How many of you have sat in front of the TV? You start with Netflix, go through what they have on offer but nothing interests you. So you go to Stan, same thing. You try Disney, nah, nothing tickles your fancy. So instead you try free to air TV. You channel hop the various channels and finally find something that you like. But its not captioned. It’s very frustrating.

In Australia we have five traditional channels, 2,7,9 10 and SBS. Around 2001 Australia introduced digital TV. It was rolled out over a number of years until finally in 2013 the old analogue TV was switched off. With digital TV came an influx of new channels. Many are linked with the old traditional channels like 7+, 7 MATE and so on. There are over 70 channels to choose from.

When digital TV started proper in 2013 the Australian Human Rights commission gave these new channels an exemption to having to provide compulsory captioning. Supposedly to give them time to get set up properly and factor in the cost for the set up. The exemption was supposed to have lasted 5 years. It is now 2025. Some 12 years later these channels are still exempt.

Let’s take a trip down memory lane. Let’s go back to the old Teletext decoder boxes when the only captions available were basically on Neighbours and Home and Away and a couple of old movies. Later 60 Minutes introduced captioning. Deaf and hard of hearing watchers got extremely frustrated with 60 minutes because they sometimes only captioned one story and not the whole show. When Deaf and hard of hearing watchers complained about this, 60 Minutes just stopped captioning the show altogether. Those were the days.

I remember we had a captioning lobby group that lobbied hard to increase captioning access on TV. Gradually over the years the Australian Human Rights Commission compelled the five traditional channels to increase their captioning. My memory is vague but improvements happened in stages. All news had to be captioned, the children’s TV between 4pm and 6pm. Then all shows between 6pm and 10pm had to be captioned, then it was 75% of all shows.

I am not sure where we are at now, but virtually every show on the five traditional channels is captioned. But not the new digital channels. They are still exempt, It is really not good enough.

Recently a friend of mine got frustrated and decided to make a complaint about this lack of access the the now only newish digital channels. They complained to the Australian Human Rights Commission. They were well aware that the channels are exempt, but come on! They have basically had since 2001 to get their shit together. It’s time!!!

And this is where it gets interesting. The Australian Human Rights Commission acknowledged the receipt of the complaint BUT ….. This is what they had to say,

“Please note that due to a large increase in complaints received and resource constraints, there may be a delay in actioning the complaint(s) of more than 6 months. The Commission will try to action the complaint(s) as soon as possible. Please note that the respondent(s) will only be notified of the complaint when the Commission is able to action the complaint(s).“

Now that’s just part of a long letter they sent which outlined that they had heaps of complaints and basically could not keep up with them so it is likely there will be a long delay. Oh, to be disabled in Australia in 2025, what fun!

It’s ridiculous. Imagine that you are being discriminated against at work or you cant get support the get access to study at a private training provider. You approach the Australian Human Rights Commission who say, “… Thanks, see you in six months or so. Don’t call us, we will call you. Meanwhile, you lose your job or your place in the training because nothing can be resolved. It is mind boggling.

Apart from the fact that it takes forever to have a complaint heard, who you complain about has no obligation to come to the table. So after six months or so of waiting, its quite possible whoever the complaint was about can respond to the complaint with a big middle finger.

The complainee will then only have the option to take them to court at great expense. Please don’t say its capped at $20k. It is, but lets be real, 45% of people with a disability live in poverty, how many can risk $20k if they do not win their case?

The recent Disability Royal Commission into Abuse and Neglect of People with a Disability recommended that Australia’s disability laws be reviewed. I believe the Government has accepted this recommendation and will review Australia’s disability law. One of the only 17 recommendations that they accepted from over 200 recommendations.

The review needs to strengthen Australia’s disability law. The Disability Discrimination Act was introduced in 1992. In its life it has offered people with a disability some protection but not a lot. It’s long past reform. It’s a cumbersome and drawn out legislation that makes people with a disability jump through hoops to get their rights upheld. Like with captioning on the newish digital free to air channels – IT’S TIME.

Just don’t hold your breath!!