ELIZA VARNEY

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The Protection of Age and Disability Rights in
the Regulation of Digital Television

• ELIZA VARNEY
• Keele University
• e.varney_at_law.keele.ac.uk
• SLS Conference
• Media and Communications Section
• LSE, 17-18 September 2008

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Introduction

• This paper questions the extent to which the
  regulatory framework electronic communications in
  the EU safeguards the rights of elderly people
  and disabled people in the DTV sector.
• Part one age and disability rights of access to
  DTV
• Technological advances which facilitate equality
  of access
• Barriers faced by elderly people and disabled
  people when accessing DTV.
• Part two protection of age and disability
  rights in the regulation of DTV in the EU
• The i2010 Framework and the Provisions on
  eAccessibility
• The review of the regulatory framework for
  electronic communications and services (ECNS)
• The AVMS Directive
• Part three calls for increased EU-level
  coordination for the protection of age and
  disability rights in DTV

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I. Age and Disability Rights of Access to DTV

• Technological advances have the potential to
  bring particular benefits for elderly people and
  disabled people.
• eAccessibility solutions include
• eAccessibility services (e.g. audio description,
  text captions and sign language)
• measures which ensure that the transmission
  channels have the capacity to carry
  eAccessibility services (e.g. must carry
  obligations)
• appropriate terminal equipment which enable the
  reception of eAccessibility services (e.g. STB)
• (Measuring Progress of eAccessibility in Europe
  (MeAC) (2007) Assessment of the Status of
  eAccessibility in Europe Main Report)
•  
• Unfortunately, elderly people and disabled people
  are still facing considerable barriers when
  accessing DTV
• Negative impact on the ability of disabled people
  and elderly people to access information and to
  participate effectively in society.
• Risk of social exclusion (COM(2007)332, 5)

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II. Protection of Age and Disability Rights in
the Regulation of DTV in the EU

• The i2010 Framework and the Provisions on
  eAccessibility
• The protection of age and disability rights in
  the regulation of ICT one of the priority
  policies of the i2010 initiative put forward by
  the Commission (COM(2005)229)
• Despite this initiative, the MeAC report reveals
  that there is limited progress in the EU in
  ensuring eAccessibility (MeAC, 2007, 4)
• eAccessibility deficit
• eAccessibility gap
• eAccessibility patchwork of policies
• The discrepancies between Member States on
  eAccessibility measures lead to market
  fragmentation, as market players are faced with
  different eAccessibility regulations across the
  EU (MeAC, 2007, 11)
• Negative impact on the single market
  (COM(2008)199, 6)
• MeAC report stresses the importance of
  coordinated policies at the EU level (MeAC, 2007,
  12)

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• The Review of the Regulatory framework for
  eCommunications
• The current regulatory framework for electronic
  communication networks and services (ECNS) and
  the ECNS review
•  
• Focus
• Limitations regarding Article 31, Universal
  Service Directive on must carry obligations
• Insufficient protection of citizenship concerns
  in the regulation of bottleneck facilities (APIs,
  EPGs and CASs)
• Ineffective provisions on interoperability.
• Reference to elderly people and disabled people
  as users rather than citizens.
• Predominantly economic focus, which concentrates
  on ways to strengthen the internal market and
  does not prioritise citizenship interests over
  market interests.
• All these have a negative impact on the ability
  of elderly people and disabled people to access
  effectively eAccessibility services in the DTV
  sector.

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• The AVMS Directive
• References to accessibility provisions under
  Article 3(c) AVMS
• Facilitates access of people with visual or
  hearing disabilities to audiovisual media
  services.
• Requires MS to encourage media service providers
  under their jurisdiction to ensure that their
  services are gradually made accessible to people
  with a visual or hearing disability.
• Recital 64 the provision of accessible
  audiovisual media services is inextricably
  linked with the participation and integration of
  elderly people and disabled people in the social
  and cultural life of the Community, and the means
  to achieve accessibility include, inter alia,
  sign language, subtitling, audio-description and
  easily understandable menu navigations.
•  
• Article 3(c) AVMS is not going far enough in
  safeguarding the interests of disabled people in
  the audiovisual sector.
• Fails to recognise the sense of urgency in the
  need for effective accessibility solutions in the
  communications sector and fails to set any
  specific targets for achieving the accessibility
  objectives (MeAC, 13)
• Limited to merely encouraging market players to
  respond to the accessibility needs of disabled
  people, leaving too much discretion in the hands
  of the industry (MeAC, 13)

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III. Calls for Increased EU-level Coordination
for the protection of Age and Disability Rights
in DTV

• The regulation of the communications sector in
  the EU is not going far enough in protecting the
  interests of elderly people and disabled people
  as citizens.
• Competence concerns.
• Subsidiarity concerns.
• A poor definition of citizenship in the EU
  context
•  
• Calls for the adoption of a Directive which
  combats age and disability discrimination in
  access to goods and services, including in the
  communications sector (MeAC, 114)
•  
• The adoption of more effective provisions at EU
  level ensuring the access of elderly people and
  disabled people to DTV will depend on a number of
  factors
• Willingness of the EU to adopt eAccessibility
  provisions focused on citizenship values
• Competence and subsidiarity concerns that could
  potentially be raised by MS
• Objectives likely to be raised by commercial
  players regarding the costs of these
  eAccessibility measures.

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IV. Conclusion

• This paper aimed to emphasise that
• the interests of elderly people and disabled
  people must be protected in all areas of life,
  including access to DTV, and that
• the existence of effective legislative provisions
  at EU level can play a crucial role in overcoming
  barriers and in achieving social change.
• Important steps have already been taken at EU
  level to facilitate eAccessibility in ICT
  (COM(2005)425). However, more needs to be done
  to address the barriers faced by elderly and
  disabled people in the DTV sector.
• Is the EU is truly committed to strengthen the
  social dimension of the ECNS and to protect the
  public as citizens?