Human Rights for All Trust

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1 Human Rights for All Trust Telephone: Submission to: Government Administration Committee Inquiry into Captioning in New Zealand Committee Secretariat Government Administration Parliament Buildings WELLINGTON By to: We would also appreciate the opportunity to deliver our submission verbally to the Committee, thank you. Page 1 of 6

2 HRFA captioning submission 1. What is the Human Rights for All Trust? HRFA was established in March 2015 by the Chief Executives of The National Foundation for the Deaf, Autism New Zealand and the Muscular Dystrophy Association NZ to provide an alternative shadow reporting process for the New Zealand disability sector, to the United Nations (UN) Committee on the Rights of Persons with Disabilities. Our vision is that all New Zealanders with disabilities, which includes those with any type of hearing loss, will benefit from New Zealand being fully compliant with the UN Convention on the Rights of Persons with Disabilities (CRPD). One of HRFA s strategies is to contribute to forums for improving NZ s compliance with the Convention and recommend actions addressing areas of noncompliance, hence this submission. 2. United Nations Convention on the Rights of Persons with Disabilities application in New Zealand The New Zealand Government was a key driver behind the development of the CRPD and has signed and ratified it. It has been enacted into New Zealand law through various statues including the Bill of Rights Act Accordingly, as a country we are obliged to apply the tenets of this important Convention. 3. Access through Captioning for the Deaf community and Hard of Hearing sector HRFA notes that New Zealand s rate of television broadcasting captioning on free-toair channels is less than 25% for new material (e.g. non-repeats) over a 24 hour period. This compares poorly to the rates of access through captioning seen in Australia, the United States and United Kingdom. 4. Failure by the NZ Government to uphold the CRPD Though the CRPD applies equally to all people with all disabilities all of the time, we believe that the current situation in regards to the lack of broadcast captioning Page 2 of 6

3 represents specific non-compliance with the Convention in a number of areas as follows. 4.1 CRPD CRPD Preamble (v) pp The CRPD recognises the importance of accessibility to the physical, social, economic and cultural environment and to information and communication in enabling persons with disabilities to fully enjoy all human rights and fundamental freedoms. We submit that in today s technologically connected digital world that broadcast media is both a significant portal to the social and cultural environment and a major means of communication and imparting of information. The paucity of captioning in New Zealand results in people with hearing loss being discriminated against, isolated and marginalised from society. This compromises their ability to fully enjoy their human rights and fundamental freedoms in comparison with New Zealand citizens who do not have hearing loss. CRPD Preamble (y) The paucity of captioning most certainly compromises the participation in the civil, political, economic, social and cultural spheres of New Zealanders who have hearing loss. CRPD Article 9 State parties to the CRPD and therefore the New Zealand Government are required to ensure appropriate measures are in place to enable people with disabilities to live independently and participate fully in all aspects of life. This includes ensuring people with disabilities have equality of access to information and communications, and taking measures which identify and eliminate obstacles and barriers to such accessibility. Page 3 of 6

4 The HRFA submits that the paucity of captioning represents a breach of the New Zealand government s obligations under Article 9. We are particularly concerned about the risk of New Zealanders being denied access to basic information such as news bulletins during states of civil emergency as happened in the recent Seddon earthquakes. CRPD Article 30 State parties to the CRPD and therefore the New Zealand Government are required to ensure people who have disabilities are able to participate in cultural life, recreation, leisure and sports. This includes as per Article 30, 1 (a) the right to [e]njoy access to cultural materials in accessible formats; [1 (b) to] [e]njoy access to television programmes, films, theatre and other cultural activities, in accessible formats; [1 (c) and] [e]njoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance 1. The HRFA submits that the paucity of captioning represents a breach of the New Zealand government s obligations under Article HRFA Recommendations Recommendation One We recommend that all types of media broadcasts, including television free-toair and subscription channels and on-demand services, cinema movies, videoon-demand, subscription-on-demand, music videos and live theatre performances be required to display high quality captioning 100% of the time. Recommendation Two We recommend that a captioning watchdog be appointed, in conjunction with the New Zealand Relay Service, to ensure a comprehensive overview of all 1 Page 4 of 6

5 captioning services including broadcast, telephony, performance and educational. We note that [i]n a first for any major video on-demand service in the world, the BBC has begun trialling subtitles for live channels on BBC iplayer. To date, subtitles have only been available for on-demand programmes. The trial, currently available on PC and Mac computers will allow deaf and hearing-impaired viewers to watch more BBC TV programmes wherever and whenever they want. The BBC will test and improve the feature over the coming months before it is rolled out to BBC iplayer s app for mobiles and tablets 2 As can be seen in the UK, technology is marching ahead and we recommend that the watchdog be charged with ensuring New Zealand remains current in their application of captioning technology. Recommendation Three That it be the responsibility of the watchdog to develop a code of compliance for media broadcast captioning similar to that developed by the Office of Communications (OfCom) in the United Kingdom which includes requirements for captioning service delivery quality. Recommendation Four That the concept of progressive realisation as defined in the CRPD be implemented by the watchdog to ensure the roll-out of captioning across all types of broadcast media is done within a schedule and in consultation with the Deaf community and Hard of Hearing sector. 6. Conclusion Based on the UK Action on Hearing Loss prevalence reporting rate of one in six people having some type of hearing loss, adoption of these recommendations have the potential to improve the lives through enhanced community 2 BBC-iPlayer-in-world-first Page 5 of 6

6 accessibility and the significant reduction of social marginalisation of many thousands of New Zealanders. Page 6 of 6

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