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Signing on television

Statement

Executive Summary

Introduction

1.1 Research findings published by Ofcom last year suggested that very few hearing-impaired people who can use sign language to watch television benefit from sign-interpreted programmes on low audience channels. As a result, Ofcom began a process of talking to broadcasters and groups representing the interests of deaf people ('deaf groups'). Our aim was to see whether arrangements could be put in place that would better meet the needs of sign language users. This document explains what the current arrangements are, and explains why Ofcom considered it necessary to examine whether different arrangements should be put in place. It also describes the process of consultation with deaf groups and broadcasters, the outcome of that process, and Ofcom's decisions.

1.2 Since the process leading to these decisions has been a thorough and lengthy one, and many of the issues have raised legal and financial issues, this document is necessarily long, and, in places, complex. Full details of Ofcom’s considerations are set out later in this document. A short plain English summary has been published, and can be found on our website at http://www.ofcom.org.uk/consult/condocs/signing/statement/plain.

1.3 There are two approaches to signing on television. Sign-interpreted programmes show a signer, usually in the corner of the screen, who interprets what is happening in the main picture. Sign-presented programmes are presented in sign language, and dubbed in English, often with subtitles. There are currently very few examples of this - the most well-known example is the BBC’s See Hear programme.

Code on Television Access Services

1.4 Under the Communications Act (‘the Act’), Ofcom’s duties are to further the interests of citizens in relation to communications matters and consumers in relevant markets. In performing its duties, Ofcom must have regard to the needs of persons with disabilities (section 3 (4) of the Act).

1.5 Under section 303 of the Act, Ofcom has a specific duty to draw up, and from time to time, review and revise a code giving guidance as to the extent to which broadcasters should promote the understanding and enjoyment of television by the deaf or hard of hearing, the blind or partially sighted and those with a dual sensory impairment; and as to the means of promoting such understanding and enjoyment. Access to television programmes is to be provided by means of subtitling, signing and audio description (described collectively as ‘access services’).

1.6 In July 2004, in accordance with its obligations under section 303 of the Communications Act 2003 (‘the Act’), Ofcom published a Code on Television Access Services. At the same time, we explained that we would review the Code within two years to see what changes might be appropriate in the light of experience.

1.7 In 2005, Ofcom commissioned research to help inform its first review of the Code. Our objectives, established after discussion with disability groups, broadcasters and access service providers, were to establish how many people stood to benefit from the different access services, to look at usage and barriers to use, and to understand the needs and preferences of users and potential users.

Findings about signing on TV

1.8 In March 2006, we published this research alongside a review of the Code, and of related guidance . One of the findings was that about 66,000 people had a reasonable understanding of sign language. In qualitative case studies, two thirds of hearing-impaired people with the strongest signing skills expressed a preference for subtitling over signing. We suggested that there was a distinct possibility, therefore, that the number of people actually relying upon signing to watch television is significantly smaller than the number of people who said they understood signing well enough to use it to watch television. Moreover, the number of people likely to be using signing to watch programmes on low audience channels was likely to be very small indeed.

1.9 Given this, Ofcom concluded that it was unlikely that the current obligations on low audience channels were proving particularly effective in terms of the costs being incurred in fulfilling them, the number of people likely to benefit and the extent of that benefit. We said that further discussion was required with sign language users and broadcasters about whether continuing with the current arrangements was appropriate for those channels. Subsections (7) and (9) of section 303 of the Act allow Ofcom to exclude channels from the current signing obligations on a case by case basis, having had regard to specific criteria set out in subsection (8), including the cost and extent of the benefit conferred by the assistance. In such cases, Ofcom may impose alternative requirements with respect to the provision of assistance for the deaf.

1.10 Accordingly, we said we would explore whether there were alternatives to the arrangements that currently apply to low audience channels that might better meet the needs of sign language users. We noted that none of the alternatives were likely to be without both advantages and disadvantages, and these would need to be thoroughly aired. We said that we expected to carry out a further consultation in the light of discussion with and feedback from interested parties.

1.11 Under the arrangements set out in section 303(5) of the Act, broadcasters have a choice of whether to meet their targets with sign-interpreted or sign-presented programmes. They invariably use sign-interpreted programmes, which are much cheaper to produce than sign-presented programmes. In discussions with Ofcom, deaf groups told us that, in preference to sign-interpreted programmes on low audience channels, they would prefer to see the resources directed towards making more sign-presented programmes available. Broadcasters told Ofcom that they did not favour the idea of providing sign-presented programmes. They cited a variety of reasons, including the cost and the lack of appeal to mainstream audiences.

1.12 However, in the summer of 2006, a proposal was made by Sky and the Community Channel that broadcasters contribute to the costs of a sign zone on the Community Channel (in lieu of signing on their own channels). This attracted interest from both broadcasters and deaf groups. A seminar with deaf groups and broadcasters in November 2006 failed to secure consensus but Ofcom invited a Sign Language Working Group largely comprised of deaf people and groups to make recommendations that could be delivered would be within the framework of current legislation. The working group recommended in essence that the Sky / Community Channel proposal be pursued, and that funds contributed by broadcasters be administered by a Trust on which deaf people were strongly represented.

Consultation

1.13 On 10 May 2007, Ofcom published a consultation document seeking views from stakeholders on three specific matters:

firstly, on Ofcom’s proposals to determine that some low-audience channels should be excluded from their current obligations for sign-interpreted programming on the basis of evidence suggesting that the costs incurred produce little or no benefit to the audience for access services;
secondly, to consider whether Ofcom should impose alternative arrangements on those excluded services to provide greater benefit to audiences; and if so
thirdly, to propose that when deciding whether to impose alternative arrangements, Ofcom should take into account any voluntary arrangements that have been entered into by those excluded services in order to provide other more effective and beneficial assistance for the disabled in the form of sign-presented programmes, either on those channels or in other ways (e.g. a sign zone on the Community Channel).

