Captioning and Audio Description on Video on Demand Services Contents

Home , ABC iview, Australia Live TV, Foxtel Movies, NBL TV, Presto (company), Qello

APRIL 2015 MEDIA ACCESS AUSTRALIA REPORT SERIES

ACCESS ON DEMAND: CAPTIONING AND AUDIO DESCRIPTION ON VIDEO ON DEMAND SERVICES CONTENTS

ABOUT MEDIA ACCESS AUSTRALIA 3 ABOUT THE AUTHOR 3 A NOTE ON TERMINOLOGY 3 INTRODUCTION 4 EXECUTIVE SUMMARY 5 1 VOD ACCESSIBILITY IN THE US AND UK 6 1.1 VOD accessibility in the US 6 1.2 VOD accessibility in the UK 7 2 UPTAKE OF VOD SERVICES IN AUSTRALIA 9 3 VOD SERVICES AVAILABLE IN AUSTRALIA 10 3.1 Catch-up TV services 10 3.2 Ad-supported VOD services 10 3.3 Subscription VOD services 11 3.4 Transactional VOD services 12 3.5 Free VOD services 14 4 LOCATING CAPTIONED CONTENT ON VOD SERVICES 15 5 THE ABC IVIEW AUDIO DESCRIPTION TRIAL 15 6 CONCLUSION AND RECOMMENDATIONS 16 APPENDIX 17 REFERENCES 20 GLOSSARY 21 ABBREVIATIONS 22 ABOUT MEDIA ACCESS AUSTRALIA

Media Access Australia is Australia’s only independent not-for-profit organisation devoted to increasing access to media for people with a disability. We promote inclusion by providing information and expertise on the accessibility of mainstream technologies to government, industry, educators, consumer organisations and individuals. We work as a catalyst for change across television, video, cinema, the arts, education, digital technology and online media, with a primary focus on people who are blind or vision impaired, or Deaf or hearing impaired. Media Access Australia grew out of the Australian Caption Centre (ACC), which was founded in 1982. As the ACC we provided captioning services for all Australian television networks, as well as the captioning of live theatre, videos and DVDs. The captioning and other commercial operations of the ACC were sold to Red Bee Media in 2006.

ABOUT THE AUTHOR

Chris Mikul is Media Access Australia’s Project Manager for television. He has been involved in access for more than twenty years, and was formerly National Production Manager at Media Access Australia’s predecessor, the Australian Caption Centre.

A NOTE ON TERMINOLOGY

‘Video on demand’ (VOD) is the most commonly used generic term for video delivered to a user over the internet. It can be divided into four main categories:

• Catch-up television: a service provided by a broadcaster, sometimes in conjunction with another party (e.g. the Seven Network and Yahoo!’s Plus7 service), with the content predominately consisting of programming which was broadcast a short time before being made available online.

• Ad-supported video on demand: a service which is free to access and supported by advertising (e.g. YouTube).

• Transactional video on demand: a service where the consumer pays for temporary access to content, or content they can download and keep (e.g. BigPond Movies).

• Subscription video on demand: a service where users gain access to content via a weekly or monthly subscription (e.g. Stan). In addition to these, there are also a number of VOD sites which are entirely free to use. Those available in Australia are listed below.

3 INTRODUCTION

2015 has been widely touted in iTunes, or pay a subscription of services. Those turning to catch- the media as a watershed year as little as AU$8.99 a month for up services to watch programs for video on demand (VOD) in access to hundreds of titles from they have missed often find the Australia, with a proliferation of services like Stan and Netflix. captions missing, even though new services, and in particular Fans of sport can subscribe they were captioned for their the launch of a local version to niche services which allow original broadcast. of the American VOD giant them to watch live events on Netflix in March. Media Access their mobile devices. And there Australia therefore decided it is a large amount of content was time to revisit the issue of available for free on overseas accessibility on VOD, the subject VOD services that can be of an earlier report, Captioning accessed locally. on video on demand services: It’s time for Australia to catch The missing element in this, up1, released in 2013. all too often, is accessibility. While three of the five free-to-air This new report begins by network catch-up TV services looking at the situation with in Australia now offer captions, VOD services and captioning most of the other VOD services in the UK and the US (where a do not. And no VOD services combination of legislation and as yet offer audio description, litigation has resulted in the although this will change with a highest levels of VOD captioning trial on the ABC’s iview service in the world). It then looks at the that commenced in April 2015. take-up of VOD in Australia; the levels of captioning on all the Captioning began on Australian services currently available here, television in 1982, with a few both Australian and international; hours of programs captioned and the forthcoming trial of each week. In July 2014, thanks audio description on the ABC’s to caption quotas included iview service. It concludes with in the Broadcasting Services recommendations for the next Act, it finally reached 100% steps to increase accessibility on on programs broadcast on the VOD services. network’s primary channels between 6 am and midnight. The rapid growth of video on This is a good result for Deaf demand VOD services over the and hearing impaired Australians last decade or so has changed who rely on captions to watch the way many people watch TV (although Australia is still television. No longer are viewers behind the situation in the US tied to TV schedules or the TV and UK, where captioning on set in the lounge room. If they most channels reached 100% miss a program, they can often across 24 hours years ago). go online and watch it using one of the catch-up services that all However, just as captioning has the major broadcasters provide. reached high levels on TV, Deaf They can rent or purchase and hearing impaired viewers newly-released movies and TV are dismayed to find they are series from video stores like often entirely absent on VOD

