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7 minute read
12 Jun 2023

When is Closed Captioning Required by Law?

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As video content becomes more pervasive, the importance of accessibility, including the use of closed captioning, is paramount. Closed captioning not only enhances the viewing experience for everyone, but it is also governed by legal mandates. This blog post will guide you through the definition, benefits, and legal framework surrounding closed captioning, including when and where it’s legally required. We’ll also discuss potential consequences of non-compliance and best practices for implementation. Join us as we navigate the intersecting worlds of video content and accessibility law.

Overview of Closed Captioning

Purpose of Closed Captioning

In the legal sector, closed captioning serves a critical purpose in ensuring equal access and effective communication for individuals with hearing impairments. Its primary objective is to provide written text descriptions of spoken words, enabling individuals who are deaf or hard of hearing to fully participate in legal proceedings and activities. Closed captioning plays a crucial role in eliminating barriers and ensuring that important details, statements, and nuances of dialogue are accurately captured and conveyed.

By incorporating closed captions, legal entities foster inclusivity and create an accessible environment for individuals with hearing impairments. Closed captioning allows them to follow and understand the spoken content during court hearings, depositions, client meetings, and other legal interactions. It ensures that individuals with hearing impairments can actively engage, make informed decisions, and effectively contribute to the legal process.

Furthermore, closed captioning in the legal sector aids in legal education and training. Law students, aspiring legal professionals, and individuals seeking legal knowledge can benefit from closed captions in educational videos, webinars, and online courses. By providing written text alongside the audio content, closed captions enhance comprehension, reinforce learning, and facilitate note-taking, ensuring that crucial legal concepts, terminology, and information are effectively understood.

How Closed Captions are Displayed

Closed captions are displayed through synchronized text overlays that appear on the screen alongside the audiovisual content. The process of creating closed captions involves transcribing the dialogue and other relevant audio elements, synchronizing the text with the timing of the audio, and displaying it in real-time. The captions can be presented in various formats, including pop-on captions that appear and disappear line by line, roll-up captions that scroll from the bottom of the screen, or even as positioned captions in specific areas of the screen.

The display of closed captions can be customized to enhance the viewing experience. Users can often adjust the font size, color, and background style to suit their preferences and needs. Some platforms also offer features like speaker identification, sound effect descriptions, and additional visual indicators to provide a more comprehensive experience for the viewers.

By allowing users to enable or disable closed captions through the settings of their media playback devices, individuals have the flexibility to choose whether to utilize closed captions based on their requirements or preferences. This level of control empowers viewers to tailor their viewing experience to their specific needs, ensuring that closed captioning remains a versatile and user-friendly feature.

Benefits of Closed Captioning Beyond Accessibility

Benefits of closed captioning
  • Enhanced accuracy and clarity

    Closed captioning ensures that important details and statements in legal proceedings are accurately captured and reduces the potential for misinterpretation or ambiguity. It provides a visual representation of spoken words, enhancing the clarity of legal content.

  • Improved comprehension and retention

    Closed captioning, traditionally for the deaf and hard-of-hearing, also enhances comprehension and memory recall for a broader audience. This dual visual-audio tool stimulates the brain’s processing, increasing understanding and long-term retention. It’s particularly helpful for non-native speakers, as it clarifies complex language nuances and accents. Thus, beyond accessibility, closed captioning is a potent learning aid promoting deeper understanding and information retention.

  • Support for legal education and training

    Closed captions aid in understanding complex legal terminology, intricate arguments, and fast-paced discussions. By visually displaying the spoken words, viewers can read and comprehend the content more effectively, promoting a deeper understanding of legal proceedings and documentation.

  • Compliance with accessibility and anti-discrimination regulations

    Closed captioning helps legal entities meet accessibility requirements and anti-discrimination regulations by providing equal access to information and services for individuals with hearing impairments. It demonstrates a commitment to inclusivity and ensures that legal resources are accessible to all.

  • Promotes inclusivity and equal access to legal information and services

    By embracing closed captioning, the legal sector fosters inclusivity, ensuring that individuals with hearing impairments have equal access to legal proceedings, documentation, and educational resources. It creates a more accessible and inclusive environment for all stakeholders involved in the legal sector.

Americans with Disabilities Act (ADA)

1. Explanation of ADA and its Impact on Accessibility

The Americans with Disabilities Act (ADA) is a broad civil rights legislation that was enacted in the United States in 1990 to prohibit discrimination against individuals with disabilities in all areas of public life. It requires that public accommodations and commercial facilities be accessible to individuals with disabilities. This requirement extends to digital content, making video and multimedia accessibility a significant concern under the ADA.

2. ADA Requirements for Closed Captioning

The ADA does not explicitly stipulate the provision of closed captioning for online video content. However, several legal cases have interpreted the law as requiring closed captioning for online video content, as it’s considered a “public accommodation” under Title III of the Act.

Federal Communications Commission (FCC)

1. Role of the FCC in Regulating Closed Captioning

The Federal Communications Commission (FCC) is a government body that oversees and regulates communication technologies, including television, radio, wire, satellite, and cable, in the United States and its territories. One of its responsibilities is to enforce federal laws and regulations that pertain to closed captioning.

2. FCC Regulations and Guidelines for Closed Captioning

The FCC has established specific rules and regulations pertaining to closed captioning for video programming distributors. This includes broadcasters, cable operators, and satellite television services that provide video programming directly to the public. These distributors are required to provide closed captioning on their television programs, subject to a few exemptions.

