Executive Order on the accessibility of programme activity under licence and registration for persons with disabilities

Executive Order 944 of 18 June 2020 is made under section 48(2) of the Radio and Television Act. Section 48(2) of that Act requires the Minister for Culture to lay down provisions that make programme activity gradually more accessible to persons with disabilities by proportionate measures. The Order implements parts of Directive 2018/1808/EU, which amended the Audiovisual Media Services Directive.

Section 1(1) applies the Order to providers of television and on-demand audiovisual media services under Danish jurisdiction that are covered by chapter 8 of the Radio and Television Act, which governs programme activity under a licence or registration. Section 1(2) excludes the public service programme activity of DR, TV 2 DANMARK A/S and the regional TV 2 companies, and the public service programme activity under section 11(2) of the Radio and Television Act.

Section 1(3) sets their accessibility obligations in their public service contracts and licence. Section 1(4) sets accessibility conditions for the public service programme activity of section 11(2) of the Radio and Television Act in the permits that the Radio and Television Board grants after tender. Section 2(1) requires a provider to make its programme activity gradually and continuously more accessible to persons with disabilities by proportionate measures.

Section 2(2) names as measures sign-language interpretation, subtitling for deaf and hard-of-hearing viewers, read-aloud subtitles and audio description. Section 3(1) requires a provider to submit action plans to the Radio and Television Board that state how it will seek to meet section 2, and the plans apply as a rule for three years. Section 3(2) requires account to be taken of technological development, user needs, usefulness and resources in choosing the measures offered.

Section 3(3) has the Board assess whether an action plan can be noted or needs changes. Section 4(1) requires a provider to report regularly to the Board on carrying out the action plans. Section 5(1) makes the Radio and Television Board (Radio- og tv-nævnet) the supervisor of the action plans, the accessibility measures and the reporting. Section 5(2) has the Board issue a formal reprimand (påtale) for a breach of the rules.

Section 5(3) lets the Board decide whether the rules are complied with. Section 6(1) has the Board hear complaints about whether a provider has put accessibility measures in place. Section 6(2) makes information and guidance on the rules, and on the complaint route, available at an easily accessible online contact point on the website of the Agency for Culture and Palaces (Slots- og Kulturstyrelsen).

Section 7 lets the Board require a provider to supply information, documents and written statements about its operations. Section 8 refers to section 50 of the Radio and Television Act, under which the Board may withdraw a programme licence temporarily or permanently, or suspend or end programme activity, if the provider grossly or repeatedly breaches the Act or rules made under it.

Section 93(1), item 7 of the Radio and Television Act punishes with a fine anyone who disregards a decision to suspend or end programme activity under section 50(2) or (3). Section 9 brought the Order into force on 1 July 2020.