4 EXECUTIVE SUMMARY

In the UK, 16 out of 90 VOD hearing impaired Australians the ABC iview trial to plan services provided captions in are directly benefitting from the introduction of audio 2014, and four provided audio this legislation, and this clearly description on all catch-up description. The Authority for demonstrates the important role TV services. Television on Demand (ATVOD) that legislation plays in ensuring has told VOD providers that they adequate levels of access to have two years to voluntarily media. increase captioning levels or they will face legislation. The trial of audio description on the ABC’s iview service In the US, legislation ensures represents the first time that that all programs broadcast audio description has been on television with captions are created solely for a catch-up captioned when distributed over TV service, and the trial should the internet. In addition to this, a provide valuable information lawsuit against the VOD provider about extending the service to Netflix was settled when the other VOD services. company agreed to caption all of its content by the end of 2014. RECOMMENDATIONS: 50% of Australian internet users • All catch-up TV services have watched TV programs and should provide captions by movies online, and 66% of 16 to the end of 2015, and if they 24 year olds watch TV content fail to do so, the Federal online. Government should make this compulsory through Among VOD services, the legislation. catch-up TV services have the greatest awareness among • The captioned content consumers. Only three of these on Netflix and other VOD services (ABC iview, SBS On services shows that it is Demand and Plus7) currently possible to provide captions provide captions. on these services. The VOD industry should be given Netflix launched in Australia in until the end of 2016 to March 2015, with captioning provide acceptable levels at or close to 100%. Other of captioning on a voluntary subscription VOD services, basis, and if it fails to do so, including Presto, Stan and the Federal Government Quickflix, do not offer captions. should make this compulsory The transactional VOD services through legislation. iTunes, Google Play and Xbox Video provide captions on 48% • VOD providers must clearly to 97% of their content. promote and indicate captioned content. The high levels of captioning on Netflix, iTunes, Google Play • The Federal Department and Xbox Video can mainly be of Communications should attributed to legislation in the consult with stakeholders US. In other words, Deaf and and use the feedback from

5 1 VOD ACCESSIBILITY IN THE US AND UK

1.1 VOD ACCESSIBILITY IN • 31 March 2014: All archival FCC Commissioner Jessica THE US programming Rosenworcel said, “I appreciate compliance with the new rules 1.1.1 LEGISLATION In December 2012, eight will take work, but we must be deafness advocacy groups, more than just the steward of the The United States is the only including the National status quo.”3 country so far to introduce Association of the Deaf and legislation covering the the Deaf and Hard of Hearing 1.1.2 LITIGATION provision of captioning on Consumer Advocacy Network, VOD services with the 21st filed a report2 with the FCC on Netflix Century Communications and the initial compliance with the In 2011, Netflix was sued by Video Accessibility Act (CVAA), first of these deadlines. This the National Association of the which was passed in 2010. found that 82% of VOD services Deaf (NAD) for failing to provide Prior to the requirements in were in compliance. captions on most of the titles on the CVAA coming into effect, its ‘Watch Instantly’ service. The levels of captioning on American The initial rules set by the NAD’s case was strengthened VOD services were quite low. FCC only covered full-length in June 2012, when the District A survey by Media Access video programming, but in July Court of Massachusetts Australia conducted in June 2014 it voted to introduce rules held that the Americans with 2011 found, for example, that covering short video clips. From Disabilities Act (ADA) applies to only 35% of TV shows available 1 January 2016, individual video website-only businesses. on Hulu, and 32% of content clips which have been lifted from pre-recorded programs on Netflix, were available with Following a brief experiment will have to be captioned, while captions. when Netflix attempted to montages of clips, and clips from caption some of its content by The CVAA introduced a live and near-live programs, crowdsourcing, it reached an requirement that any TV will have to be captioned from agreement with the NAD in program that was broadcast with 1 January 2017. In the case of October 2012. By then, 90% of captions must also be captioned live and near-live clips, there will Netflix content was captioned, when distributed over the be a ‘grace period’ of 12 hours and the company agreed to internet, and gave the Federal and 8 hours after broadcast increase this to 100% by 2014. Communications Commission respectively before the captions (FCC) the power to determine have to go online. While theoretically all of the deadlines for this to take place. content on Netflix is now At the moment, these rules will The deadlines were eventually captioned, the quality of some of only apply to websites owned set as follows: the captioning has been heavily or controlled by the original TV criticised. In an article on The • 30 September 2012: All distributor of the clip. However, Week website, ‘How Netflix pre-recorded, non-archival the FCC has signalled that it will alienated and insulted its deaf programming not edited for be looking at whether they will subscribers’, John Christian internet distribution be extended to third parties. It is wrote, “By and large, closed also asking whether the grace • 31 March 2013: All live captions on Netflix’s instant periods should eventually be and near-live non-archival streaming service are loaded phased out, whether the rules programming with nonsense characters, should apply to mashups, and transcription errors, and how they should be applied to • 31 September 2013: All dialogue so implausible that it’s advance clips which are posted pre-recorded, non-archival hard to believe they’re actually before TV broadcast. programming edited for transcription errors. Many internet distribution obscure the opening credits,

