Television channels required to provide television access services in 2019

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Television channels required to provide television access services in 2019 Statement: Publication Date: 4 July 2018

About this document This document explains which TV channels licensed by Ofcom are required to provide access services (subtitles, signing and audio description) on a proportion of their programming in 2019. Access services are intended to help people with sensory impairments to understand and enjoy TV programmes. The channels required to provide access services include domestic channels broadcast within the UK and some non-domestic channels broadcast within certain Member States of the European Union. In 2019, 86 domestic channels will be required to provide access services, and 29 non-domestic channels across seven different member states of the European Union will be required to provide access services. Statement: Publication Date: 4 July 2018

1. Statement 1.1 The Communications Act 2003 ( the Act ) required Ofcom to publish a code setting out the obligations of television channels licensed in the UK to provide television access services. Following consultation, Ofcom published the Ofcom Code on Television Access Services ( the Code ) in July 2004, together with an explanatory statement setting out the channels that would be required to provide such services in the following year. A copy of the current version of the Code, incorporating amendments made since the Code was first published, can be found at https://www.ofcom.org.uk/ data/assets/pdf_file/0020/97040/accessservice-code-jan-2017.pdf. 1.2 The Code also provides for a mid-year review of the audience share and revenues of UKlicensed television channels, based on data for the previous year. The purposes of the review are to establish whether, in the next calendar year, channels should be: a) required to provide television access services; b) required to meet a different level of provision; or c) excluded from the requirement to provide television access services. 1.3 The statutory targets for broadcasters are expressed as percentages of the service. They rise from a low level to the ten-year targets prescribed by the Act, that is 80% for subtitling, 5% for signing and 10% for audio description. In the case of Channel 3 (ITV and ST) and Channel 4, the relevant target for subtitling is 90% and for BBC channels (excluding BBC Parliament, which is exempted on audience share grounds) it is 100% 1. 1.4 Ofcom has used the cost of providing access services to calculate three levels of provision we apply to relevant channels: a) Level One equates to the full current annual targets for subtitling, signing and audio description, as well as any alternative requirements; b) Level Two equates to 66% of the current annual target for subtitling, as well as 100% of the targets for signing and audio description, and any alternative requirements; and c) Level Three equates to 33% of the current annual target for subtitling, as well as 100% of the targets for signing and audio description and any alternative requirements. 1.5 For channels broadcasting within the UK ( domestic channels ), data collected from broadcasters in early 2018 was used by Ofcom to assess whether broadcasters can afford to meet their access service obligations by spending no more than 1% of their relevant turnover. 1.6 For channels broadcasting in other Member States of the European Union ( non-domestic channels ), Ofcom previously collected data from broadcasters in early 2017. This data has been used to generate country-specific estimates of the different costs incurred for the 1 Under the BBC Charter and Agreement, Ofcom has specific duties relating to access services on BBC television and on demand services. 1

provision of access services. Ofcom then used these estimates to determine which nondomestic channels can afford to provide access services from 2019. Domestic TV Services 1.7 The list of domestic channels required to provide access services in 2019 is at Annex 1. In brief: a) 86 channels will be required to provide television access services in 2019; b) 81 channels will be required to provide access services at Level One during 2019, four channels will be required to provide access services at Level Two and one will be required to provide access services at Level Three. Subtitling targets are now the highest required under the Code (80%) for most channels, with audio description at the maximum level of 10% for most; and c) over 50 time-shifted services (e.g. ITV2 + 1) and simulcast HD services (e.g. Channel 4 HD) are also required to provide access services. 1.8 The statutory target for audio description is 10% from the tenth anniversary of the relevant date (normally the date on which a channel started broadcasting). Four broadcasters the BBC, ITV, Channel 4 and Sky have committed to audio describing at least 20% of their content on most of their channels (excluding sports channels in the case of Sky). 1.9 Finally, the statutory target for sign-interpreted programming is 5% from the tenth anniversary of the relevant date. Channels with a smaller audience share (i.e. an audience share between the audience share and signing thresholds set out in Annex 2 to the Code of Television Access Services) are excluded from the requirement to provide sign interpreted programming. Instead they are required to either: a) provide a minimum amount of sign-presented programming between 7am and 11pm every month, subject to the targets shown in the first row of Table A below and to transitional arrangements as shown in Table B; or b) pay a minimum annual contribution towards alternative signing arrangements approved by Ofcom as set out in Table A below and subject to transitional arrangements as shown in Table B. Table A: Signing obligations for channels with smaller audience shares Signing obligations for channels with smaller audience shares 2

