Legislation
Last Updated (Tuesday, 24 January 2012 20:22)
Some of this information is out of date. We intend to update it soon.
The Audio Visual Media Services Directive
The Audio Visual Media Services Directive (2007/65/EC) (an amendment of the Television without Frontiers Directive) entered into force on 19th December 2007. Member States have two years to transpose the new provisions into national law.
Article 3c states that:
Member States shall encourage media service providers under their jurisdiction to ensure that their services are gradually made accessible to people with a visual or hearing disability.
In addition, the preamble says:
The right of persons with a disability and the elderly to participate and integrate in the social and cultural life of the Community is inextricably linked to the provision of accessible audiovisual media services. The accessibility of audiovisual media services includes, but is not restricted to, sign language, subtitling, audio-description and easily understandable menu navigation.
This reinforces the idea of access to television being a basic right due to its importance for social inclusion. It also makes the point that accessibility is not just about programme content but extends to the usability of the equipment and interaction methods.
The Broadcasting Bill, 2008
The Broadcasting Bill was published in May 2008 and is open for public consultation. It doesn't impose any specific requirements for accessibility or affordability, but it does create a number of measures to help the broadcasting sector take into account the needs of older people, people with disabilities and socially disadvantaged people. According to the Bill, a new Broadcasting Authority of Ireland (BAI) will be created which shall:
provide a regulatory environment that will facilitate the development of a broadcasting sector in Ireland that is responsive to audience needs and in particular is accessible to people with disabilities.
Other measures allow for the direct involvement of people with disabilities or their representatives in structures that contribute to decision making. These include the Contract Awards Committee, the Compliance Committee, the boards of RTÉ and TG4 and the nine person BAI itself, all of which have membership criteria which qualify a person if they have experience of or capacity in matters pertaining to either disability affairs or social, educational or community affairs.
Additionally, the Bill proposes the setting up of RTÉ and TG4 audience councils, which will be:
…representative of the viewing and listening public and, in particular, of persons with a sight or hearing disability.
The Broadcasting Authority Act, 2001
The Broadcasting Authority Act, 2001 authorised the Broadcasting Commission of Ireland (BCI) to make rules requiring each broadcaster to:
… promote understanding and enjoyment of programmes by persons who are deaf, hard of hearing, blind or partially sighted.
The resulting BAI Access Rules establish minimum quotas of subtitling, Irish Sign Language and audio description for each television channel.
Legislation