6 1 VOD ACCESSIBILITY IN THE US AND UK (CONTINUED)

line up poorly with spoken lines, In February 2014, a three- Television on Demand (ATVOD). or linger into uncomfortable judge panel in the U.S. Court Unlike Ofcom, the regulator stretches of silence.” of Appeals for the Ninth Circuit for broadcast and subscription dismissed some of the GLAAD television, ATVOD does not have A Netflix spokesman told suit’s discrimination claims. any legal powers to enforce Christian that the captions It found that CNN’s decision rules, although this may change were generally acquired from not to provide captioning on in the future, but it has a duty the same place as the video clips was an editorial decision, to “encourage service providers content. They were the same and GLAAD had not shown to make their On Demand captions that were broadcast that CNN had an intent to Programme Services (‘ODPS’) on television, and Netflix does discriminate based on disability. more accessible to people with not have the right to alter them In making this ruling, it invoked disabilities affecting their sight and fix errors. (After the article a Californian statute, known as or hearing or both”. ATVOD was posted, another Netflix the anti-SLAPP statute, which produces an annual report spokesman said, “While we provides for “the early dismissal entitled ‘Provision of Video on don’t have the rights to make of meritless lawsuits arising Demand Access Services’, with edits to subs/captions we do, from a defendant’s conduct in the latest released in December in fact, request redelivery of furtherance of its free speech 2014.6 subtitles or captions when we rights”. discover errors.”4) In 2014, for the first time, it was While the court found in compulsory for VOD providers The issue raises some CNN’s favour, it did reject to report to ATVOD on their questions. If a VOD service some of the constitutional levels of access, and the 2014 is redistributing captions as challenges it had made to the report incorporates responses provided on a video’s TV discrimination claims, ruling that from all 90 of them. The highest broadcast, and these were closed captioning was not an increases in captioning (called faulty in the first place, to what “impermissible burden” to the ‘subtitling’ in the UK) were on extent is it fulfilling its obligations network. catch-up TV websites, including under the legislation, and who those of Channel 4 (4oD), should bear the cost of fixing the The court did leave one Channel 5 (Demand 5) and mistakes? element of the suit unresolved, ITV (ITV Player). These had however. It has requested that CNN captions on 65%, 72% and 74% the California Supreme Court of their programs respectively. In 2011, the Greater Los look at the question of whether Angeles Agency for Deafness state law, which requires that A number of VOD providers (GLAAD) brought a putative disabled individuals have also began to provide captions class action against CNN and its equal access to “places of on programs delivered on other owner Time Warner, accusing public accommodation”, covers platforms. Channel 5 now offers them of violating the rights of non-physical places such as them on 72% of programs the disabled by not providing websites, saying it was “an available via its Windows app, captions on its online videos important question of Californian and 62% via its iOS app, while (which were not covered by the law and raises an issue of STV offers captions on 78% 5 CVAA captioning requirements). significant public concern”. of programs available via its They argued specifically Windows app. Nickelodeon, 1.2 VOD ACCESSIBILITY IN Viaplay and Digital Theatre also that CNN was breaching the THE UK Disabled Persons Act (DPA) provide captions via apps. which requires disabled people VOD services in the UK (with the The only VOD providers to equal access to “places the exception of the BBC’s iPlayer) to currently provide audio public is invited”, and California’s are regulated by the Authority for Unruh Civil Rights Act. 7 1 VOD ACCESSIBILITY IN THE US AND UK (CONTINUED)

description are the BBC’s delivery platform should be In February 2015, the advocacy iPlayer, 4oD (which provided responsible for providing group Action On Hearing Loss audio description on 15% of access reported that, while there had programs in 2014), Channel been some technical glitches, Entertainment (7% of programs • Technical difficulties arising 40% of Amazon’s content in 2014) and Sky (which did not from the diverse range was now captioned, and the provide comprehensive figures of content providers and company’s ultimate aim was to to ATVOD). Channel 5 and ITV delivery platforms raise this to 100%.12 have expressed an intention to To counter the last issue, introduce the service. ATVOD ATVOD continues to facilitate states that encouraging the the sharing of information provision of audio description between service providers will be a particular focus for it in through its Working Group 2015. on Access Services. This is ATVOD does not report on promoting the use of a technical accessibility on the BBC iPlayer standard for captions (EBU- because it has no jurisdiction TT), which enables captions over it, but the BBC website to be more easily transferred reports that all content on the across different platforms. iPlayer has captions if viewed on EBU-TT (EBU-Timed Text) a desktop.7 is a format published by the European Broadcasting Most BBC channels are now Union.10 It supersedes (and is regularly providing audio backwards compatible with) the description on 20% or more of EBU-STL standard, which has their programs.8 Several sources been used in Australia since suggest that most of this is digital broadcasting began. The also made available when the standard has now been adopted programs move to the iPlayer.9 by NBC Universal and several other service providers. Noting that many VOD services remain inaccessible, the ATVOD Speaking at the Future of report discusses the barriers to Subtitling Conference held in providing access which were London on 10 November 2014, raised by VOD providers. These ATVOD’s CEO Peter Johnson included: said the VOD industry has two years to voluntarily introduce • Logistical and technical captioning, or it will face issues, including the regulation.11 challenges of providing access services for In a recent development, programs originally Amazon Instant Video (formerly broadcast live LoveFilm) responded to a petition, organised by access • Issues with sourcing content campaigner Stephanie with access services, or McDermid and signed by 15,000 acquiring the rights for them people, by announcing that it • Confusion over whether would begin adding captions to the content provider or the its content by the end of 2014.

