NAD Update on Captioning Censorship
February 2004

By Kelby N. Brick, Esq.
Associate Executive Director
Law and Advocacy Center
National Association of the Deaf (NAD)

Much has happened since last October when the National Association of the Deaf (NAD) urged President Bush to overturn a recent decision by the U.S. Department of Education to declare almost 200 television shows inappropriate for captioning by the Department's Technology and Media Services for Individuals with Disabilities program. According to NAD President Andrew J. Lange, the Department's action is government censorship and contradicts President Bush's promotion of family values and parental accountability. For further information go to: NAD Letter to President Bush.

Since then, the NAD has been working with the National Council on Disability (NCD Website) to have the Department reverse its decision. NCD member Dr. Robert Davila and NCD General Counsel/Director of Policy Jeffrey T. Rosen have worked hard to address this issue. In December, the NCD sent a letter to Secretary of Education Roderick Paige urging him to take action to reverse the Department's decision. For further information go to: NCD Letter to Secretary of Education Roderick Paige.

A summary of the NAD and NCD efforts can be found at: NAD and NCD Summary.

The NAD continues to communicate with Congressional members and staff urging them to take action on this issue. We have been told that that they need to hear from individuals. Accordingly, you are urged to write a letter to your local and state Congressional representatives and express your opinion in regards to the U.S. Department of Education's decision.

Things are now heating up and attracting a lot of media coverage. You can get an updated list of stories in the media about this issue at: Media Coverage.

Frequently asked questions and responses are as follows:

1. What exactly is being censored?

For many years, the U.S. Department of Education has provided competitive grant awards for closed captioning of broadcast programming to captioning agencies. Those agencies were required to create Consumer Advisory Boards (CABs) and other feedback mechanisms that assist in selecting "educational, news or informational" programs for captioning. Those mechanisms were approved by the Department and were fair because it allowed consumers to decide what was appropriate.

Apparently the Department did not like some of those selections, which included numerous documentaries and certain other types of programming. Accordingly, the Department is overriding the CABs to censor access to certain television programs for 28 million deaf and hard of hearing people. To date, nobody outside the Department knows the criteria being used to reach those decisions-and the Department isn't talking.

2. Does the NAD receive any funding from this program?

No. The Department issues competitive grant awards to captioning agencies specifically for captioning of certain types of broadcast television programming.

3. Is this a cut in captioning funds?

No. The Department asserts that they have not made cuts in captioning funds for broadcast television programming activities. What has apparently happened is that the Department has overridden the recommendations of captioning agency CABs on what television programs should be captioned. The Department is deciding what programs should not receive any captioning funds-hence the term "censorship." The Department has not revealed any new definitions for "educational, news or informational" programming, nor are they identifying the person or persons who are making the censorship decisions or the criteria for such decisions.

4. Doesn't the Federal Communications Commission (FCC) already require programs to provide captions anyway?

Yes, but FCC rules apply to approximately 75% of new programming that will increase to almost 100% in 2006. Only 30% of older programs being shown again (reruns) must be captioned and that number will go up to 75% by the year 2008. There is no rule to require 100% captioning of reruns. The requirements for Spanish language programming are even later. For more information about the FCC rules on closed captioning, please visit the NAD Website.

Clearly, there are a lot of shows that are not being captioned. The Department's funding is critical for captioning shows that are not covered by the FCC rules.

5. What can we do to help fight this?

You can contact your state Senators or Representatives at the Congressional Directory Website.

The easiest way to find your Senator or Representative on this website is to:

a. Insert your zip code, and then press "Go." b. Click on your "email" under your Senator. c. Select "Compose Your Own Letter" then click on "Next step." d. Write your letter and explain what you think of the Department of Education's censorship decision-and what you want to see happen. Then click on "Next step."

You are also encouraged to contact your local media, newspaper and television station and inform them of this issue and request a news story.

We depend on concerned individuals such as you to stand up for the civil rights of deaf and hard of hearing individuals, to ensure that these are not being trampled upon. You can help out by making sure you're a member. Join the NAD online at the NAD Website.

Onwards and Upwards! Kelby

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