1.14 In response to broadcasters’ requests for more detail on the Community Channel’s proposal to host a sign zone, a briefing for broadcasters was provided by the channel. Ofcom extended the consultation period to 27 July 2007 to allow further time for broadcasters to take this into account in their responses.

Assessment of responses

1.15 There were several responses from individuals, some of them sign language users. There were also responses from a wide range of groups representing the interests of deaf people, as well as many broadcasters and several companies providing access services for television programmes. With the exception of a few confidential submissions, all these have been posted on our website. We have taken all the responses into account in formulating our conclusions. Ofcom has also had regard to responses to the consultation carried out by the Sign Language Working Group amongst deaf groups .

1.16 Deaf groups supported proposals for low audience channels that would result in sign-interpretation being replaced by a smaller amount of sign-presented programming at more convenient times. However, most hoped that broadcasters would participate in alternative arrangements such as the proposed sign zone on the Community Channel, as they felt that this would provide a more convenient destination, and provide a greater opportunity for sign language users to participate in the selection, scheduling and production of programmes for deaf people. Deaf groups were also concerned that any new arrangements should not prejudice the amount of subtitling on television;

1.17 Broadcasters in general agreed that it was unlikely that many sign language users watched sign-interpreted programming on low audience channels, though some argued that Ofcom had not made the case that change was appropriate. Many were attracted to the idea of contributing to a sign zone on the Community Channel. But most wanted this to be a voluntary alternative to sign-interpretation. Few of them liked the idea of providing sign-presented programmes on their own channels; most felt that the costs had been under-estimated and would be disproportionate to the benefits and that it was unreasonable to require that it be shown between 7am and 11pm. Some broadcasters felt that low audience channels should not to have to do any signing.

1.18 Ofcom's response to these and other points made by consultees is set out in more detail in section 4 and Annex 1.

1.19 As regards the key points made by deaf groups, we agree that a sign zone on the Community Channel could provide a suitable alternative to sign-presented programming on individual channel. However, Ofcom is not in a position to mandate governance arrangements that would give deaf people control over funding for such a zone. Ofcom is also ready to consider other arrangements that may be proposed by broadcasters in lieu of imposing Ofcom’s alternative requirements on them. We do not believe that the amount of subtitling on television should be significantly affected by the new arrangements, but we shall review the results in the light of experience.

1.20 In relation to the points made by broadcasters, Ofcom believes that it has demonstrated that very few hearing-impaired sign language users benefit from sign-interpretation on low audience channels. Thus, in terms of the criteria set out in the Communications Act, continuation of these arrangements is not justified. We have considered whether low audience channels should be exempted altogether, but have concluded for the reasons set out in section 4 that they should provide a small amount of sign-presented programming between 7am and 11pm. In reaching this decision, Ofcom has taken account of the strong desire of deaf groups for more sign-presented programming, and is satisfied that the provision of such programming on low audience channels would be more beneficial than the current arrangements. We agree that it is important not to impose disproportionate burdens on broadcasters, but do not agree that the cost assumptions Ofcom has adopted are unreasonable. We consider that continuing to apply the expenditure limit of 1% of relevant turnover as the maximum share that broadcasters should spend on the provision of the different types of access services will help to prevent disproportionate burdens being placed on broadcasters; as now, broadcasters which in Ofcom's judgement would exceed this limit will be subject to reduced obligations or exempted altogether.

Ofcom's decisions

1.21 Ofcom has decided, with effect from 1 January 2009:

to exclude channels with an audience share of between 0.05% and 1% other than public service channels from obligations to meet the signing targets set out in the Code on Television Access Services;
to require excluded channels to transmit a minimum of 30 minutes of sign-presented programming each month between 7am and 11pm. This amount will be kept under review;
to apply (a) and (b) flexibly in the light of criteria set out in section 303(8) of the Act, which enable it to take account of matters such as the benefits to deaf people. For instance, this would enable Ofcom to require a news channel with an audience share of just less than 1% to continue providing sign-interpretation if it was satisfied this would be better for deaf people using sign language. Equally, it would enable Ofcom to require a film channel with an audience share just above 1% to discontinue providing sign-interpretation if it was satisfied that deaf people would benefit more from sign-presented programmes on the channel;
not to impose the requirements in (b) above if it is satisfied that alternative arrangements proposed by broadcasters would be likely to provide better assistance for deaf people using sign language, such that the requirements under (b) need not be imposed. Ofcom has set out guidance for broadcasters on the matters it would take account in determining whether alternative arrangements are acceptable (see Annex 3).

1.22 Ofcom has amended the Code on Television Access Services as shown in Annex 2 to give effect to these decisions. It will carry out a review in the light of experience of the new arrangements, with the aim of enabling any changes that may be appropriate to be implemented at or before digital switchover.

Structure of this document

1.23 Section 2 sets out the legal framework for provisions on signing on television. The background to Ofcom’s consultation and the proposals consulted on are set out in section 3. The responses to Ofcom’s consultation together with our assessment of the points raised are summarised in section 4, with a more detailed summary in Annex 1. Section 5 sets out Ofcom’s decisions in full. Annex 2 shows the changes that are to be made to the Code on Television Access Services and Annex 3 provides guidance to broadcasters of low audience channels on the arrangements for signing that will come into force with effect from 1 January 2009.

New arrangements for signing on some TV channels
Plain English Summary
Signing on Television - Statement [pdf]
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