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The accessibility of the programs

For the deaf or deaf people: subtitling

For the deaf or deaf people: subtitling

Legal framework

Applicable texts

Obligations envisaged by the law

Law n° 86-1067 of September 30th, 1986: 
 

  • The 5° (a) of article 28 (television services authorized into hertzian terrestrial) and the I of article 33-1 (other television services) lay out that the Superior council of audio-visual integrates in conventions of the private TV channels the relative tendencies into the accessibility of the programs into the deaf or deaf people.
  • The law provides that the chains whose audience annual average is higher than 2,5% of the total audience of the television services make available totality from their programs (starting from February 12th, 2010), except for the advertisements.
  • For the services of television whose audience is lower than 2.5%, a convention concluded with the CSA fixes the proportions of accessible programs.
  • For the chains of the public service, article 53 indicates that the device is specified by the contract of objectives and means.
  • Article 81 forces the Superior council of audio-visual to consult each year the National advisory council of the handicapped people (CNCPH) on measures which he takes. He submits a report to him each year.
  • Article 34-2 paragraph III provides that “any distributor of services places free at the disposal of the public the services intended for the deaf or deaf people and with the blind people or malvoyantes associated with the programs of the television services which he offers. The technical provisions necessary are with its load “.

Law n° 2009-258 of March 5th, 2009 : article 54 lays out “Before December 31st, 2011, the Superior council of audio-visual submits to the Parliament a report which gives an account of the efforts carried out by the editors of departments of communication audio-visual audiodescription subtitling of the programs as well as measurements adapted to improve the accessibility of the programs for the blind people or malvoyantes and the deaf or deaf people”. Cf Report submitted to the Parliament on January 6th, 2012.

Council Decisions

For the chains whose audience is lower than 2,5%, the Council determined the proportion of the programs having to be accessible (40% for the authorized hertzian chains and 20% for the other TV channels) according to the audience from the chain, its nature, its mode of diffusion and its turnover, with rises in charge of the obligations in certain cases.

The Council endeavoured to reconcile the legitimate requests of the deaf or deaf people with the difficulties of the editors by suggesting solutions innovating for certain chains:

  • For the three chains of information of the DVB, the Council asked the setting the antenna of three subtitled tv news and a tv news translated into language of the signs of the Monday to Friday and of four subtitled tv news the weekend and bank holidays, with distribution of the schedules of diffusion between the three chains.
  • For the chains addressing itself to the children from 3 to 6 years (diffused on the cable), the obligation of subtitling is replaced by the obligation to diffuse an emission of training of the French language of the signs (LSF) starting from 2010 and an emission of the grid translated into French language of the signs starting from 2011. Emissions relating to the universe of the deaf or deaf people will be also diffused on Gulli and Canal J.
  • For the chains of sport, the Council determined a number of hours or matches to be subtitled or the translation in language of signs (LSF) of a magazine of information.
  • For the chains whose turnover lies between 3 and 7 M€, the percentage to be subtitled is tiny room to 10%.

The results got by the Council were greeted by representative associations with which the Council maintains the trustful and constructive relations.

The Council will have to also be concerned with quality of subtitling, in particular for the programs broadcast live for which difficulties can appear.

Exemptions from the obligation of adapted subtitling

Exemptions envisaged by the law

  • Advertisements
  • The multilingual services whose capital and rights to vote are held to a total value of at least 80% by public broadcasters resulting from States of the Council of Europe and whose share of the capital and rights to vote held by one of the companies mentioned in article 44 is at least equal to 20% (Euronews)
  • Television services with local vocation: convention can envisage a lightening of the obligations of adaptation.

Exemptions envisaged by the Council

  • Mentions of sponsorship
  • Songs interpreted live
  • Trailers
  • Sporting events broadcast live between midnight and 6 hours of the morning
  • Chains of pay-per-view
  • Temporary chains
  • Armchair shopping
  • The chains whose turnover is lower than 3 M€

For the deaf or deaf people: subtitling

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