8 2 UPTAKE OF VOD SERVICES IN AUSTRALIA

Overall, broadcast television 27% of homes now have TVs still accounts for the majority of which can be connected to television viewing in Australia. the internet. The introduction (On average, broadcast of HbbTV (Hybrid broadband television viewers who also television) is likely to be another had access to VOD services driver to increased VOD spent 11.6 hours a week use. HbbTV is a broadcast watching the former, and 2.6 platform which allows for a hours watching the latter.)13 seamless transition between Nevertheless, viewing habits are broadcast and internet-delivered rapidly changing. At the end of programming (this is the platform 2014, 50% of Australian internet on which Freeview Plus runs). users had watched movies or HbbTV-enabled televisions went TV programs online, and the on sale in July 2014, and while younger they were, the more sales of these have so far been VOD content they were likely to modest, retailers expect them to have seen. Among 16 to 24 year increase significantly by the end olds, around 66% now watch of 2015.15 TV content online, compared to 75% who watch broadcast Many Australians have also television. They are also more taken advantage of VPNs (virtual likely to own an internet- private networks) to circumvent connected TV. geo-blocking and access overseas VOD services, with Of the various VOD services the number who have accessed available in Australia, the the US Netflix service estimated catch-up TV services have the to be as high as 200,000. greatest awareness among Speaking at a trade conference viewers (84% of VOD users are in January 2015, Netflix’s vice aware of at least one, which president of product innovation, most of them use). 56% of VOD Todd Yelland, cast doubt on this users watch catch-up TV, while figure, saying, “We think the 60% use ad-supported services rumours are a little exaggerated (mainly YouTube). because no one really knows.” Yelland also denied reports Research conducted by that Netflix had begun to cut off Australia’s communications services to people who were regulator, the Australian bypassing geo-blocking, in the Communications and Media lead-up to the Australian version Authority (ACMA), found that of Netflix being launched. the ABC’s iview was by far the Yelland said Netflix’s ultimate most popular of the catch-up TV goal was to eliminate regional services, accounting for 71% of rights arrangements and have a visits by catch-up users. It was “global Netflix”.16 followed by SBS On Demand (32%), TENplay (22%), Plus7 (17%) and 9Jumpin (13%).14

9 3 VOD SERVICES AVAILABLE IN AUSTRALIA

3.1 CATCH-UP TV In February 2015, there were 3.1.4 9JUMPIN SERVICES 164 hours of English-language TV programs, excluding news In February 2015, 121 programs 3.1.1 ABC IVIEW programs, on the service, were available on 9Jumpin, of which 53 hours or 32% ranging from one or two The ABC’s iview has the largest had captions. The full-length episodes to entire series. No range of content of the catch- version of SBS World News content was captioned. up services. Captions have was captioned, but individual been available on prime-time 3.1.5 TENPLAY segments from it were not. programs from ABC1 and ABC2 In February 2015, 47 programs since March 2010, while the There was also a library of were available on TENplay, with iview app for iPads was enabled 200 movies which could be up to three episodes of each for captions in July 2011. streamed. 52 were English- series available, along with short language, and nine of these had In February 2015, there were clips and other material. No captions. 325 hours of program content content was captioned, although available to watch on iview Captioned programs are a ‘CC’ button appears on the (plus a continuous streaming identified by a ‘CC’ in the media player, indicating it is of ABCNews24). Of the 325 synopsis, but there is no way to enabled for closed captions. hours, 209 hours, or 64%, search for them. had captions. The majority 3.1.6 FOXTEL GO of programs which were 3.1.3 PLUS7 Foxtel’s online service which uncaptioned were children’s The Seven Network’s Plus7 allows subscribers to watch programs. The state-based half- service, which is managed by selected Foxtel channels either hour news bulletins were also Yahoo!, introduced captioning live or as catch-up programs. No uncaptioned. in February 2014 to coincide content is captioned. It is possible to bring up a list with the beginning of that year’s 3.2 AD-SUPPORTED VOD rating season. Generally, the of all programs, with captioned SERVICES programs marked with the ‘CC’ top-rating programs are provided symbol, making them easy to with closed captions. 3.2.1 BIG STAR MOVIES locate. In February 2015, there was Streamed movies and A trial of audio description on approximately 241 hours of documentaries. If a subscription iview commenced on 14 April program content available, of of $4.99/month is paid, the ads 2015 (see section 5). which 22.25 hours, or 9%, had are removed and HD versions captions. The programs that had are available. No captioned 3.1.2 SBS ON DEMAND captions were Better Homes content, but foreign-language and Gardens, Border Security, Captions were introduced movies are subtitled. Grey’s Anatomy, Home & Away, on SBS On Demand in June Malibu Country, Keeping Up 2012, after SBS, working in 3.2.2 SMH.TV/THEAGE.TV Appearances, Million Dollar conjunction with the British Minute, My Kitchen Rules, Pawn These are libraries of TV company Softel (which supplies Stars, Pie in the Sky, Paleo Way programs and movies which its captioning equipment and Winter. can be watched on the Sydney and software) developed an Morning Herald and The Age automated process which There is no way to search websites. Between 2,500 and integrates the caption files for captioned programs, and 3,000 titles can be watched produced for television captions are not available on the as streaming videos, with broadcast with the online version Plus7 app. the content skewed towards of the program.

10 3 VOD SERVICES AVAILABLE IN AUSTRALIA (CONTINUED)

