Channel 4 response to Ofcom’s further consultation on making on-demand services more accessible Executive Summary Channel 4 has a strong commitment to access services and has consistently pushed boundaries and driven change both internally and across the wider sector to ensure that TV content is as accessible and inclusive as possible. We support the objectives set out by Ofcom to make access services more widely available on on- demand platforms, however we remain concerned that introducing new, blunt, quotas at this moment is problematic given the complexity of the rapidly changing VOD market. As a result we are concerned that the regulations as currently proposed will not only impact upon PSBs ability to compete with global streaming services but could also have a number of unintended and negative impacts on provision for access service users, including reductions in both our linear provision and in the level of AD and subtitles on All4. These concerns stem from a number of key issues with Ofcom’s proposed approach: • It risks limiting On Demand Programme Services (ODPS) providers ability to prioritise investment. Investment in access services on VOD is clearly important, but should be driven at a rate that reflects viewing habits and enables ODPS providers to focus resources where they will provide greatest benefit for access services users. • Quotas based on an ODPS providers catalogue size are fundamentally flawed in terms of Ofcom’s proportionality requirement and disincentivise large content libraries which are key to competing with the global streaming services for audiences. As the UK’s largest free streaming service Channel 4 is disproportionately affected by the changes. • The signing requirements and their timeframes do not take into account issues with the capacity of access service providers, the availability of appropriate sign interpreters and the preferences of the BSL audience. Given the high cost of signing it is vital that proposals are based in evidence on audience benefit. • The proposals are based on a number of flawed assumptions about efficiencies, the level of control ODPS have over some platforms and the nature of BVOD services. To address this we believe a highly nuanced regulatory approach is required and in particular it is very important within this phase of consultation to get the details of implementation right. In particular we would ask that: • Ofcom consider mechanisms for ensuring that ODPS providers are not penalised for having a large content library relative to their overall revenue or for acquiring large volumes of VOD only content so that new regulations do not inhibit innovation or damage PSBs ability to compete with large global streaming services. • Ofcom looks carefully at the issue of technical difficulty and exemptions on this basis and ensure they take account of the timeframes involved in developing bespoke solutions for multiple platforms and that evidencing ‘reasonable endeavours’ is not unduly burdensome on ODPS providers. • Quotas for subtitling and AD are applied flexibly across platforms not prescriptively on every non- exempt platform to reflect the realities of platform development and requirements around how frequently providers are required to refresh content on their service are not implemented at present. • Quotas for signing are phased over the 4 year introduction period and take into account issues around capacity and audience benefit. Alternative arrangements support the current BSLBT model and take account of where ODPS providers have already paid into this system for linear channels. 1 Introduction Channel 4’s approach Channel 4’s public service remit is at the heart of all that we do, providing the framework for how we operate creatively and commercially. We have a firm commitment to inclusion and have been working hard to increase and improve our provision of access services both on linear and on our on-demand services. Driving progress in this area is central to our role as a champion of diversity and inclusion and key to our remit to innovate and inspire change. We are constantly looking to push boundaries, find innovative and creative solutions and drive change. Over recent years Channel 4 has invested considerable time and resource into improving and increasing our provision of access services: this has included voluntary commitments to over-deliver on our formal licence obligations on our core linear services and pioneering access provision on our on-demand services. We are doing this within an extremely complex and ever-changing environment where technological developments mean that considerable time and resource are required just to maintain our current level of access services provision on our ODPS. The technical complexity involved in delivering access services across multiple bespoke solution platforms, and the limited efficiencies both across platforms and when repurposing access services from linear to VOD, means that our investment in ODPS access services far outweighs our investment on linear, despite the linear audience currently still being greater than that on BVOD. Our approach to date has focussed on targeting resources where they will have the greatest benefit for audiences and do the most to drive social inclusion. All of this work has been informed by regular engagement with user groups, including an access services audience survey on channel4.com which was promoted on air and received 1816 responses, providing valuable insight into where we could improve our services. Linear TV provision On linear TV, we have a strong track record in exceeding our quota obligations – in 2011 making a public voluntary commitment to subtitle 100% of our programmes across all of our channels. we have always exceeded all of our quotas across subtitling, signing and AD. For those with hearing impairments, we achieved 100% of subtitles on our programming across Channel 4, E4, More 4, 4Seven and Film 4 for the ninth successive year. For BSL audiences we continue to develop our sign zone on All4 which includes a selection of signed boxsets including all series of ‘Friday Night Dinner’, ‘The Inbetweeners’, ‘This Way Up’, ‘Game Face’, and ‘Derry Girls’. Throughout the coronavirus crisis we have worked to provide signing on almost all of our coronavirus current affairs programmes as well as a range of our lockdown academy programming, including Grayson Perry Art Club, Jamie’s Keep Cooking and Carry On, Richard and Judy’s Book Club and Kirstie’s Keep Crafting and Carry On. For Film4, More4 and 4Seven, we have alternative arrangements whereby we support the British Sign Language Broadcasting Trust (BSLBT). The alternative arrangements provided by the BSLBT model are an established and important part of the linear regulatory regime and play a vital role in serving Deaf BSL speaking audiences. Channel 4 plays an important role in the functioning of the alternative arrangement system. As well as making a significant financial contribution to the BSLBT, we provide a designated slot to show their sign-presented content every Monday morning at 8am on Film 4. This arrangement ensures that the BSLBT content funded by contributing broadcasters is regularly broadcast on a mainstream channel with significant reach, supporting BSLBT in delivering their Ofcom requirements and making up a significant proportion of views of BSLBT content. As our linear channels are 100% subtitled, it also provides the only platform where this content is always broadcast with the option of subtitles, broadening the inclusivity of 2 the content and enabling BSL speakers to enjoy it with non BSL speaking family or friends. The new regulations on ODPS will only make the alternative arrangement system and the service provided by BSLBT more important and Ofcom must be careful to ensure the new regulations strengthen rather than undermine the BSLBT model. For those with visual impairments, we have made particular progress on Audio Description (AD), with around 40% of programmes audio described on every channel, more than any other broadcaster and well above our 10% requirement. And we are proud that 76% of programmes on E4 have AD, making it one of the most audio described channels in the world. We want to raise awareness and lead innovation around AD, and over recent years we have worked with the RNIB, Ofcom, broadcasters and advertisers on awareness raising campaigns. We are working hard to overcome a variety of challenges around accessibility and we have had a number of firsts over recent years. We are the only broadcaster airing foreign language drama series with audio description and spoken subtitles in English. We first achieved this with Deutschland 83 in January 2016 and have since gone on to do so with 12 further Walter Presents boxset foreign language dramas which are available on All 4. We also worked to overcome obstacles to see hit show Gogglebox audio described for its first transmission on Channel 4 at 9pm, ensuring one of our key programmes is accessible on the first showing. This was an important achievement, as, because of its nature, the programme is filmed, edited and delivered to Channel 4 very close to transmission. Audio describing this content in such a tight time frame is very challenging and achieving this required a great deal of resources, and collaboration with commissioning and our wider teams. However as the content is both extremely topical and popular we felt it was particularly important to overcome the challenges in proving AD on first showing. This is an example of where we have prioritised providing AD for a programme that is particularly difficult and resource intensive, on the basis that we believe doing so has a particularly high value for our visually impaired viewers and has a significant impact on inclusion. Gogglebox’s huge popularity during lockdown has only served to reinforce why this was worthy of prioritisation. These examples illustrate the important point that it is not only the quantity of programmes, but the type and range of programming that matters when it comes to inclusivity.