GAZETTE NOTICE NO. 6964

NOTICE is given to the general public that pursuant to the Kenya Information and Communication Act, 1998 (as amended), Regulation THE KENYA GAZETTE 13th July, 2018 2144 2144 36 (1) (2) of Kenya Information Communication (Broadcasting) Regulations, 2009, the Communications Authority of Kenya (“the Authority”) issues notice prescribing additional requirements to be complied with by licensed broadcasting services providers as part of their licence conditions in order to enhance accessibility of broadcasting services to Persons with Disabilities (PWDS) effective from the date of this gazette notice. These requirements are in addition to the current licence condition requiring broadcasters to implement closed captioning, subtitling and sign language inserts during news and current affairs programmes, emergency announcements and during programmes of national interest. 1. These requirements shall apply to the following categories of broadcast service providers as provided in Regulation 11,12,13 and 14, respectively: 1.1. Public broadcaster 1.2. Commercial free to-air television broadcasters 1.3. Community television broadcasters 1.4. Subscription Broadcasting Service Provider 2. Exclusion criteria for certain programmes and broadcasters The Authority may, upon consideration of application by affected licensed broadcast service provider and associated justification provided, determine whether to exclude programmes or TV channels from this requirement on the below criteria. 2.1. Excluded programmes In considering exclusion of programmes and services from the said accessibility requirements, the Authority will have regard to— (i) the extent of the benefit which would be conferred by the provision of the assistance for disabled people in relation to the programmes; (ii) the size of the intended audience for the programmes; (iii) the number of persons who would be likely to benefit from the assistance and the extent of the likely benefit in each case (iv) the number of persons who are likely to benefit in each case; and (v) the cost, in the context of the matters mentioned in paragraphs (i) to (iv), of providing the assistance. 2.2. Other exclusions. Other television services that may be excluded from the requirement to provide accessibility to pwds are— (i) those comprising advertising only, for example, a shopping channel; and (ii) those service providers based in foreign countries though duly licensed in Kenya. 3. Requirements for Subscription Broadcasting Service providers In accordance with Regulation 14, licensed subscription broadcasting services providers shall be required to enable accessibility to broadcasting services by PWDS by enabling accessibility option at the Consumer Premise Equipment (Set Top Box (STB), decoder or Integrated Digital Television (IDTV)) level. The Subscription Service Provider shall therefore ensure that the STB/IDTV gives the consumer the option to enable closed captioned, subtitling and signing by use of Remote Control of the Television/STB as appropriate. 4. Percentages of PWD accessible programming over time Table 1: Public Television Broadcaster Timeline Condition Within 1 year of effective date • Ensure 100% signing during news and events of national importance • Insert audio descriptions when relaying emergency information and announcements of public interest • 100% signing in emergency announcements Timeline Condition Within 3 years of effective date • Insert captioning in at least 60mins per week of other programming aired during the watershed period Within 5 years of effective date • Insert captioning in at least 120mins per week of other programming aired during the watershed period • Ensure captioning in at least 50% of advertising By year 7 after effective date • Insert captioning in at least 180mins per week of other programming aired during the watershed period. • Ensure captioning in at least 75% of advertising Table 2: Commercial and Community TV Timeline Condition Within 1 year after issuance of licence or effective date, whichever is later • Ensure 100% signing during news and events of national importance • Insert audio descriptions when relaying emergency information and announcements of public interest • 100% signing in emergency announcements Within 4 years after issuance of license or effective date, whichever is later • Insert captioning in at least 60 mins per week of other programming aired during the watershed period Within 6 years of license issuance or effective date, whichever is later • Insert captioning in at least 120 mins per week of Other Programming aired during the watershed period • Ensure captioning in at least 50% of advertising By year 8 after issuance of licence or effective date, whichever is later • Insert captioning in at least 180 mins per week of other programming aired during the watershed period. • Ensure captioning in at least 75% of advertising Notes: • ‘Other Programming’ excludes news bulletins, current affairs, events of national importance, sports, reality, music and advertising. • Effective date is date of gazettement of these requirements. • The Authority shall, by subsequent Kenya Gazette notices, require licensed broadcasting service providers to comply with additional requirements necessary to make broadcasting services more accessible to pwds, as may be prescribed from time to time. Dated the 27th June, 2018. FRANCIS W. WANGUSI, PTG No. 111/18-19 Director-General.