Directive (EU) 2019/882 [1], also known as the European Accessibility Act, aims to improve the accessibility of products and services in the European Union by ensuring that people with special needs can achieve greater social and economic integration.
Directive 2019/882 is clear on the divergence of measures currently adopted by Member States, which contributes to unavoidable barriers in the internal market. Harmonisation of accessibility requirements will allow economies of scale for economic operators operating in more than one Member State.[2]
Directive 2019/882 complements Directive (EU) 2018/1972[3], which already provides for equivalence of access and choice for users with special needs.
In Portugal, Directive 2019/882 was transposed into national law through Decree-Law 82/2022[4]. This Decree-Law establishes minimum accessibility requirements for various products and services, including audiovisual communication, thus promoting more inclusive access to audiovisual content.
1. Accessibility requirements
Service providers[5] have certain obligations to ensure that their services comply with accessibility requirements.
Providers must make available to the public, in a form accessible to persons with special needs, both in writing and orally, and for as long as the service is available, information on how their services meet the applicable accessibility requirements. To this end, it is essential to ensure that procedures are in place to ensure that the provision of services meets the applicable accessibility requirements, taking into account any changes in the characteristics of the services and technical reference specifications.
With regard to monitoring, if a service is found to be non-compliant, the provider must take the necessary corrective measures to ensure compliance and inform the competent national authorities of the Member States in which it provides the service (i.e. ANACOM - the national regulatory authority in Portugal for communications, the ERC - the Portuguese regulatory authority for the media). The provider must also produce, on request and for duly substantiated reasons, the information and documentation necessary to demonstrate the conformity of the service in Portuguese.
2. Impact on audiovisual media services
The implementation of Decree-Law 82/2022 will require significant changes in audiovisual content in Portugal. From the outset, broadcasters and media platforms will have to ensure that an increasing number of TV programmes and films are captioned for people with hearing impairments. In addition, audio description services must be made available to visually impaired people to enable them to follow the content through additional audio descriptions.
The systems and interfaces of TVs and streaming platforms also need to be adapted to make them more accessible. This includes features such as simplified navigation, automatic menu reading and voice commands to facilitate use by people with motor or visual impairments. This requirement is particularly relevant for services with a large audience in Portugal.
The implementation of Decree-Law 82/2022 will pose several challenges for the audiovisual sector in Portugal. These include:
However, the need to adapt products and services can stimulate technological innovation and the development of new accessible solutions that benefit the whole population.
3. Application of Decree Decree-Law 82/2022
In Portugal, the ERC plays a key role in monitoring and ensuring compliance with accessibility obligations by operators of on-demand television and audiovisual services.
However, some of these obligations are burdensome and difficult for operators to implement, affecting the quality and interest of content for the general public. Moreover, they do not reflect the technical and market conditions of the sector, as required by Article 34a of the Law on Television and On-Demand Audiovisual Services.[6]
Decree-Law 82/2022 provides for an initial adaptation period of about two and a half years, with effect from 28 June 2025 for services provided to consumers.
The (short) implementation period makes it difficult for operators to adapt, as they need significant time and resources to comply with the new requirements. In this context, cooperation between broadcasters and the regulator could be important in assessing the best way to implement accessibility measures, given the operational and financial difficulties facing the sector.
4. Conclusion
Directive (EU) 2019/882, transposed into Portuguese law by Decree-Law 82/2022, represents an important milestone in the promotion of accessibility and inclusion in the European Union. In Portugal, its impact will be particularly visible in the audiovisual communication sector, where the adaptation of content and services to these new requirements will require a joint effort from all stakeholders.
Rethinking the digital accessibility of many products and services may in many cases require a complete redesign of technological solutions. From this perspective, the earlier the change begins, the greater the legal certainty for operators.
1 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services, available here.
2 Recitals 28 and 29 of Directive (EU) 2019/882.
3 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (Recast), available here.
4 Decree-Law 82/2022 of 6 December, concerning the requirements of accessibility of products and services, available here.
5 These obligations do not apply to micro-enterprises, i.e. enterprises with fewer than ten employees and an annual turnover or balance sheet total not exceeding €2 million.
6 Law 27/2007, Law on Television and Audiovisual Services on request, available here.