[vicsireland] Re: Review of Broadcasting Access Rules

  • From: RobbieS <robbiesin@xxxxxxxxx>
  • To: vicsireland@xxxxxxxxxxxxx
  • Date: Thu, 29 Dec 2011 21:20:34 +0000

Hi Gerry j(& Gerry),

Interesting points you make.  Certainly, the Advertising Standards angle
should be tried - anything to mount the perssure.  Ultimately, it may be
necessary to use press-releases and mount a political campaign - by
hastling your local TDs, party spokespeople etc.

I think the basic objective should be to get institutions of the state to
be compliant and accountable to the laws of that state - to hold society up
to the rhetoric by which it claims to measure itself (its laws).

For instance, BLA recommends anyone who can to seek an injunction from the
courts to prevent the turning off of the terestrial transmitters in 2012 on
the basis that in return for paying the same license-fee as everyone else,
a vip will be given a much reduced service.

We know from experience that we just get one door half-open only for
another one to be slammed shut.  I encounter new issues of safety and
law-beraking every day, and because I don't have the time, I can't pursue
most of them.

This work of course, also takes energy, patience, resources and expertise.
We all have our lives to lead, and it is unjust that we are expected fo
fight everything as individuals on a case by case basis (the NCBI's
preference).

We need a legal resource which can collate individual concerns and bring
legal expertise to bear in a rigourous and systematic way against the
offending bodies.  For this, would be needed voluntary solicitors willing
to specialise in legal issues as they relate to us (not just the Disability
Act).

On more than one occasion, a government body has told me that if I think
they are breaking the law, it is up to me to get legal advice - something I
cannot afford.  The only language they seem to understand is one of legal
compulsion, but only if enforced.

Otherwise, the outlook in times of cut-backs is for us who care to be
perpetually running to stay still or go backwards.

With no prospect of this legal cavalry in sight, I urge each and everyone
to do what they can when they can to stand up for their *rights*.

Sorry mods if this has gone a bit off techie issues, but it may be worth
considering strategies to prevent a digital divide when I.T. gives us so
much potential for equality.

Regards,

Robbie

On Thu, Dec 29, 2011 at 4:39 PM, GERARD SHANAHAN <gershan@xxxxxx> wrote:

