The Legal Case for Captioning: Why Compliance Matters

What Are the Legal Implications of Not Providing Captions?

Ensuring accessibility for all is no longer optional—it’s a legal obligation in many parts of the world. One area often overlooked by content creators, educators, and businesses is captioning video content. The absence of captions cannot only alienate audiences but also lead to serious legal consequences. This short guide explores the legal implications of failing to provide captions and offers actionable insights to help you avoid potential penalties.

Common Questions:

  • What are the laws governing the need for captions?
  • What legal consequences can businesses face for non-compliance?
  • How can proactive captioning benefit businesses beyond legal compliance?

Key Captioning Accessibility Topics

Overview of Accessibility Laws and Regulations

Countries worldwide have implemented regulations to ensure that content is accessible to individuals with disabilities. In the United States, for example, the Americans with Disabilities Act (ADA) requires businesses and public entities to make their content accessible. This includes adding captions to video content for individuals who are deaf or hard of hearing.

Other significant laws include the 21st Century Communications and Video Accessibility Act (CVAA) and the Web Content Accessibility Guidelines (WCAG), which set international standards for online accessibility.

By failing to comply with these regulations, organisations expose themselves to legal risks, including lawsuits and fines. It’s crucial for legal teams and media professionals to familiarise themselves with these regulations to avoid potential liabilities.

Accessibility laws have evolved significantly over the years, with most jurisdictions now requiring organisations to ensure that their digital content is accessible to everyone, including those with disabilities. In the U.S., the Americans with Disabilities Act (ADA) mandates that businesses and government entities make their services, products, and content accessible to individuals with disabilities. This includes captions for video content, as they are a critical component of accessibility for people who are deaf or hard of hearing.

Other important regulations include the 21st Century Communications and Video Accessibility Act (CVAA), which specifically focuses on ensuring that modern communication tools, such as internet streaming and video services, meet accessibility standards. The CVAA enforces captioning requirements for online video content, particularly when it has aired on television with captions. Failing to comply with such laws can result in financial penalties and tarnish the company’s reputation as an inclusive business.

The Web Content Accessibility Guidelines (WCAG) serve as a global benchmark for online accessibility. While WCAG is not legally binding in itself, many countries have adopted its principles into their national laws. For example, the European Union’s European Accessibility Act references WCAG standards in its requirements for online content. Legal teams must stay informed about these regulations, as the landscape continues to evolve, placing increasing responsibility on content providers to offer accessible solutions.

Legal Consequences of Non-Compliance

Not providing captions where required can result in significant financial and reputational damage. Several cases have made headlines where companies, including prominent media outlets, faced legal action for failing to provide captions. For example, Netflix was sued for not captioning its online streaming content, ultimately leading to a settlement.

Penalties for non-compliance with accessibility regulations vary depending on the jurisdiction but can include:

  • Financial fines
  • Mandatory corrective action
  • Legal costs from lawsuits

Moreover, being labelled as an organisation that fails to prioritise accessibility can harm a company’s reputation, affecting customer trust and loyalty.

Failing to meet captioning standards can lead to severe legal consequences for organisations, particularly those operating in sectors where video content is a critical part of their services or communications. Netflix, for example, was sued by the National Association of the Deaf for failing to provide captions for a significant portion of its online video library. The result was a substantial settlement, which included a commitment to caption all videos on the platform. The case served as a landmark moment, emphasising the importance of accessibility compliance.

Legal consequences can take many forms, from financial penalties to compulsory corrective actions that require businesses to retroactively add captions to their entire video catalogue. Fines can escalate depending on the duration of non-compliance and the scale of the content involved. In many cases, businesses may also face public lawsuits that can damage their reputation, leading to lost revenue from clients or customers who prioritise accessibility and inclusivity.

In addition to direct legal actions, non-compliance can result in internal costs. If a company is sued for failing to provide captions, legal fees and the resources needed to fix the issue can far exceed the costs of implementing captioning solutions proactively. Moreover, businesses risk damaging their brand image, which can have long-term implications for customer loyalty and trust.

captioning laws

Benefits of Proactive Captioning Compliance

While compliance with accessibility laws is necessary, there are additional benefits to proactive captioning. For one, it broadens your audience. Captions are not only for people with hearing impairments but also for individuals in sound-sensitive environments or non-native speakers who benefit from reading along.

