Over to the Regulators

Speech given at e-Accessibility Conference 2005

Date: 21/10/2005
Venue: Landmark Hotel, London, UK

Title Slide <PPT1>

The EU Communication on e-Accessibility (Final 425) only makes three references to broadcasting accessibility (subtitling, signing and audio description). Here is the first and most substantive reference which is startling in its naiveté:

425 Final Broadcasting Quote

<PPT2>

In the near future, examples of new technologies where accessibility aspects must be considered early include: digital television: e.g. regarding standards and compatibility as well as design of services and hardware".

Officials have since explained that what this means is that very soon the use of these technologies will be widespread enough to justify concern; but this completely misses the point in the same document about Design For All at the inception stage.

There is a second reference which says that the European Parliament wishes to extend accessibility monitoring from the Internet (where it currently does not take place) to television; and a third reference floats the idea of applying existing legislation to the accessibility of broadcasting. For the record, there is no reference to radio which itself presents an emerging accessibility agenda.

Like the Television Without Frontiers Directive, this Communication was Drafted without reference to broadcasters or broadcasting regulators. Further, it is not that the Commission overlooked key broadcasting issues, it actually deleted them from the two key feeder reports [1] [2] for this document.

As far as I can see, there is now only one way forward for accessible broadcasting in Europe and that is to accept that the prospect of legislation is dead and that we will have to turn to regulators in a three-part sequential strategy:

Accessible Broadcasting Strategy

<PPT 2>

Establish a common European regulatory framework on accessibility
Use the framework to establish technical and access standards
Use the standards and the access requirements to create a market in accessibility goods and services.

Some notes on these three ideas:

Regulatory Framework

<PPT 3>

Broadcasting in the short term will still be regulated. Even when it migrates from spectrum to IP there will be a strong citizen call and political will to regulate any broadcasting which relies on direct or indirect public subsidy; and there will still be a strong case for regulating market leaders who present mixed offers unless labelling greatly improves. The accessibility sector must grasp this vital but rather narrow window to make its pan European case.
Regulators can learn from each other. As they have a great deal more flexibility than Governments, regulators should take the opportunity to work together; the European Regulators Group is being chaired next year by Kip Meek of Ofcom who can share the UK experience.
Regulators can make deals. For the next few years it will still be possible for regulators to use their leverage; but this will decline even if there is some regulation of TV over IP.

Technical and Access Standards

<PPT 4>

Common technical standards to deliver accessibility will be needed to avoid a fragmented market; there is no point making regulations that the market cannot implement.
Standards must be end-to-end in order to avoid the problem of creators making accessible content that cannot be received.
Regulators should establish minimum accessibility delivery, in numbers of hours and types of service, based on channel market share, to that users and suppliers will know that the market is worthwhile.

Create A Market

<PPT 5>

The EU has no powers to legislate a market so this must be created by common technical standards
Public Service Broadcasters have a key role in establishing standards and agreeing them within a European framework
Legislators can stipulate accessibility in public broadcasting which will be a major driver in creating a market.

The key driver in the accessibility market will be digital switchover; and because broadcasting has a history of public service it will need to raise the standard of other digital providers to create a level playing field in accessibility between itself, for example, and web and DVD publishing.

I am therefore proposing to establish a European Centre for Accessible Media with broadcasting as its locomotive to:

ECAM

<PPT 6>

The purpose of ECAM is to:

Use television as the driving force to achieve common, accessible digital information standards
Create an environment where digital broadcasters and publishers can learn from one another
Create a forum for disabled people, broadcasters and publishers, industry and academics.

The BBC and the DCMS have already agreed to support this strategy. Without it I see no prospect of widening and deepening access in a European context capable of driving the market. To seek legislative solutions outside a broad statement of ends, as opposed to means, is simply nostalgic.

[1] Incom - Report from InCom subgroup. COCOM 04-08 January 2004 http://forum.europa.eu.int/irc/DownLoad/k4eGA8JAmjGHclh1DU-6ZFFzIXT2tTmGzX5L_0I3gjuU-SHXZ-pP74mUmAxcL1kDZzNeUsgFZ/COCOM04-08%20INCOM%20subgroup.pdf [accessed 25/08/05]

[2] ESDIS - Delivering e-Accessibility. Improving disabled peoples’ access to the Knowledge Society . SEC (2002) 1039 http://europa.eu.int/comm/employment_social/knowledge_society/eacc_en.pdf [accessed 25/08/05]

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