documentaries and other captions, but these can only are $5/week. No captioned factual material. Some content be found by hovering your content. is provided by the BBC, CNN, cursor over the upper edge of Ovation and Vice. No captioned the screen (a tab will appear if 3.3.6 FOX SPORTS content. captions are available). Viewster PREMIUM has said it plans to increase On demand replays of sporting 3.2.3 7SPORT the amount of captioning in the events, including cricket, AFL, future.17 An online service featuring on- NRL, etc. Subscriptions are $5/ demand content including live- 3.3 SUBSCRIPTION VOD month. No captioned content. streamed events, plus news, live SERVICES scores and other content. No 3.3.7 INDIEFLIX captioned content. 3.3.1 AFL LIVE PASS A US-based service with 3.2.4 YOUTUBE An app for the live and on- streamed content available demand streaming of AFL worldwide, which features Automated captions created by matches and other content. independent (mostly short) speech-to-text software have Subscriptions are $14.99/month. films. Subscriptions are $5/ been available on YouTube No captioned content. month. These are provided by videos since 2010, but the the filmmakers, who can supply limitations of the software, 3.3.2 BBC IPLAYER closed caption files if they combined with the poor audio have them, but none of the 45 quality of many of the videos, A global version of the BBC titles listed on the site in March mean they are notoriously iPlayer, available as an iOS- 2015 had captions (although inaccurate. only app for iPad, iPhone or some foreign language films iPod Touch. About 2,000 hours are subtitled). Titles cannot be Owners of YouTube videos can of programs are available, searched for captions. add accurate captions to their and subscriptions cost $8.99/ videos in four ways: month. Unlike the UK version 3.3.8 MUBIE of the iPlayer, no captions are • Correcting the automated available. International service with on- captions demand independent and classic movies. Subscriptions • Uploading a transcript to 3.3.3 BEAMAFILMS are $4.99/month. No captioned YouTube, which will then be A streaming service specialising content but foreign language automatically timed to the in independent and arthouse films are subtitled. video to create captions films. Subscriptions are $5.99. • Creating captions from No captions available, although 3.3.9 NBA LEAGUE PASS some titles are subtitled. scratch, using software Live NBA games and related which is now built into 3.3.4 CRICKET AUSTRALIA content. Subscriptions are YouTube’s ‘video manager’ LIVE STREAMING $32.99/month. No captioned • Uploading a pre-existing content. An app for the live screening of caption file cricket matches. Subscriptions 3.3.10 NBL.TV are $4.99/week. No captioned 3.2.5 VIEWSTER Live NBL games (including content. A free, worldwide on-demand games simulcast on Ten) and service, based in Switzerland, 3.3.5 EPL ON DEMAND other on-demand content. featuring movies and TV series. Subscriptions are $23/month. No On-demand English Premier A few videos have closed captioned content. League matches. Subscriptions

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3.3.11 NRL DIGITAL PASS 3.3.13 PRESTO 3.3.17 WATCH AFL GLOBAL PASS Streamed NRL games and other Foxtel’s streaming video related content. Subscriptions service, a joint venture between Live AFL games and related are $1.99/week. No captioned Foxtel and Seven West Media, content. Subscriptions are $25/ content. launched in March 2014. month. No captioned content. Content derives from HBO 3.3.12 NETFLIX and Showtime, including first- 3.4 TRANSACTIONAL VOD SERVICES Netflix launched in Australia in run programs. An entry-level subscription costs $9.99/month, March 2015. While at launch 3.4.1 DENDY DIRECT the local version of Netflix and content is available on PC, offered 7,000 fewer titles than Mac and iPads. No captioned Dendy Direct is a streaming the American version (which content. VOD service run by the independent cinema chain offered 8,487 titles) the company 3.3.14 QELLO CONCERTS has continued its commitment Dendy. It launched in 2014, with to captioning, as it has in other On-demand streaming 517 movies and 17 TV series.19 countries where Netflix has been of concerts and music Most content is available for launched. documentaries, available purchase or rental, and in worldwide. Subscriptions are standard definition or high Media Access Australia $4.99/month. According to its definition formats. A new-release understands that some of the website, “Qello is working to movie in HD costs $29.99 to content on the local site may include closed captioning on own, or $6.99 to rent. The lack captions, but a survey of as many programs as possible, Dendy cinema chain does not 100 TV series and 100 movies including, without limitation, have captioned sessions, and no carried out in March 2015 found where such long-form closed captions are available on Dendy that all of them did. captioned program has been Direct. shown on TV.”18 In April 2015, Netflix became the 3.4.2 EZYFLIX first subscription VOD provider 3.3.15 QUICKFLIX in the world to provide audio EzyFlix has a selection of about description. The first described Quickflix began as a DVD rental 2,000 titles which can bought program was Daredevil, a series service which delivered DVDs and rented, including titles about a blind superhero, and the to its subscribers by mail, and which have not yet had a DVD company has announced that introduced streaming video release. Movies cost $3.99 to others will follow. The described in 2011. It offers over 60,000 rent or $8.99 to buy. No content version of Daredevil was made movies and TV shows, and has is captioned. available in Australia at the over 130,000 customers. No same time as the US. captioned content. 3.4.3 FETCH TV Fetch TV is an IPTV The high levels of captioning 3.3.16 STAN on Netflix, and its introduction subscription service which of audio description, represent Stan is a joint venture between offers 35 channels, including major advances in online Nine Network and Fairfax Media some channels which are also accessibility in Australia. which launched in February available on Foxtel, and some 2015. Content derives from foreign language channels. Netflix is offering a basic ABC, Sony Pictures, MGM, CBS The service operates through a subscription for $8.99 per Studios and BBC Worldwide. No user’s internet service provider, month, which allows access to captioned content. and Fetch TV also provides a standard definition versions of all set-top box with video recorder. its TV and movie content.