> **
> Robbie, re-reading your emails has provoked another thought linked to the
> thoughtful phrase with which Gerry Ellis, my old comrade finishes his
> emails: "if you don't know where your going, how do you know when you get
> there", well all I can say in this case, concerning R.T.E., R.T.E.
> N.L., The B.A.I.  and Comm Reg and disability rights.  We know what we want
> accessible television and suitable technology but there are so many scare
> crow like figures in the field of wheat that we can't make out which is the
> moving target of the farmer checking his crop so we might as well add the
> Advertising Standards authority a another agency to contact and complain
> to, Why?  The soarview add uses the phrase "Accessible digital television
> for everyone" or such phraseology.  we seem to be acquiring more and more
> agencies to tackle which in the long run will defuse the momentum of any
> actions on our part, so should we just give up now and save ourselves the
> bother? Can I ask Gerry , what exactly is being achieved in the audience
> representitive group discussions?  As regards the sub titling, I can't
> directly speak about it's quality but I know that fully sighted people with
> no defective vision can find it hard to read at times due to the fact that
> the text is coloured i.e. white and the background is set on the default
> programme picture rather than a contrasting band of colour.  So as for
> example, in a Scammal programme somemonths ago, the white text had a
> background of white due to documentation on a table in the picture, Now How
> thoughtless is that!!  the producers should be made watch old subtitle
> films where the text was white on a font high background of black but that
> would be too conventional and old fashioned.  Gerry
>
> ----- Original Message -----
> *From:* RobbieS <robbiesin@xxxxxxxxx>
> *To:* vicsireland@xxxxxxxxxxxxx
> *Sent:* Thursday, December 22, 2011 1:51 PM
> *Subject:* [vicsireland] Re: Review of Broadcasting Access Rules
>
> Hi Gerry,
>
> Two proverbs come to mind:
> t's good we're trying different ways to skin a cat. &
> By their (RTÉ's) fruits, ye shall know them.
>
>
> RTÉ *admit*  they have broken the law regarding the 1% tartget by the
> 2006 Sectoral Plan; what worries me, is that their excuse for this shows
> that they are not suitably put out by this and that we can expect more such
> from them in future.  Lets hope this new BAI process is more than just a
> can-kicking exercise.
>
> 2.  In setting ou the spec for saorview, RTÉ ignored the needs of vips.
> Now, they claim changing the spec would be too expensive - all because of
> their original neglect: this denial of equal service is, of course, against
> 2005 Disability Act and Dept. of Communiunications Sectoral Plan (2006).
>
> I've found the email adderss of someone in Monaghan through which
> complaint about this can be made (Comreg); I'll have more time to fish it
> out, have a go, and post it here during the Christmas.
>
> Having said that, the person who has done most work on this for BLA has
> been Pat McCarthy, and perhaps, a swopping of recipes would be useful.  Pat
> has kindly allowed me to put his number here: 086-2714307.
>
> I'm sure, he's amenable to giving and accepting advice to or from anyone
> interested in any facet of the RTÉ thing.  He's really covered them all.
>
> Regards,
>
> Robbie
>
> Also, anyone who reads Sections 53-54 will se that thse sections seem to
> supercede Sectoral Plans, and RTÉ have ignored the lot.
>
> You can bring a horse to water....
>
>
> Robbie
>
> On Sun, Dec 18, 2011 at 12:23 AM, RobbieS <robbiesin@xxxxxxxxx> wrote:
>
>> Hi Gerry,
>>
>> Sorry to be so brief but I don't have the time to research tat the
>> moment.
>>
>> I have given hapter and verse to RTÉ in my complaints against thejm (for
>> what it's worth).
>>
>> Apart from the usual 26-38 of the Disability Act, there is also, specific
>> to RTÉ and other broadcasters, sections 53 and 54 of the same Act which
>> apply specifically to Public Sector Broadcasters.
>>
>> Either way, it is obvious - and RTÉ have admitted so - that RTÉ are in
>> breech of the Sectoral Plans to date [which I have read in full + updates]
>> - but they seem to think that only those with money behind them matter.
>>
>> Are  they right?
>>
>> Robbie
>>
>>  On Sat, Dec 17, 2011 at 11:29 PM, Gerry Ellis <
>> gerry.ellis@xxxxxxxxxxxxxxxxxx> wrote:
>>
>>>  Hi,****
>>>
>>> ****
>>>
>>> What legal obligations? RTE neither make settop boxes nor did they set
>>> down the specifications for settop boxes. RTE-NL set down the specs based
>>> on an international set of requirements, but this is separate from RTE.*
>>> ***
>>>
>>> ****
>>>
>>> If you have some legal details that would help in pursuing this issue I
>>> would love to hear about them as they may add some leverage.****
>>>
>>> ****
>>>
>>> ****
>>>
>>> Take care,****
>>>
>>> ****
>>>
>>> Gerry ellis****
