A DEAF ACTIVIST who alleged that RTÉ had discriminated against him by failing to provide sign language interpretation for its coverage of the All-Ireland football final in 2019 has had his complaint dismissed by the Workplace Relations Commission (WRC).
Micheál Kelliher had claimed that the national broadcaster had actively discriminated against him and, by extension, the deaf community as a whole by failing to make its programming available to everyone.
He referred in particular to the All-Ireland football final between Dublin and Kerry in September 2019, which he said was an event of national importance and indicative of RTÉ’s “ongoing discrimination against the deaf community”.
Kelliher, who was born in Kerry but moved to Dublin when he was 12, said an Irish Sign Language (ISL) interpreter was displayed on-screen only fleetingly during the national anthem that preceded the football match.
In its response, RTÉ said specific targets to promote the understanding and enjoyment of programming by the deaf community were set by an external third party under legislation.
At the time of the All-Ireland football final, the applicable targets were for 95% of programmes to be subtitled during peak times, and for 3% of programming to be supported by ISL interpretation.
The broadcaster told the WRC that it had exceeded these targets during the relevant year, prioritising the most significant cultural, political and social programming for ISL interpretation.
It accepted that the All-Ireland final was a significant event, but said the provision of ISL during live sports broadcasts presented a “significant set of challenges” because they are “fast-paced and unpredictable”.
There are also difficulties in providing a box or “bubble” in which ISL interpretation can be displayed during unpredictable live events. However, RTÉ said it is examining emerging technological solutions for this.
It is also engaged in ongoing discussion with relevant stakeholders regarding accessibility of programming for disabled persons, the WRC heard, and had strived to exceed the prescribed standards and provide an optimum level of access for all viewers.
Kelliher claimed that the 3% of programmes supported by ISL interpretation was “wholly inadequate”, and said the deaf community pay a full licence fee but only have access to a minority of programming.
In his decision, WRC adjudication officer Brian Dolan noted the efforts made by RTÉ to make content more accessible. “Unfortunately, with such endeavours, there will remain a significant portion of… programming that will not contain ISL interpretation,” he said.
Dolan stated that it would be unreasonable to expect “perfection” in RTÉ’s efforts, but found that the national broadcaster had exceeded the standards imposed on it and has sought ways to provide additional access for disabled persons.
Dismissing the complaint, Dolan said RTÉ had done all that was reasonable to accommodate Kelliher’s particular needs, and had not engaged in prohibited conduct within the meaning of the Equal Status Acts.
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