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Captions on TV programs store for the Android operating 3.4.7 SONY are passed through when system, but it also serves a ENTERTAINMENT available, but Fetch TV has VOD service with movies and NETWORK no captioning infrastructure of TV programs available for its own. Because it is classed rent or purchase. Movies are Sony movies and TV programs as a subscription television generally $12.99–$17.99 to buy, (available the day after first service by the Australian and $3.99–$5.99 to rent. TV broadcast) can be bought or Communications and Media programs are $2.99 per episode. rented via the PlayStation Store, Authority (ACMA), it is subject to and played on games consoles, the caption requirements in the Media Access Australia smartphones, tablets and Broadcasting Services Act. In conducted a survey of captioned internet-connected TVs. New cases where this means it would content on Google Play in release movies are $5.99 to rent have to provide captions on a March 2015. Of 100 movie titles and $19.99 to buy. No captioned channel, or add to the captioning surveyed, 48% had captions. A content. already available, it has applied separate survey of 13 Australian to the ACMA for exemptions movies found none had 3.4.8 TELSTRA BIGPOND captions. (most recently in January 2015), Telstra BigPond is the oldest and these have been granted Of 100 TV programs surveyed VOD service in Australia, on the grounds that providing (in the drama and comedy with over 9,000 movies and captioning would represent an categories), 46% had captions. episodes from around 50 TV ‘unjustifiable hardship’. (These included one Australian series currently available. These In addition to TV channels, Fetch series, Gallipoli, which had can be watched on a smart TV also has a library of over captions.) TV, laptop, tablet, smartphone 3,500 movies on demand. 30 or a TV connected to a T-Box Captioned content cannot be (Telstra’s proprietary set-top movies per months are available searched for. for free as part of subscriptions, box). New release movies can while additional movies can be 3.4.6 ITUNES be rented for $5.99, while older rented for $3.95–$6.95. None titles are generally $3.99. TV of these are available with Media Access Australia episodes are generally $1.99. captions. conducted a survey of 100 movies and 100 TV series Telstra’s Disability Action Plan (2010-2012) included 3.4.4 FOXTEL MOVIES ON available from the Australian iTunes store in March 2015. a commitment to “Explore DEMAND commercially viable introduction Foxtel launched captions on Of the 100 movies surveyed, of captioning and audio its On Demand movies in 48% had captions. description on BigPond Movies October 2013.20 A survey of the and BigPond TV”, including Of the 100 TV series surveyed, ‘Box Office’ section of Foxtel’s “Capability of BigPond and 79% had captions. The majority website in March 2015 found Telstra systems and media of those that didn’t were British all titles had captions, however, player software/devices to and Australian series. (Only one once titles are moved out of ‘Box present suitable captions for Australian series out of six – Office’ into the archived movie download”. Gallipoli – had captions.) library, the captions are lost. In September 2014, Telstra Movies can be rented for $5.50 When we last surveyed iTunes released 14 BigPond movies each. in 2013, captioned movies could with captions.21 These did not be searched for, but this is no 3.4.5 GOOGLE PLAY have closed captions, which longer the case. can be turned on and off on Google Play is the official app the media player. Instead, they

13 3 VOD SERVICES AVAILABLE IN AUSTRALIA (CONTINUED)

are separate, open captioned as of March 2015. All content versions of the movies, with the has English subtitles. captions always present when the movie is played, regardless 3.5.3 CRACKLE of the media player or device. A US-based service with free Telstra stated that more titles streaming movies and TV would follow, but this has not programs, including some happened as yet. original programs. Most content 3.4.9 VIMEO ON DEMAND is captioned. Streamed movies, 3.5.4 HANNABEE documentaries and a few series Free streaming Japanese available for rental or purchase anime, with a store where you at varying prices. Five titles out can purchase DVDs. All content of 85 (6%) surveyed in March has English subtitles. 2015 had captions. 3.5.5 VIMEO 3.4.10 XBOX VIDEO A video-sharing site popular with A video store with a large filmmakers as it supports high catalogue of recently-released definition video. Vimeo’s media movies and TV shows available player has supported captions for rental or purchase at various since the beginning of 2014, so prices (a new movie costs caption files can be uploaded by $3.99 to rent or $14.99 to buy video owners. While Vimeo has in standard definition). Content an on-demand service where is stored in the cloud and can videos can be bought or rented be accessed via a Microsoft (see section 3.4.10), most account. content is free. A survey of 100 movie titles and 95 TV series carried out in March 2015 found captioning levels were 97% for movies, and 66% for TV series. Captioned content cannot be searched for. 3.5 FREE VOD SERVICES

3.5.1 4ME TV An Australian site with free streaming of lifestyle programs (and a shop where associated products can be purchased). No captioned content. 3.5.2 ANIMELAB A service providing streamed Japanese anime which was free

14 4 LOCATING CAPTIONED CONTENT ON VOD SERVICES

Even when VOD services or some other indication that subscription TV, IPTV and VOD provide captioned content, it can captions are available. services available in Australia be quite difficult for consumers in terms of price, content, to locate it. As noted above, Providers should be encouraged compatible devices, etc., and the ABC’s iview site has a list to rectify this, either by also notes whether they provide of programs which indicates providing lists of titles which closed captions or not. the ones for which captions clearly indicate those that are available. For all the other have captions, or by making VOD services which have been captioned titles searchable. surveyed for this report, the only Compare Media22 (which is in a way to locate captioned content beta version as of March 2015) is to select a title, click on it is a useful site which gives a to see the extended program snapshot of accessibility on information, then look for a ‘CC’ VOD services. The site allows (for closed captions) symbol, users to compare the different

