Legal subtitling requirements

As digital platforms continue to grow, legal obligations surrounding video accessibility become increasingly strict. Various laws and regulations mandate subtitles or closed captions in order to ensure that Deaf and hard-of-hearingaudiences have equal access to online media. Below is an overview of the core requirements and best practices for remaining compliant.

1. Understanding the Legal Landscape

Americans with Disabilities Act (ADA)

• Public Accommodation: Any entity that offers goods or services to the public must ensure access for individuals with disabilities.
• Online Extension: Although the ADA was originally focused on physical spaces, courts have extended its coverage to web-based services and content, including video.

Section 504 & 508 of the Rehabilitation Act

• Federal Context: These regulations apply to federal agencies and institutions receiving federal funding (e.g., universities, government organizations).
• Captioning Requirement: Both sections emphasize accessible electronic and information technology—which includes properly captioned video content.

FCC Regulations

• Broadcast & Cable: U.S. Federal Communications Commission (FCC) rules require closed captions for most televised programs.
• Online Media: When TV episodes move to online platforms, captioning rules can carry over to streaming versions.

International Regulations

• EU Audiovisual Media Services Directive (AVMSD): Encourages member states to promote accessibility for broadcasts and on-demand services.
• Country-Specific Laws: Nations such as the UK, Canada, and Australia have their own mandates for captioning and subtitling in online media.

2. Consequences of Non-Compliance

1. Legal Actions & Lawsuits
   • Companies failing to provide subtitles or closed captions may face litigation or settlement demands from advocacy groups or government bodies.
2. Fines & Penalties
   • Monetary fines can be levied for each instance of non-compliance, which can accumulate quickly for organizations with large libraries of uncaptioned media.
3. Reputational Damage
   • Non-compliance can signal a lack of inclusivity, potentially harming a brand’s standing among consumers who value accessibility.

3. Meeting Subtitling Requirements

1. Accurate Transcription & Timing
   • Subtitles must reflect spoken content and relevant sound cues (e.g., music, laughter) precisely.
   • Timing should be synchronized so viewers can follow along easily.
2. Human Quality Assurance
   • Automated captions often produce errors. Regulations typically expect human-verified or professionally edited subtitles to ensure reliability.
3. Multiple Language Tracks
   • If content is available in multiple languages, each version should be equally accessible (e.g., Spanish subtitles for Spanish-language broadcasts).
4. Platform Compatibility
   • Provide subtitles in formats compatible with major streaming platforms (e.g., SRT, VTT). This ensures viewers can toggle captions on/off easily.

4. Best Practices for Compliance

1. Plan Subtitling Early
   • Incorporate accessibility measures from the start of video production or acquisition, rather than adding subtitles last-minute.
2. Use Professional Services
   • Partner with reputable subtitling providers to guarantee consistent formatting, style, and compliance across your entire video library.
3. Monitor Regulatory Updates
   • Accessibility regulations evolve. Keep an eye on new court rulings or guidelines that may affect your organization.

5. Frequently Asked Questions

Do all online videos need subtitles by law?

Not every single video may be covered, but public-facing content from businesses, educational institutions, or government sites typically falls under accessibility regulations. Err on the side of providing subtitles to stay inclusive and avoid potential liability.

Are automated subtitles acceptable for compliance?

In most cases, no. Automated solutions can have high error rates, which can undermine the accuracy standard expected by the law. Human verification remains the benchmark.

What happens if I only include subtitles in one language for a multilingual video?

If you release content in multiple languages, you should provide subtitles for each language edition. Failing to do so may be seen as excluding viewers who rely on that version.

How can I ensure my existing library meets regulations?

Conduct an accessibility audit to identify uncaptioned or poorly captioned videos. Prioritize popular or high-impact content and work systematically to bring it up to compliance.