I got an email the other day at work about Lovefilm and the lack of subtitles for deaf people who sign up to their online film streaming service.
A father of a deaf daughter was angry that she wasn’t able to watch any films online with subtitles. It quickly became apparent via Twitter that this wasn’t an isolated issue and that loads of other similar companies are equally poor. Another example of access failing to keep pace with technology and incredibly frustrating.
I would say that Lovefilm and other companies that fail to provide full access to deaf people are acting unlawfully under the Equality Act 2010. Their defence? Lovefilm would probably use the get-out clause that it would be an “unreasonable burden” on them to provide access. Ultimately, someone would have to take Lovefilm to court so that a judge could decide who was right.
In the meantime, there are a few things that can be done to make a fuss about this.
1) Complain. If your beef is with Lovefilm, you can contact them via their website. You could ask them to justify why they don’t provide access and whether they think they are acting lawfully under the Equality Act 2010. Other companies should have a “contact us” page on their website tucked away somewhere. If lots of people complain, this will start to get noticed internally.
2) You could also raise with the Equality and Human Rights Commission – who can look into companies that are not complying with the Equality Act.
3) Ofcom are responsible for regulating telecommunication companies and setting access requirements. For example, they require mainstream TV companies to provide a certain level of access according to their size. Currently, they don’t (I think) regulate online TV or media access. But you should certainly feel free to tell them you think they should.
4) Finally, tell the Government to sort it. The relevant Ministry is the Department for Culture, Media and Sport. A new Communications Bill is expected soon-ish and this offers an opportunity to get the law changed on things like online access, if enough people say it’s needed.
I’d be really interested to hear any other nightmare stories or how others have got on when making complaints like this. Or of any solutions that people have stumbled across.
Ian Noon has been profoundly deaf since birth, giving him an interesting perspective “on what needs to change for deaf children and young people in the UK. It also means I have very questionable taste in music.” When he’s not stealing the biscuits in the office, he runs, does yoga and plans his next backpacking holiday. He works for a deaf charity but his views expressed on his blog and here, are his own.
Rob
March 1, 2012
I have already complained about Love film and Netflix direct…..got some emails back, but they dont understand the EA2010 or even heard of it!…….Just so you are aware USA Lawyers are now taking Netflix to court under their laws. So it is beginning. I have written to READ HEAR and suggested that our organisations ought to be more proactive and employ professional lawyers to take on cases like this to prove breach of laws……UK is so way behind in terms of taking positive actions and endless so called “deaf awareness approach tactics” it is not working. It is now 21st Century and we need to stop and rethink our Long term aims to force companies and Government to take EA2010 and etc seriously. I think it is sad that a deaf child today is still suffering lack of equal access to basic rights and gets upset by this despite our technology and huge advances.
Smarty
March 1, 2012
I have another beef with LoveFilm. They don’t bother stating whether some of their DVDs actually have subtitles or not. When I contacted them about it a couple of years ago, they simply said that if the description of the DVD did not mentioned whether it had subtitles or not, I shouldn’t rent it out. But if I had followed their advice I would have missed out on loads of films which DO have subtitles. They simply didn’t bother stating it.
And that’s certainly not an unreasonable burden for them. I should have taken it further really.
sara
March 1, 2012
I joined LoveFilm so my son could see the films he couldn’t see at cinema but like the other poster we have had a few films that have arrived and not even had subtitles. I spoke to Netflix and asked how many subtitled films they would have in UK and the reply was “i dont know you could join and then trawl through and try and find out!?’ (I didn”t). I did download a film from itunes that had subtitles as you can search for captioned films BUT they are so limited we found 2 we hadnt already seen.
It will be interesting to see what happens in US re Netflix and I will definitely contact them again quoting EA2010 and carry on waiting………………………..
Michelle
March 2, 2012
I continually contact Tesco DVD rental over the same issues of incorrectly indicating (or not) whether dvds are subtitled with no success. They simply say it is not their responsibility! I even offered to help them on this subject which was refused!
When Netflix and Lovefilm introduced their streaming service, I contacted both re subtitles. Netflix have yet to respond, and Lovefilm say its not in their remit currently!
I bought an internet tv 18 months ago and then discovered that NOTHING was available with subtitles, not even things like BBC iplayer or ITV Player which do offer subs online! Again contacting them gets nowhere, so I have a tv with extra channels that I cannot view 🙁
straydogstrut
March 3, 2012
I agree with the comment about not being able to tell if the film is subtitled before getting it. This is a major frustration for myself and my partner. I upgraded our Lovefilm subscription to the unlimited one just so that we could try out streaming films to see if they have subtitles without wasting our monthly allowance, but why should we? It’s not difficult to show this information in the film description!
We mostly watch the DVDs they send through the post as they usually seem to have subtitles, however it seems ridiculous that you cannot view the same films subtitled online.
I’ve been looking at Netflix recently with all the advertising that’s going on at the moment, but from the sounds of it, they don’t have much subtitle coverage either. Considering that the dvds are shipped with subtitles, and that to put the film online these companies must be given access to the footage itself, why can they not put the subtitle track online too? In this day and age, with so much media provided digitally, providing basic subtitles should be a minimum standard. Captions would be even better.
iheartsubtitles
March 7, 2012
Well I too have just bought an internet TV. I’ll be honest I’ve not had time to check the features on it but from the depressing comments above it sounds like I’m not going to get much use out of it yet if I want subtitles or captioning available to me (which I do).
Jamie
March 14, 2012
I have tried Netflix, and can confirm that they do indeed have subtitles for the majority of their films and shows – though not all of them. I’ve been using the service through apple TV and it works very well. Interestingly, I started watching the TV series of “Californication” and the first two series has subtitles and then all of a sudden they just stopped from the beginning of series 3 onwards. You can imagine my frustration of not being being able to finish the series! So the technology is there, the subtitles are mostly available and it works very well. It’s just shame that their film selection and portfolio is so poor that there is barely anything i actually want to watch!
As for Lovefilm, its a joke and a embarrassment that they don’t provide subtitles with online streaming. Sort it out! If Netflix can do it, so can Lovefilm. Period.
Editor
March 14, 2012
I’m just wondering Jamie, are you based in the UK or the US?
whatyouget
September 15, 2013
There will be one coming out in the new year, it’s Films14: https://www.facebook.com/Films14