5 THE ABC IVIEW AUDIO DESCRIPTION TRIAL

A trial of audio description was months, and provide at least 14 benefit from the trial about it. As conducted on ABC television hours of audio described content it is expected that the trial will over three months in 2012, but per week, with a mix of drama/ throw up some technical issues, a regular service has yet to be entertainment, documentary/ the ABC will make regular announced. Since then, Blind current affairs and children’s progress reports during it. Citizens Australia (BCA) has programming. lodged disability discrimination The trial represents the first complaints against the ABC The service is initially available time in the world that audio for failing to provide a regular on iPads and iPhones, and description will be created (or a service, and the conciliation will expand to Android, PCs pre-existing audio description process that resulted from these and HbbTV by July 2015. The file adapted) for a catch-up TV is ongoing. ABC will be consulting with service, rather than the original organisations including BCA, broadcast of the program, In August 2014, the Department Vision Australia, the Australian and the first delivery of audio of Communications announced Communications Consumer description on a catch-up TV a trial of audio description Action Network (ACCAN) and service outside the UK.23 on the ABC’s iview service, Media Access Australia on the and it commenced on the 14 appropriate mix of content and April 2015. This will last for 15 how to inform people who will

15 6 CONCLUSION AND RECOMMENDATIONS

The situation with accessibility access services. Legislation to make this compulsory on VOD services in Australia (occasionally backed up with the through legislation. remains very mixed. Only three threat of – or actual – litigation) out of the five catch-up TV is responsible for the high levels 2. The arrival of Netfix with services provided by the free-to- of captioning on television in captioned content at or near air networks now offer captions the US, UK, Australia and other 100%, and the range of (although captioning levels on countries. In this context, it captioned content available Plus7 remain quite low). ABC, will be interesting to observe on similar services overseas, SBS and the Seven network are what happens in the UK, where show that it is possible to be commended for introducing the regulator has flagged an to provide captioning on captions on these services introduction of legislation if these services. The VOD when there was no legislative VOD services do not voluntarily industry should be given requirement for them to do so. introduce or increase their levels until the end of 2016 to of captioning over the next two provide an acceptable level After the catch-up TV services, years. of captioning on a voluntary the most important sources of basis, in consultation with captioned content for Australian As in most media, the provision consumers. If an adequate consumers are the transactional of audio description on VOD level is not provided within VOD services iTunes, Google services lags far behind this timeframe, then the Play and Xbox Video, and the captioning. With the exception of Federal Government should subscription service Netflix. The a small number of services in the make it compulsory through launch of the latter in Australia UK, audio description on VOD legislation. This replicates is particularly significant, given around the world is virtually non- the UK approach. that the level of captioning on its existent. This makes the trial of content is at or close to 100%, audio description on the ABC’s 3. A key component of and access to this content (in iview service very significant. accessing accessible standard definition format) costs The results of the trial will inform content is clear promotion only $8.99 per month. future discussions around and indication of accessible introduction of audio description content. VOD and other The levels of captioning on to all catch-up TV services in online providers must provide these services can be largely Australia. clear information on which attributed to the workings of the content is accessible to 21st Communications and Video RECOMMENDATIONS: assist purchasing decisions. Accessibility Act 2010 in the US. This legislation may have been 1. It is clear that there are 4. The Federal Department of framed with the interests of Deaf no significant barriers for Communications should set and hearing impaired Americans television access services up a consultation process in mind, but the largest VOD (such as captions) to be involving industry, consumers providers, such as Netflix or replicated on the online and suppliers to review and iTunes, are global enterprises, versions of those services. use the experiences and and the benefits provided Three of the current free-to- feedback from the ABC in the act have flowed on to air networks offer captioned iview audio description many other countries, including content online and the others trial to determine a plan Australia. should also provide it. These and schedule for audio catch-up services should description to be included on We believe that the lesson be given the opportunity to all catch-up TV services. This to be drawn from this is that provide captioned content by plan should see services legislation and government the end of 2015, and if they commencing no later than regulation are essential factors fail to do this the Federal the end of 2016. for the adequate provision of Government should move

16 APPENDIX

Table 1: Percentage of captioning on VOD services available in the UK via desktop

SERVICE CONTENT PERCENTAGE CAPTIONED BBC iPlayer BBC programs 100% 4oD Channel 4 programs 65% Demand 5 Channel 5 programs 72% ITV Player ITV programs 74% STV Player Scottish channel with ITV programs 78% UTV Player Irish channel with ITV programs 57% SBS Discovery Scandinavian network with international con- 22% tent Classical TV Performing arts 11% The Space Digital artworks 67% Viaplay Swedish service with international content 70% Curzon Home Cinema Movies 67% Digital Theatre Performing arts 46% British Sign Language Signed programs 100% Broadcasting Trust Manoto 1 International Persian language channel 14%

Table 2: Captioning on Australian catch-up TV services, February 2015

SERVICE CONTENT PERCENTAGE CAPTIONED

ABC iView Programs from ABC1 and ABC2 64% SBS on Demand Programs from SBS1 and SBS2, plus a movie 32% (of English library language general entertainment programs) Plus7 Programs from Seven, 7Two and 7Mate 9% 9Jumpin Programs from Nine, Gem and GO! 0% TENplay Programs from Ten, Eleven and One 0% Foxtel Go Programs from a selection of Foxtel 0% channels

17 APPENDIX (CONTINUED)

Table 3: Captioning on ad-supported VOD services available in Australia, February 2015

SERVICE CONTENT PERCENTAGE CAPTIONED

Big Star Movies Movies 0% smh.tv/age.tv TV programs and movies 0% 7Sport Sporting events and related content 0% YouTube User-generated content A large percentage of content is described as having captions, but these are mostly poor quality automated captions. Viewster Movies and TV programs A small percentage of content is captioned.