Furthermore, captioned videos are more likely to rank higher on search engines, as the text within captions is searchable, improving SEO performance.

Using the best captioning software or reviewing a captioning tool comparison can help ensure that you choose the right solution for your needs.

Proactively adding captions to video content doesn’t just ensure legal compliance; it also offers several valuable business benefits. For one, captioning makes your content more accessible to people with hearing impairments, a population that is often underserved in online spaces. 

This inclusivity expands your potential audience and opens the door to new markets, particularly in regions with strong accessibility legislation.

Another key benefit is enhanced search engine optimisation (SEO). Captioned videos are more likely to rank higher on search engines because the text within the captions can be indexed by search algorithms, improving discoverability. Videos with captions provide more relevant metadata, which allows search engines to understand the content more thoroughly and present it to users looking for related topics.

Proactive compliance also reduces the risk of costly legal battles or settlements. By investing in high-quality best captioning software or thoroughly reviewing a captioning tool comparison, businesses can ensure that they are prepared for legal scrutiny while also benefiting from greater audience engagement and accessibility. Captioning is an opportunity to demonstrate corporate social responsibility while avoiding the pitfalls of legal non-compliance.

Case Studies of Legal Actions Related to Captioning

Several notable cases demonstrate the importance of compliance with captioning requirements:

  • Netflix: As mentioned earlier, Netflix was sued by the National Association of the Deaf for failing to caption a large portion of its streaming content. This lawsuit resulted in a settlement that forced Netflix to caption all of its streamed videos.
  • Harvard and MIT: Both prestigious institutions were taken to court over their failure to caption educational videos provided to the public online. The case was settled, but it highlighted how even top organisations can fall foul of captioning requirements.

These cases underscore the risks of ignoring captioning and how businesses can be held accountable under accessibility laws.

Several legal cases highlight the importance of complying with accessibility requirements. The Netflix case, as previously discussed, is one of the most well-known examples of how non-compliance with captioning standards can lead to litigation. Netflix’s failure to provide captions on a large portion of its video content led to a class-action lawsuit, which resulted in a settlement that required the company to caption all streamed content. The case sent a clear message to media companies about the importance of ensuring that video content is fully accessible.

Another notable case involved Harvard and MIT, both of which were sued for failing to caption their online educational content. The plaintiffs argued that the lack of captions made the material inaccessible to deaf and hard-of-hearing individuals, violating federal laws such as the ADA. Although the case was settled, it demonstrated that even educational institutions must prioritise accessibility or face legal challenges.

These cases underscore the importance of not only understanding captioning laws but also implementing captioning solutions as part of a proactive compliance strategy. Organisations that fail to comply with accessibility laws risk not only legal penalties but also long-term reputational damage, as these cases often attract significant media attention and public scrutiny.

Best Practices for Ensuring Legal Compliance

Organisations can take several steps to ensure they remain compliant with captioning requirements:

  • Regularly audit video content to ensure all new and old content is captioned.
  • Use best captioning software that aligns with WCAG standards.
  • Train staff and content creators on the importance of captioning.
  • Perform a captioning tool comparison to ensure the tools used meet accessibility standards.
  • Consider outsourcing captioning services to ensure consistent quality and compliance.

Ensuring compliance with captioning laws involves adopting best practices that go beyond basic legal requirements. One critical step is to conduct regular audits of your video content. This involves checking that all existing and new content is appropriately captioned and meets the current legal standards. Audits can be performed manually or with the assistance of specialised accessibility auditing tools, which can identify areas of non-compliance.

Using the best captioning software is another crucial element of compliance. Software that aligns with WCAG standards ensures that your captions meet both technical and legal requirements. Look for tools that provide accurate, customisable captions and support different formats for various platforms. Additionally, performing a thorough captioning tool comparison helps in choosing the best solution for your needs, ensuring that the software is user-friendly, scalable, and equipped with the necessary features.

