Reporting on 2015–16 annual compliance (captioning) under section 130ZZC of the Broadcasting Services Act 1992—subscription television licensees
As part of the television captioning obligations under Part 9D of the Broadcasting Services Act 1992 (the BSA), all subscription television broadcasting licensees and narrowcasting licensees (subscription television licensees) are required to submit an annual report to the ACMA on their compliance for each financial year. Under subsection 130ZZC(7) of the BSA, the ACMA is required to publish these annual compliance reports on its website.
The ACMA has received annual captioning compliance reports for the 2015–16 financial year from nine subscription television licensees for 655 subscription television services in total. The same channel being provided by different licensees is regarded as the provision of different services under the captioning legislation.
2015–16 compliance summary
Subscription television licensees achieved a high level of compliance with their captioning target requirements for 2015–16. According to the licensees’ reports, in 2015–16:
The annual captioning targets for subscription television services vary by genre and category. The target for each category generally increases by five per cent each year, until the target reaches 100 per cent. For 2015–16, the captioning targets for subscription television services ranged from 10 per cent (of total broadcast time over the year) for music services to 80 per cent for Category A movie services.
View the levels of captioning provided on subscription television services in 2015–16 (in order of service name).
Breaches and steps taken to address breaches
Subscription television licensees’ annual reports indicate that the following four services did not meet the captioning targets for 2015–16:
- Three services did not meet their captioning targets because of procedural and administrative errors. The subscription television licensees reported that they had improved their processes and procedures to prevent similar breaches from recurring.
- Another service was four per cent under the 50 per cent captioning target for the service because of difficulties in sourcing enough caption files, due to the channel being launched later than anticipated. The subscription television licensee reported that its channel provider has invested in acquiring and creating additional caption files for the channel to ensure that the channel will meet the relevant 2016–17 captioning target.
The ACMA has decided not to take enforcement action regarding these self-reported breaches, taking into account the nature and circumstances of the breaches and the steps taken by relevant subscription television licensees to prevent similar issues recurring. This is consistent with the ACMA’s compliance and enforcement approach—a graduated and strategic risk-based approach that generally uses the minimum power or intervention necessary to achieve the desired result.
2015–16 annual captioning compliance reports from subscription television licensees