Accessibility regulations

As more businesses and educational institutions expand their online presence, accessibility regulations are rapidly evolving to include web-based content. Failing to provide subtitles (or closed captions) for video can result in fines, lawsuits, and reputational damage. Below is a breakdown of key steps to help you stay compliant and sidestep legal issues.

1. Understand Your Legal Obligations

1. ADA, Section 504 & 508
   • U.S. laws generally require reasonable accommodations for individuals with disabilities, which includes accessible video content.
   • If your platform or content serves the public or receives federal funding, you likely need to provide accurate subtitles or closed captions.
2. FCC Regulations
   • Broadcast or cable programs redistributed online must comply with FCC captioning standards.
   • Fines can range from thousands to millions of dollars, depending on the extent and duration of non-compliance.
3. International Standards
   • Countries worldwide have their own rules (e.g., EU Audiovisual Media Services Directive).
   • Staying informed about local regulations can prevent cross-border legal complications.

2. Potential Consequences of Non-Compliance

1. Hefty Fines
   • Regulatory bodies (FCC, DOJ, etc.) can impose large penalties per violation or per day of non-compliance.
2. Litigation & Class Actions
   • Advocacy groups regularly file lawsuits against organizations lacking proper captions, leading to legal fees and settlement costs.
3. Brand Damage
   • News of accessibility lawsuits travels fast, potentially deterring customers and harming public image.

3. Strategies to Stay Ahead

1. Proactive Audits
   • Review your entire video library. Identify uncaptioned or poorly captioned files and correct them before a complaint arises.
2. Implement Accessibility Policies
   • Adopt formal guidelines: for instance, require all new video content to be captioned before release.
   • Train staff to include accessibility at the production stage rather than as an afterthought.
3. Use Reputable Subtitling Services
   • Automated solutions can be error-prone, risking partial or inaccurate captions.
   • Professional providers ensure consistent formatting, timely synchronization, and subject-matter expertiseif needed.
4. Monitor Regulatory Changes
   • Laws can evolve, or new rulings may set precedent. Subscribe to relevant industry updates or consult legal experts to stay informed.

4. Best Practices for Accessible Subtitles

1. Accuracy
   • Strive for 99% or higher word-for-word alignment, plus non-speech audio cues like [applause] or [phone ringing].
2. Readable Formatting
   • Keep line lengths and reading speeds comfortable (e.g., no more than 42 characters per line).
3. Multiple Languages
   • Provide subtitles in each language offered if your brand is multilingual.
4. User Control
   • Ensure players support toggling closed captions on/off and adjusting text size or style.

Frequently Asked Questions

Are automated captions enough to avoid lawsuits?

Usually, no. Automated systems often fail accuracy standards. Human-reviewed or professionally produced captions are far more reliable and less risky.

What if our budget is limited?

Prioritize high-traffic or critical videos first. Over time, phase in captions for the rest. Some organizations also explore grants or enterprise discounts for large-scale projects.

Can open captions meet all legal requirements?

Yes. Open captions (burned-in) can fulfill accessibility needs. However, they can’t be turned off, so many prefer closed captions for user flexibility.

How quickly should I fix outdated or missing captions?

As soon as possible. Promptly correcting caption issues after discovery can demonstrate good faith compliance, potentially reducing legal exposure if a complaint arises.