>>>
>>> ****
>>>
>>> If you don’t know where you’re going,****
>>>
>>> How will you know when you get there?****
>>>
>>> ****
>>>
>>> *From:* vicsireland-bounce@xxxxxxxxxxxxx [mailto:
>>> vicsireland-bounce@xxxxxxxxxxxxx] *On Behalf Of *RobbieS
>>> *Sent:* 17 December 2011 16:55
>>> *To:* vicsireland@xxxxxxxxxxxxx
>>>
>>> *Subject:* [vicsireland] Re: Review of Broadcasting Access Rules****
>>>
>>>  ****
>>>
>>> For the record, all credit to Pat McCarthy of the Blind Legal Alliance
>>> for getting the BAI to at least go through these motions.  ****
>>>
>>> ****
>>>
>>> then, true to form in such matters, they wouldn't even inform him that
>>> they'd acceeded to his demand/request.  ****
>>>
>>> ****
>>>
>>> RTÉ have put two fingers up to the Disability Act 2005 where vips are
>>> concerned.****
>>>
>>> ****
>>>
>>> For instance, they claim that:****
>>>
>>> a). it's not parctical in terms of cost *at this late stage *to have an
>>> accessible set-top box.  Their neglect of the matter in the first place has
>>> led to this situation, but there will probably be no accountability for
>>> this flagrant breech ot their legal obligations.****
>>>
>>> ****
>>>
>>> Also, RTÉ claim that they couldn't meet the niggardly 1% target for
>>> audio-description because they couldn't find companies in ireland to do it
>>> - as if they couldn't do an in-house job if they were really serious about
>>> it.  ****
>>>
>>> ****
>>>
>>> Come to think of it, wouldn't an in-house job be cheeper, with no
>>> tendering process or profit-margin required?****
>>>
>>> ****
>>>
>>> Up the BLA,****
>>>
>>> ****
>>>
>>> Robbie****
>>>
>>> ****
>>>
>>> ****
>>>
>>> ****
>>>
>>>
>>>
>>>  ****
>>>
>>> On Thu, Dec 15, 2011 at 4:45 PM, GERARD SHANAHAN <gershan@xxxxxx> wrote:
>>> ****
>>>
>>> Mark, I'm so disappointed, talk about splitting hairsIt reminds me of a
>>> friend who hired a prosperous electrical contractor to fit a door bell:  1
>>> supervisor, 1 bell fitter and 2 men to put in 12 feet of electrical cable
>>> and connect the bell to the bell push.....No wonder nothing gets done in
>>> this country Comre, BAI, R.T.E. NETWORKS, SOARVIEW, EVERYONE IS DOING
>>> SOMETHING BUT NO ONE TAKES RESPONSIBILITY FOR NICHE PROBLEM SOLVING.
>>> Shouldn't we send a submission to comreg on accessibility of
>>> technology...This could turn into a debate and the digital change over will
>>> have taken place before we even get an acknowledgement of submission.
>>> regards confounded, confused and deluded Gerry
>>> ----- Original Message ----- From: "Mark Magennis" <
>>> Mark.magennis@xxxxxxx>
>>> To: <vicsireland@xxxxxxxxxxxxx>
>>> Sent: Thursday, December 15, 2011 10:21 AM
>>> Subject: [vicsireland] Re: Review of Broadcasting Access Rules****
>>>
>>>
>>>
>>>
>>> Gerry,
>>>
>>> Set top boxes are not covered by the access rules. The Access Rules only
>>> cover content access services - audio description, subtitling, and sign
>>> language. In fact, the BAI itself is only concerned with television
>>> content. Technical aspects of broadcasting and networks are under the remit
>>> of ComReg.
>>>
>>> Mark
>>>
>>> On 14 Dec 2011, at 21:41, GERARD SHANAHAN wrote:****
>>>
>>> Gerry, B.A.I.  have provided documentation on access for consultation on
>>> www.bai.ie/?page_id=2006 I've just downloaded them but haven't read
>>> them yet maybe other people should have a look and make submissions before
>>> closing date.  Do you know if the topic of accessible set top boxes is
>>> within the parameters?  Gerry
>>> ----- Original Message ----- From: "Gerry Ellis" <
>>> gerry.ellis@xxxxxxxxxxxxxxxxxx>
>>> To: <vicsireland@xxxxxxxxxxxxx>
>>> Sent: Wednesday, December 14, 2011 8:47 PM
>>> Subject: [vicsireland] Review of Broadcasting Access Rules
>>>
>>> ****
>>>
>>> Hi,
>>>
>>> These Access Rules are set by the Broadcasting Authority of Ireland, but
>>> are
>>> given statutory strength through the Sectoral Plans of the Disability
>>> Act.
>>> The old plans required 2% of Audio Description and 2% of Subtitling, but
>>> neither of these targets were met.
>>>
>>> I think it would be great if VICS made a submission on the review either
>>> by
>>> itself or as part of the TV Access group.
>>>
>>> I would suggest that reference to the 21st Century Communications and
>>> Video
>>> Accessibility Act from the United States would be helpful as it has far
>>> more
>>> ambitious targets than anything that is likely to come from the BAI
>>> itself.
>>>
>>> See details of the call for submissions at:
>>> http://www.emara.org/news/modules.php?name=News&file=article&sid=7054
>>>
>>>
>>>
>>>
>>> Take care,
>>>
>>> Gerry ellis
>>>
>>> If you don't know where you're going,
>>> How will you know when you get there?
>>>
>>> ****
>>>
>>>
>>>
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>>>
>>>
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>>>
>>>
>>
>
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