Reporting on 2012-13 annual compliance (captioning) under section 130ZZC of the Broadcasting Services Act 1992—subscription television licensees
In monitoring compliance with the captioning obligations under Part 9D of the Broadcasting Services Act 1992 (the BSA), the ACMA receives reports from all subscription television licensees on their compliance for a financial year. The ACMA is required by subsection 130ZZC(7) of the BSA to publish these annual compliance reports, which can be accessed by clicking on the relevant links in the table below.
The 2012-13 financial year was the first year of operation of Part 9D of the BSA, which increased captioning obligations on subscription television licensees.
2012-13 compliance summary and ACMA approach
Approximately 99 per cent of subscription television services reported that they had met their annual captioning target requirement for 2012-13. During the year, there were captioning services on 394 subscription television services (or 80 distinct subscription television channels as the same channels provided by different licensees are regarded as different services under the captioning legislation). One in four (25%) of those captioned services (involving 37 distinct channels) exceeded their annual captioning target by over 20 per cent. Please click here to view the level of captioning provided on subscription television channels/services in 2012-13.
All subscription television channels/services complied with requirements about emergency warnings broadcast on request of emergency service agencies. Those emergency warnings must be transmitted in the form of text, speech and if reasonably practicable to do so, with captioning.
However, licensees’ annual captioning compliance reports also indicate a few early implementation problems in 2012-13:
- Six services/channels failed to meet the annual captioning target. Consequently, the three licensees concerned breached the annual captioning target requirement in relation to those services/channels.
- Another 44 services (involving nine distinct channels) failed to provide captioning for television programs which had previously been transmitted with captions and then repeated on the same service or another subscription television service provided by the licensee (section 130ZZ of the BSA). Consequently, the five licensees concerned breached the repeat captioning requirement in relation to those services/channels.
- A further five services (involving one channel) failed to provide captioning for simultaneously transmitted programs whereby programs transmitted on a subscription television service have to be captioned if the programs are simultaneously transmitted, with captions, on another subscription television service provided by the licensee (section 130ZZAA of the BSA). Consequently, the five licensees concerned breached the simulcast captioning requirement.
Please click here to view further details of the above breaches and action taken by licensees towards preventing similar breaches happening again.
The ACMA has taken an educative approach to breaches of the captioning annual compliance obligations during the first year of implementation in 2012-13. This is consistent with the approach previously adopted by the ACMA in the first year following the introduction of other new broadcasting regulations.
2012-13 annual captioning compliance reports from subscription television licensees