responsibility in relation to the broadcasting area is to develop policy within which the needs of all consumers are considered. The State Bodies in the sector regulating both the State broadcasting services and the independent service providers have a major role in determining the quality and accessibility of services to the broad community
Current Position
The Department has responsibility for two State bodies in the Broadcasting Area. The Broadcasting Commission of Ireland (BCI) regulates the independent sector, while the RTÉ Authority regulates RTÉ’s services.
The Broadcasting Commission of Ireland
The Broadcasting Commission (BCI) of Ireland is an independent statutory organisation responsible for a number of key areas of activity with regard to television and radio services in Ireland further to the provisions of the Radio and Television Act, 1988 and the Broadcasting Act, 2001.
Obligations Imposed on the BCI
The key functions of the Commission include the licensing of independent broadcasting services including the additonal licensing of television services on digital, cable, MMDS and satellite systems; the development of codes and rules in relation to programming and advertising standards and the monitoring of all licensed services to ensure that licence holders comply with their statutory obligations and terms of their contracts. The BCI also provides administrative support to the Broadcasting Complaints Commission.
Compliance by the BCI with Certain Provisions of the Disability Act, 2005
Section 25
The BCI renovated its current headquarters in 2003. The BCI is satisfied that its offices comply with Part M of the building regulations and that they are fully accessible for people with disabilities.
The BCI has also taken into account the issues relating to people with disabilities in its Safety Statement and in its Lone Working Policy.
Section 26
All services provided by the BCI/BCC (Broadcasting Complaints Commission) are available in person, by post and electronically. This ensures the widest possible access. A primary consideration in hosting events outside the headquarters of the BCI is access for people with disabilities.
The BCI Information Officer has been appointed as Access Officer for the purposes of the Act. This appointment will be identified on the BCI website.
Section 27
All goods and services purchased by or supplied on behalf of the BCI are required to be fully accessible by persons with disabilities. Where this is not practicable or justifiable on cost grounds or would result in an unreasonable delay to the purchase or the delivery of the service, a detailed explanation must be placed on the purchase file. This explanation must also contain details of any steps that need to be taken to overcome the difficulty in supply and the means by which the BCI or the supplier will ensure that persons with a disability can avail of the service.
Section 28
The BCI website, which is the primary communications vehicle for the BCI, is "W3" compliant. Other information, such as consultation documents, have previously been produced to meet specific needs and this will continue. The BCI makes all of its public documents available in Braille, on audio tape, in electronic format and/or large print on request. It provides sign language interpreters and/or Real Time Captioning at public events/consultations following a request beforehand to the organization from a person attending who requires this service
The BCI has published a Quality Customer Service Charter which addresses issues of access to information and complaints procedures.
Sections 38, 39, 40
The BCI Quality Customer Service Charter deals with complaints, and an Officer is specifically appointed as the point of contact for complaints under this Charter. This Officer will also be appointed Inquiry Officer for the purposes of the Act. Appropriate amendments to the BCI Quality Customer Service Charter will be made to reflect this appointment.
Section 47
The BCI is an equal opportunities employer and this is stated in all of its recruitment campaigns. The BCI also requests interview candidates to identify any specific needs, and such needs are accommodated. While the BCI has not employed any person that has identified themselves as having a disability, this has not been a factor in the determination of the outcome of any recruitment process.
The BCI is developing both its equality policy and recruitment policy through the partnership process, and the issue of employment will be dealt with in these.
The BCI states that it is committed to meeting all of its statutory obligations wherever possible. It is also committed to being proactive in providing a quality service to all of its stakeholders.
What are the Key Issues Moving Forward ?
Section 19(11) of the Broadcasting Act, 2001, as amended by Section 53 of the Disability Act, 2005, requires the BCI to make rules requiring broadcasters to take steps to promote the understanding and enjoyment of programming for the deaf/hard of hearing and the blind/visually impaired.
In accordance with its statutory requirements, the BCI has developed Access Rules, which determine the levels of subtitling, sign language and audio description that RTE1, RTE2, TG4 and TV3 are required to provide in accordance with their statutory obligations. The Access Rules are applicable from 1 March 2005 and are due to be reviewed by the BCI in 2008 and 2010.
Examples of the targets and timeframes set down by the BCI in respect of subtitling are:
RTE 1 - 75% of programming content to be subtitled by year 3, 100% by year 10,
RTE 2 – 42% of programming content to be subtitled by year 3, 90% by year 10,
TG4 – 36% of programming content to be subtitled by year 3, 80% by year 10,
TV3 – 26% of programming content to be subtitled by year 3, 60% by year 10.
Initial targets of 1% in respect of Irish sign language and audio description are required for RTE 1 and RTE 2 in the first three years of the Access Rules.
The BCI Access Rules are attached at Appendix 2 and are available at http://www.bci.ie/documents/access_rules_english.pdf
Action which the BCI plans to take
The Commission issued a Statement of Outcomes Access Rules on 6 April 2006 in relation to other services licenced by the Commission. It decided that Setanta Sports Channel Ireland , NASN ( Ireland & UK ) and City Channel should have an obligation to provide subtitling. The Statement of Outcomes Access Rules are attached at Appendix 2B and are available at http://www.bci.ie/documents/access_rules_statement_06.rtf
Legislation is being prepared that will transform the BCI into a new body entitled the Broadcasting Authority of Ireland, and this new body will assume the existing responsibilities of the BCI in relation to the Access Rules.
RTÉ
Current Position
RTÉ is Ireland's Public Service Broadcaster and is governed by the Broadcasting Authority Acts, 1960 to 2001. It is a statutory corporation, independent in day-to-day matters.
Obligations imposed on RTE
A Public Service Broadcasting Charter for RTÉ was published in June 2004. The purpose of the Charter is to provide an understanding to the people of Ireland of what is expected of RTÉ in return for the significant public funds provided to RTÉ from the proceeds of the television licence fee. The Guiding Principles of the Charter states that RTÉ shall take into account the needs of those with a physical, sensory or intellectual disability. RTÉ shall take measures to increase the accessibility and relevance of programming to such audience. The Access Rules developed by the BCI also apply to RTÉ.
RTÉ’s Statement of Commitments
The Public Service Broadcasting Charter for RTÉ also requires RTÉ to publish an annual statement of commitments, which can be assessed at the end of each year. RTÉ’s commitments are measured as part of an annual review of RTÉ’s performance. The findings of this review informs the decision making process regarding any adjustment in the television licence fee.
What are the Key Issues Moving Forward
A public consultation process in relation to the EU proposal to amend the Television Without Frontiers Directive is currently underway. All responses to the consultation process will inform the Department’s input into the revised Directive.
Digital Television
The Department is committed to the development of digital television in Ireland. The introduction of digital television will result in increased programme capacity, and new features such as programme guides, multi-view and interactive services, as well as potential convergence with the internet.
Through an increase in capacity, digital broadcasting will have scope to offer more services tailored for those with disability.