Training staff is also essential for maintaining compliance. Everyone involved in the production and distribution of video content, from creators to editors, should be aware of the legal obligations regarding captioning. Regular training sessions help ensure that accessibility remains a priority throughout the content creation process. Outsourcing captioning to a specialised service can further ensure consistency and compliance, particularly for large-scale video content providers.

Secure captioning privacy

The Role of Technology in Captioning Compliance

Today’s best captioning software offers automated captioning features, making it easier to ensure compliance with accessibility laws. Automated systems can quickly generate captions, but accuracy remains an issue. It is essential to review and correct these captions to avoid errors that could hinder comprehension or lead to non-compliance.

With advances in technology, ensuring compliance with accessibility laws has become more straightforward, thanks to automated captioning tools. However, while automation can speed up the captioning process, it often lacks the accuracy required for full compliance. Many automated systems produce captions that are incomplete, riddled with errors, or fail to capture the nuances of dialogue, especially in videos with complex terminology, accents, or fast-paced speech.

To mitigate these issues, businesses should adopt a hybrid approach. Use best captioning software to generate automated captions, but ensure human editors review and correct them for accuracy. This hybrid solution allows for efficient compliance while maintaining the high quality required to meet accessibility standards. Incorporating AI-driven solutions for captioning may be cost-effective, but manual oversight is still critical to ensure captions are both accurate and legally compliant.

Additionally, technology is evolving to make captioning accessible to global audiences. Many captioning tools now support multiple languages, which is vital for businesses operating across borders. By using a captioning tool comparison, organisations can identify the best solutions that meet both domestic and international compliance standards.

Global Captioning Standards

Accessibility laws vary by country, but most follow guidelines similar to WCAG. For example, in the EU, the European Accessibility Act mandates captions for online video content. Businesses operating in multiple regions should familiarise themselves with the specific requirements of each market and use a captioning tool comparison to choose software that meets global standards.

Captioning standards vary across the world, making it essential for businesses with a global reach to stay informed about specific regulations in different countries. While the Web Content Accessibility Guidelines (WCAG) serve as a universal benchmark, regional laws can impose additional requirements. For example, the European Accessibility Act mandates that online content, including video services, meet certain accessibility criteria, including the provision of captions. Similarly, in Canada, the Accessible Canada Act requires businesses and organisations to ensure that content is accessible to people with disabilities, including those with hearing impairments.

In the UK, the Equality Act 2010 requires businesses to make reasonable adjustments to ensure their services, including online content, are accessible to everyone. This often includes providing captions for video content, particularly in public sectors or when services are offered to the public. Compliance with these standards is not optional, and non-compliance can lead to legal repercussions and reputational harm.

For businesses operating across multiple regions, a captioning tool comparison can help ensure that the chosen software meets both international and local accessibility standards. The best captioning software will offer features like multi-language support, customisation for different formats, and compliance with both WCAG and country-specific laws. Understanding these global standards ensures that companies are not caught off guard when expanding into new markets.

How Captioning Enhances Audience Engagement

Beyond legal compliance, captioning can greatly enhance audience engagement. Studies have shown that captions increase the time viewers spend watching videos. For businesses, this translates to better engagement metrics, which can be vital for content creators, educators, and corporate trainers.

Captioning video content provides more than just compliance with legal standards—it significantly enhances audience engagement. Research has consistently shown that videos with captions are more likely to retain viewers’ attention for longer periods. For example, a study by Facebook found that captioned videos had a 12% increase in video viewership compared to those without captions. This increase in engagement is not limited to people with hearing impairments; many viewers in sound-sensitive environments, such as at work or in public spaces, prefer to watch videos with captions.

Captions also improve the accessibility of content for non-native speakers. By providing a written version of the spoken content, captions help viewers understand the material more easily, which is particularly beneficial for educational content or videos with complex or technical language. This expanded accessibility naturally leads to increased engagement across a broader audience.

Moreover, captions can improve the searchability of videos. Search engines can index the text from captions, which improves SEO (Search Engine Optimisation) performance. Videos with accurate, keyword-rich captions are more likely to rank higher in search results, drawing more viewers and boosting engagement. For content creators, media professionals, and corporate trainers, ensuring high engagement rates is crucial to achieving communication objectives. Implementing the best captioning software can help automate the process and optimise the effectiveness of captions.