Table 4: Captioning on subscription VOD services available in Australia, March 2015

SERVICE CONTENT PERCENTAGE CAPTIONED AFL Live Pass AFL games and other content 0% BBC iPlayer BBC programs 0% Beamafilms Independent films 0%, but some content is subtitled. Cricket Australia Live Streaming Cricket matches 0% EPL On Demand English Premier League matches 0% FoxSports Premium Sporting events 0% IndieFlix Independent films 0%, but some content is subtitled. Mubie Independent and classic films 0%, but some content is subtitled. NBA League Pass NBA games and related content 0% NBL.TV NBL games and related content 0% NRL Digital Pass NRL games and related content 0% Netflix TV programs and movies 100% Presto TV programs and movies 0% Qello Concerts and music documentaries A small percentage captioned. Quickflix TV programs and movies 0% Stan TV programs and movies 0% Watch AFL Gold Pass AFL games and related content 0%

18 APPENDIX (CONTINUED)

Table 5: Captioning on transactional VOD services, March 2015

SERVICE CONTENT PERCENTAGE CAPTIONED Dendy Direct Independent movies 0% EzyFlix Movies 0% Fetch TV movies Movies 0% Foxtel Movies on Demand Movies Box Office titles: 100% Archived titles: 0% Google Play Movies and TV programs Movies: 48% TV programs: 46% iTunes Movies and TV programs Movies: 48% TV programs: 79% Sony Entertainment Network Movies and TV programs 0% Telstra BigPond Movies and TV programs <1% Vimeo On Demand Independent movies and other content 6% Xbox Video Movies and TV programs Movies: 97% TV programs: 66%

19 REFERENCES

1 This can be downloaded from org.au/latest_news/tv-video/ 19 http://www.gizmodo.com. http://www.mediaaccess.org.au/ uk-vod-industry-has-two-years- au/2014/08/dendy-direct- tv-video/video-on-demand to-deliver-captions-or-face- australian-review/ regulation 2 http:// 20 http://www.mediaaccess. instituteforpublicrepresentation. 12 http://www. org.au/latest_news/captions/ org/wp-content/uploads/2012/12/ actiononhearingloss.org.uk/ foxtel-launches-captions-on-its- IP-Compliance-Report-Final- community/blogs/our-guest-blog/ movies-on-demand with-Appendices.pdf amazon-blog.aspx 21 http://www.mediaaccess.org. 3 http://www.multichannel.com/ 13 The statistics in this and au/latest_news/cinema/telstra- news/video/fcc-approves-ip-clip- the following paragraph are introduces-captions-on-bigpond- closed-captioning-item/375849 derived from Screen Australia’s movies report, Online and on demand: 4 22 http://theweek.com/article/ Trends in Australian online http://compare.media/ index/255618/how-netflix- video use, (2014) http://www. 23 For more information about alienated-and-insulted-its-deaf- screenaustralia.gov.au/research/ subscribers audio description and the video_on_demand.aspx campaign to have it introduced 5 http://www.broadcastingcable. 14 http://www.acma.gov.au/ to Australian television, see our com/news/washington/ theACMA/engage-blogs/engage- Audio Description webpage: ninth-circuit-allows-cnn- blogs/Research-snapshots/ http://www.audiodescription. motion-dismiss-captioning- Supply-and-demand-Catch- com.au/ complaint/129055 up-TV-leads-Australians- 6 http://www.atvod.co.uk/ use-of-catch-up?utm_ news-consultations/ medium=email&utm_ news-consultationsnews/ campaign=Online%20media%20 atvod-report-reveals-vod- in%20high%20demand&utm_ services-becoming-more- content=Online%20media%20 accessible-and-calls-for-further- in%20high%20 progress-to-be-made 15 Bodey, Michael, ‘Game of 7 http://iplayerhelp.external.bbc. Multiple Choice’, The Australian, co.uk/tv/new_iPlayer_access 24 November 2014. 16 8 http://stakeholders.ofcom.org. http://www.smh.com.au/ uk/market-data-research/market- digital-life/digital-life-news/ data/tv-sector-data/tv-access- cagey-netflix-sheds-little- services-reports/q1-q2-2014 light-on-aussie-content-says- claims-of-many-geododgers- 9 See for example http://www. exaggerated-20150107-12jk3a. medialt.no/news/en-us/audio- html description-in-england-number- 17 one-in-quantity-but-much-to- http://viewster.freshdesk. improve-in-quality/859.aspx com/support/solutions/ articles/4000009327-how-do- 10 https://tech.ebu.ch/news/ebu- i-watch-videos-with-closed- tt-subtitling-format-published-for- caption- i-18jan12 18 http://qello.com/terms_of_use 11 http://www.mediaaccess.

20 GLOSSARY

Ad-supported VOD A service supported by ads which typically run at the beginning of videos.

Catch-up TV A VOD service provided by a broadcaster, sometimes in collaboration with a partner, where the content typically includes that broadcaster’s TV programs, although it may include other content.

EBU-TT A caption file format recommended for adoption by VOD services by ATVOD in the UK.

Geo-blocking The practice of limiting access to content on a VOD service to a single geographical area. Geo-blocking may be circumvented by the use of a VPN (virtual private network).

HbbTV Hybrid Broadband Broadcast TV – a broadcast platform that integrates broadcast television with online content.

Over-the-top Refers to video or other content delivered over the internet.

Subscription VOD A service where consumers pay for content via a subscription.

Transactional VOD A service where consumers rent or buy content.

21 ABBREVIATIONS

ACMA The Australian Communications and Media Authority

ATVOD The Authority for Television on Demand (UK)

AVOD Ad-supported Video on Demand

FCC Federal Communications Commission (US)

HbbTV Hybrid Broadband Broadcast TV

IPTV Internet Protocol Television

ODPS On Demand Programme Service (a term used in the UK)

OTT Over The Top

OVC Online Video Content

SVOD Subscription Video On Demand

TVOD Transactional Video On Demand

VOD Video On Demand