Other Relevant Laws and Regulations

1. Rehabilitation Act of 1973, Section 508

Section 508 of the Rehabilitation Act requires federal agencies to make their electronic and information technology accessible to people with disabilities. This includes providing closed captioning for multimedia, which includes audio and video presentations.

2. Twenty-First Century Communications and Video Accessibility Act (CVAA)

The CVAA is a federal law enacted in 2010. This law updates federal communications law to increase the accessibility of modern communication technology for people with disabilities. The CVAA mandates closed captioning for online video content that was previously broadcast on television with captions.

When is Closed Captioning Required by Law?

Television Programming

  • Broadcast TV

    The Federal Communications Commission (FCC) requires that all new English and Spanish language programming, along with certain other video content, must be captioned when distributed on television in the United States.

  • Cable and Satellite TV

    Just like broadcast television, cable and satellite TV services are also required to provide closed captions under the FCC’s regulations.

  • Streaming Services

    The Twenty-First Century Communications and Video Accessibility Act (CVAA) mandates that if video content was previously broadcasted on television with captions, it must include captions when delivered through internet-based video streaming services.

Online Videos

  • Videos on Websites

    Under the ADA and the CVAA, websites that display videos that have been previously aired on television must include closed captions to ensure accessibility.

  • Videos on Social Media Platforms

    While the regulations for social media platforms are not as explicitly defined, it is still generally considered best practice to provide closed captions for videos on these platforms to promote accessibility and inclusivity.

Educational and Training Materials

In addition to television programming, closed captioning is also required for educational and training materials. The Rehabilitation Act, specifically Section 508, mandates that educational institutions and federal agencies must provide closed captioning for their training and informational video and multimedia productions.

This requirement ensures that individuals with hearing impairments have equal access to educational content and training materials in academic settings and government agencies. It recognizes the importance of inclusive education and equal opportunities for individuals with disabilities.

Under Section 508, closed captioning helps to make educational and training materials accessible by providing synchronized text descriptions of spoken words. This allows individuals with hearing impairments to fully comprehend the content, follow along with lectures, discussions, and presentations, and engage in the learning process on an equal footing with their peers.

By incorporating closed captioning into educational and training materials, institutions and agencies comply with legal obligations to provide equal access, promote inclusivity, and create an inclusive learning environment for all individuals, regardless of their hearing abilities.

Public Accommodations

  • Theaters and Cinemas

    Under Title III of the ADA, movie theaters are required to provide captioning and audio description for digital movies in their theaters.

  • Videos on Social Media Platforms

    While the ADA does not specifically mandate closed captioning for live events, it does require venues to provide “effective communication” for people with hearing disabilities. This might include the provision of closed captioning or sign language interpretation.

Exceptions and Exemptions

Undue Burden or Fundamental Alteration

There are exceptions to these rules. For example, if a provider can demonstrate that the provision of closed captions would cause an “undue burden,” which is defined as “significant difficulty or expense,” or if it would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered, they might not be required to provide closed captions.

Technical Limitations

Exceptions may also be made if there are technical limitations that prevent the addition of closed captions.

Transitory or Incidental Content

According to the FCC, certain types of video content, such as advertisements, promos, and video clips, may not be required to have closed captions, particularly if they are short or are not integral to the main programming.

Consequences of Non-Compliance

Legal Ramifications and Potential Penalties

Non-compliance with these laws and regulations can lead to legal ramifications, including lawsuits and fines. In fact, the Department of Justice (DOJ), which enforces the ADA, and the FCC have pursued legal action against entities that have failed to comply with closed captioning rules in the past.

Reputational Impact on Organizations

Failing to provide closed captioning can also have a significant reputational impact. Businesses and organizations that do not provide accessible content can be seen as not caring about their customers or the community, which can lead to a loss of consumer trust and potentially damage business relationships.

Best Practices for Implementing Closed Captioning

Choosing a Reliable Closed Captioning Provider

The first step in ensuring your video content is accessible is to choose a reliable closed captioning provider. Amberscript is an example of a reputable closed captioning provider that offers a high level of accuracy, fast turnaround times, and compliance with FCC and ADA regulations. Partnering with a trusted provider like Amberscript ensures that your closed captioning needs are met effectively and efficiently.

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Ensuring Accuracy and Synchronization

It is essential not only to provide closed captions but also to ensure their accuracy and synchronization with the onscreen content. Inaccurate or poorly timed captions can lead to confusion and hinder content comprehension. Amberscript employs advanced speech recognition technology and skilled human editors to ensure the accuracy and synchronization of closed captions, enhancing the viewing experience for all audiences.

Testing and Quality Assurance

Regular testing and quality assurance checks are crucial to ensure that closed captions are working properly and effectively. This includes verifying correct spelling, grammar, synchronization, and readability. Amberscript’s comprehensive quality assurance processes and editing expertise help to maintain high-quality closed captioning that meets professional standards and ensures optimal accessibility for viewers.

Ongoing Monitoring and Updates

Laws and regulations can change, and technological advances can create new opportunities for enhancing accessibility. Therefore, it is important to regularly review and update your closed captioning practices to ensure continued compliance and effectiveness.

In conclusion, the importance of providing closed captions cannot be understated. Not only are they legally required in many cases, but they also significantly broaden the accessibility of your content. By following the guidelines outlined above, you can make your video content more inclusive and accessible to all.

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