Section 28 of the Broadcasting Act, 2001, requires that the national television and sound broadcasting service, maintained by RTE, shall have the character of a public service, be a free-to-air service and be available as far as is reasonably practicable, to the whole community. It is quite clear that RTE's mandate extends to catering for the whole community, including those who are deaf or hard of hearing. It is difficult to make a value judgment in relation to how RTE is meeting its mandate for groups that make up Irish society as its mandate is quite general in nature.
The 2001 Act provides a mechanism through which RTE's obligations to those who are deaf or hard of hearing may be better measured in the future. Section 19(11) of the Broadcasting Act, 2001, provides that the Broadcasting Commission of Ireland shall make rules requiring each broadcaster, including RTE, to take specified steps to promote the understanding and enjoyment of television by persons who are deaf or hard of hearing. The 2001 Act leaves it open to the commission to determine the specific steps to be employed by broadcasters and gives it power to specify the actual percentage of programming to which such steps must be applied. The preparation of rules by the commission will bring clarity to the obligation of broadcasters. As part of its recent application for an increase in the level of the television licence fee RTE gave a specific commitment to increase the incidence of programmes that would be subtitled.