(These channels should show at least the amount of sign-presented content set out below unless Ofcom has approved alternative arrangements) Anniversary of relevant date Sign-presented content (monthly) Minimum annual contribution towards alternative arrangements 2 First 30 25,338 Second 30 25,338 Third 30 25,338 Fourth 30 25,338 Fifth 45 38,059 Sixth 45 38,059 Seventh 60 50,779 Eighth 60 50,779 Ninth 60 50,779 Tenth 75 63,499 Table B: Transitional arrangements (for relevant channels that reached the fourth (or later) anniversary of their relevant date by 1 January 2016) Year 2016 2017 2018 2019 3 2020 2021 2022 Minimum monthly sign-presentation obligations Minimum annual contributions to alternative arrangements 30 35 45 50 60 65 75 24,500 28,600 37,058 42,298 50,779 55,018 63,499 2 Ofcom has adjusted these figures to reflect the Consumer Price Index in 2017 being recorded at 2.7% (https://www.ons.gov.uk/economy/inflationandpriceindices/timeseries/d7g7). We will again review and, if necessary, update the minimum contribution levels when we publish the annual list of channels required to provide television access services in 2019. 3 Ibid. 3

Non-domestic TV Services 1.10 The list of non-domestic channels required to provide access services in 2019 is at Annex 2. In brief: a) 29 non-domestic channels will be required to provide television access services in 2019. The channels required to provide access services in 2019 are broadcast in seven Member States of the European Union; b) 26 non-domestic channels will be required to provide access services at Level One, two channels will provide access services at Level Two and one channel will provide access services at Level Three; and c) Ofcom assessed whether any channels outside the European Union to which the Audio Visual Media Services Directive 4 applies should be given a requirement to provide access services in 2019. No such channels have been given a requirement as none met the audience share and affordability criteria. 4 https://eur-lex.europa.eu/legal-content/en/all/?uri=celex:32010l0013 4

A1. Domestic channels required to provide access services in 2019 Level One (full requirements) (81 channels as compared with 80 in 2018) BBC One MTV Music Sky Living 5 BBC Two Comedy Central Sky Real Lives BBC Four Comedy Central Extra Sky Arts BBC News Sky Atlantic Challenge CBBC Sky News Dave CBeebies Sky One Eden ITV (incl. STV services) Sky Two W ITV2 Pick Yesterday ITV3 Sky Sports Main Event Alibi ITV4 Sky Sports Premier League Good Food ITVBe Sky Sports Football Home CITV Sky Sports Cricket Gold Channel 4 Sky Sports Golf Really 4seven Sky Sports Action Drama E4 Sky Sports Mix Disney Channel More 4 Sky Sports F1 Disney Junior Film 4 Sky Sports News Disney XD Channel 5 Sky Cinema Premiere BT Sport 1 5Star Sky Cinema Comedy BT Sport 2 5USA Sky Cinema Action BT Sport 3 5Select Sky Cinema Family Universal 5Spike Sky Cinema Sci Fi & Horror 4Music Nickelodeon Sky Cinema Greats Discovery Nicktoons Sky Cinema Drama & Romance Quest Nick Jr. Sky Cinema Hits Animal Planet Nick Jr Too Sky Cinema Thriller TLC MTV Sky Cinema Disney Fox Level Two (full requirements for signing and audio description; 66% of subtitling) (Four channels as compared with four in 2018) Boomerang Cartoon Network S4C CBS Reality Level Three (full requirements for signing and audio description; 33% of subtitling) (One channels as compared with zero in 2018) National Geographic 5 On 6 August 2018, Sky Living is being rebranded as Sky Witness. 5

A2. Non-domestic channels required to provide access services in 2019 Level One (full requirements) (26 channels, compared to 27 in 2018) EU Member State Channel Denmark Kanal 4 Kanal 5 6 eren 3+ TV3 TV3 Puls Republic of Ireland* BBC One BBC Two Channel 4 Sky1 Netherlands Discovery Channel Investigation Discovery TLC Poland* Animal Planet HD Discovery Channel Discovery Science Investigation Discovery TLC Sweden Discovery Channel Kanal 5 Kanal 9 Kanal 11 TV3 TV6 TV8 TV10 Level Two (full requirements for signing and audio description; 66% of subtitling) (Two channels, compared with two in 2018) EU Member State Channel France Disney Cinema Poland* AXN 6

Level Three (full requirements for signing and audio description; 33% of subtitling) (One channel, compared with one in 2018) EU Member State Channel Italy Discovery Channel * Indicates countries where TV platforms do not generally support the provision of audio description and channels are typically exempt from the relevant requirement. 7