Social Media Engagement background

Choosing Caption Software

The choice of captioning software can make a significant difference in ensuring compliance and quality. When choosing caption software, organisations should consider factors like:

  • Accuracy
  • Ease of use
  • Customisation options
  • Integration with existing video platforms
  • Support for multiple languages

Performing a thorough captioning tool comparison can help ensure you make the best decision for your needs.

Selecting the right captioning software is a critical decision for ensuring both compliance and quality. The choice will impact how well your captions serve your audience and whether they meet the legal requirements for accessibility. Key factors to consider when choosing caption software include:

  • Accuracy: One of the most important features of captioning software is its ability to accurately transcribe spoken content. Automated systems are convenient, but they often make errors, especially with technical language, accents, or fast-paced speech. High-quality software offers tools for manual corrections or hybrid solutions that combine automation with human oversight to ensure captions are as accurate as possible.
  • Ease of Use: For content creators and media professionals, the software’s ease of use is crucial. Complex tools with steep learning curves can slow down the content production process. The best captioning software will have a user-friendly interface, making it easy to add, edit, and review captions without requiring extensive technical knowledge.
  • Customisation Options: Different platforms have different captioning needs. Some require closed captions, which viewers can toggle on or off, while others need open captions that are always displayed. Look for software that allows you to customise captions to fit your specific platform’s requirements. This might include adjusting font size, colour, or placement to align with brand guidelines or accessibility needs.

Performing a captioning tool comparison is a necessary step to ensure the selected software fits your organisation’s needs. Comparing features, pricing, and user reviews can guide you toward the most effective solution, whether you’re producing content for educational purposes, marketing, or internal training.

Addressing the Needs of Different Audiences

Content creators, educators, and business owners must understand that accessibility isn’t one-size-fits-all. Captions must be clear, accurate, and accessible to a diverse audience, including individuals with cognitive disabilities, those learning a new language, and people watching in non-ideal viewing environments.

Accessibility is not a one-size-fits-all solution, and captions must be tailored to meet the needs of various audience groups. For example, captions for individuals with cognitive disabilities might need to be more simplified and less dense than captions for a general audience. Similarly, captions for non-native speakers may require additional context or clarification of idiomatic expressions to ensure comprehension. Customisation is key to making content accessible to everyone, regardless of their specific needs.

Additionally, the growing trend of “sound off” media consumption—where viewers watch videos without sound, often in public spaces—means that clear and accurate captions are essential for maximising engagement. Research has shown that a significant portion of social media videos is watched without sound, particularly on platforms like Instagram and Facebook. Providing high-quality captions ensures that these viewers can fully engage with the content, even in sound-sensitive environments.

For content creators, educators, and businesses, understanding the diverse needs of their audience is essential for creating truly inclusive content. Captioning software that offers customisation features allows for tailoring captions to different audience groups, ensuring accessibility across a variety of contexts. By addressing these needs, businesses not only meet legal obligations but also enhance the overall viewer experience, increasing the likelihood of audience retention and satisfaction.

5 Key Tips for Ensuring Captioning Compliance

  • Conduct regular accessibility audits to ensure compliance with evolving laws.
  • Choose the best captioning software by performing a captioning tool comparison.
  • Train your team on accessibility standards and the importance of captions.
  • Monitor updates in accessibility laws to stay ahead of legal requirements.
  • Outsource captioning when in doubt to ensure accuracy and consistency.

Failing to provide captions is not just a missed opportunity for audience engagement; it also opens the door to legal repercussions. Whether you’re a content creator, media professional, or business owner, ensuring your video content meets accessibility standards is a smart, forward-thinking approach that can protect your brand, expand your audience, and avoid costly legal action. As technology evolves and more jurisdictions adopt stringent accessibility laws, now is the time to take proactive steps. Remember, compliance isn’t just about avoiding lawsuits—it’s about making your content accessible to all.

Further Captioning Resources

Wikipedia: The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that prohibits discrimination based on disability.

Way With Words Captioning Services: Achieve consistent and high-quality captions across all your video content with our professional services. We provide standardised captioning that ensures uniformity and accuracy for every video.