Part 3Television and Radio Services ETC

Chapter 4Regulatory provisions

Television services for people with disabilities

303Code relating to provision for F1people with disabilities

(1)

It shall be the duty of OFCOM to draw up, and from time to time to review and revise, a code giving guidance as to—

(a)

the extent to which the services to which this section applies should promote the understanding and enjoyment by F2people with disabilities, in particular—

(i)

persons who are deaf or hard of hearing,

(ii)

persons who are blind or partially-sighted, and

(iii)

persons with a dual sensory impairment,

of the programmes to be included in such services; and

(b)

the means by which such understanding and enjoyment should be promoted.

F3(1A)

The code must include provision—

(a)

encouraging providers of services to which this section applies to develop accessibility action plans with a view to continuously and progressively making such services more accessible to people with disabilities;

(b)

requiring such action plans to be notified to OFCOM;

(c)

requiring providers of services to report annually to OFCOM about the accessibility of such services to people with disabilities.

(2)

The code must include provision for securing that every provider of a service to which this section applies ensures that adequate information about the assistance for disabled people that is provided in relation to that service is made available to those who are likely to want to make use of it.

(3)

The code must also require that, from the fifth and tenth anniversaries of the relevant date, the obligations in subsections (4) and (5), respectively, must be fulfilled by reference to averages computed over each of the following—

(a)

the twelve month period beginning with the anniversary in question; and

(b)

every twelve month period ending one week after the end of the previous period for which an average fell to be computed.

(4)

The obligation to be fulfilled from the fifth anniversary of the relevant date is that at least 60 per cent. of so much of every service which—

(a)

is a service to which this section applies, and

(b)

has a relevant date after the passing of this Act,

as consists of programmes that are not excluded programmes must be accompanied by subtitling.

(5)

The obligations to be fulfilled from the tenth anniversary of the relevant date are—

(a)

that at least 90 per cent. of so much of a Channel 3 service or of Channel 4 as consists of programmes that are not excluded programmes must be accompanied by subtitling;

(b)

that at least 80 per cent. of so much of every other service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by subtitling;

(c)

that at least 10 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be accompanied by audio-description for the blind; and

(d)

that at least 5 per cent. of so much of every service to which this section applies as consists of programmes that are not excluded programmes must be presented in, or translated into, sign language.

(6)

A reference in subsection (4) or in any paragraph of subsection (5) to excluded programmes is a reference to programmes of the description for the time being set out under subsection (7) in relation to that subsection or paragraph and also in relation to the service in question.

(7)

The code must set out, in relation to subsection (4) and each of the paragraphs of subsection (5), the descriptions of programmes that OFCOM consider should be excluded programmes for the purposes of the requirement contained in that subsection or paragraph.

(8)

In complying with subsection (7), OFCOM must have regard, in particular, to—

(a)

the extent of the benefit which would be conferred by the provision of assistance for disabled people in relation to the programmes;

(b)

the size of the intended audience for the programmes;

(c)

the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case;

(d)

the extent to which members of the intended audience for the programmes are resident in places outside the United Kingdom;

(e)

the technical difficulty of providing the assistance; and

(f)

the cost, in the context of the matters mentioned in paragraphs (a) to (e), of providing the assistance.

(9)

The exclusions that may be set out in the code under subsection (7)—

(a)

may include different descriptions of programmes in relation to different services to which this section applies; and

(b)

in the case of a service which OFCOM are satisfied (having regard to the matters mentioned in subsection (8)) is a special case, may include all the programmes included in the service.

(10)

The requirements that may be imposed by the code include, in particular—

(a)

requirements on persons providing services to which this section applies to meet interim targets falling within subsection (11), from dates falling before an anniversary mentioned in subsection (3);

(b)

requirements on persons providing such services to meet further targets from dates falling after the anniversary mentioned in subsection (5); and

(c)

requirements with respect to the provision of assistance for disabled people in relation to excluded programmes, or in relation to a particular description of them.

(11)

The interim targets mentioned in subsection (10)(a) are the targets with respect to the provision of assistance for disabled people which OFCOM consider it appropriate to impose as targets on the way to meeting the targets imposed in pursuance of subsection (3).

(12)

This section applies to the following services—

(a)

S4C Digital or any other television programme service provided by F4S4C for broadcasting in digital form so as to be available for reception by members of the public;

(b)

any licensed public service channel;

(c)

a digital television programme service but not an electronic programme guide;

(d)

a television licensable content service but not an electronic programme guide;

(e)

a restricted television service.

(13)

In this section—

“electronic programme guide” means a service which—

(a)

is or is included in a television licensable content service or a digital television programme service; and

(b)

consists of—

  1. (i)

    the listing or promotion, or both the listing and the promotion, of some or all of the programmes included in any one or more programme services the providers of which are or include persons other than the provider of the guide; and

  2. (ii)

    a facility for obtaining access, in whole or in part, to the programme service or services listed or promoted in the guide;

“programme” does not include an advertisement.