Closed captions (CC) are critical to enhancing the video content’s accessibility. But did you know they are required by the law? This guide will help you understand why the law mandates captioning video content and discuss the various CC laws applicable in the US.
We don’t want to leave you with incomplete information and searching the web for possible answers. Therefore, we will also walk you through the consequences of failing to comply with CC laws.
List of All Closed Captioning Laws
There are several closed captioning laws and requirements to ensure an accessible viewing experience and inclusivity for all types of audiences.
Here, we will discuss all the closed captioning laws that are applicable in the US:
Americans with Disabilities Act (ADA)
In 1990, the ADA was passed to prevent discrimination against people with disabilities in public places.
This law directs local and state governments (Title II entities) to effectively communicate with all citizens, including people with disability. Besides, the same law applies to commercial and non-profit organizations that provide services to the public, such as libraries, universities, and museums (Title III entities).
Thus, all written, video, or audio-based products produced by these organizations must be as easily understandable to those with disabilities as they are to those without disabilities.
So, how can these organizations make their content accessible to everyone? Video captioning is the solution, even though the legislation doesn’t mention it specifically.
Federal Communications Commission (FCC) Closed Captioning Regulations
The FCC is an independent agency under the supervision of Congress. It controls all radio, television, and internet communications in the US.
It mandates that video programming distributors (VPDs), including cable operators, broadcasters, satellite distributors, and other multi-channel VPDs add CC to television shows. Besides, these captions must match the spoken dialogues as closely as possible.
In response to these complaints, the FCC introduced guiding principles to ensure high captioning quality. Below are the FCC quality standards for captioning television programs:
Accuracy
99% of the time, captions must accurately capture the speaker’s words using proper spelling, language, and punctuation. That is, you can’t paraphrase while captioning. Besides, respect the original speaker’s intent and tone. Also, captions must sync with other sounds and background noise.
Time Synchronization
As much as feasible, captions should match the spoken words and sound they refer to. Besides, the pace of the captions should not be too fast for the audience to read.
Program Completeness
All TV programs, from start to finish, must have captions.
Placement
On-screen captions should not cover or hide important video content. Besides, you should enlarge the font of captions to a readable size.
Rehabilitation Act, Section 508
Under Section 508, all information and communication technologies, such as websites, emails, etc., created or maintained by federal agencies must be accessible to all. Simply put, this law directs all government online content to contain captions.
However, to comply with 508 regulations closed captioning for online content must not obstruct or obscure any pertinent information in the video and must make it easier for people who are hard of hearing or deaf to interpret the message.
21st Century Communications & Video Accessibility Act (CVAA)
CVAA was signed into law in 2010 by Barack Obama. It mandates the federal communications legislation to make “modern communications,” particularly internet material, more accessible.
This act expands on FCC closed caption laws by requiring online content to adhere to analog closed captioning standards, which include factors affecting the timing, caliber, and positioning of captions on streamed video content.
Consequences of Non-Compliance with CC Laws
You may face legal repercussions for violating or not complying with the CC rules and regulations, such as lawsuits and fines. In the past, the FCC and the Department of Justice (DOJ), which upholds the ADA, have taken legal action against organizations that disobeyed closed captioning regulations.
Besides, failure to offer closed captioning may harm your business reputation. Clients may lose trust in businesses and organizations that do not provide accessible content because they will perceive them as uncaring about the community or their clients. Besides, this may harm business relations.
Regulations and laws are subject to change, and new technological developments may open new avenues for improving accessibility. Thus, you should regularly evaluate and improve closed captioning procedures to guarantee continuous compliance and efficacy.
Bottom Line
This guide discussed in detail why closed captions are required by law, different types of CC laws and regulations, and the outcomes of not complying with these laws.
However, if you still don’t know how to do it yourself, you can partner with a media localization firm, like Limegreen Media, for professional video captioning services.
