Navigating the Intersection of Video Accessibility Laws
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In this webinar, Lily Bond, Director of Marketing at 3Play Media, will dive into the venn diagram of a11y laws, proving that it's not as daunting as it might seem. She'll cover the historical lawsuits that have shaped our current legal landscape, as well as discuss how these laws apply to your specific industry.
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Navigating the Intersection of Video Accessibility Laws
- 1. NAVIGATING THE VENN DIAGRAM OF VIDEO A11Y LAWS
- 2. AGEND A ● Video a11y trends ● Video a11y overview ● Legal redux ● A11y lawsuits ● Venn diagram ● Which laws apply to you? ● Q&A
- 4. THE video PICTUR E MORE VIDEO Is uploaded to the web in 1 month than TV has created in 3 decades. 80%Of the world’s internet traffic will be video by 2019. 78%Of people are watching videos online every week.
- 5. THE a11y PICTUR E 71%Of people with disabilities leave a website immediately if it is not accessible. 48 MILLIONAmericans are d/Deaf or hard of hearing. That’s 20%! 24 MILLIONAmericans are Blind or low-vision. That’s 10%!
- 6. 12%Captions increase view time on Facebook videos by 12% 41%Of videos are incomprehensible w/o sound or captions 98.6%Of students find captions helpful for learning.
- 9. What do these companies have in common?
- 11. + 1700 other companies
- 18. Legal Redux
- 19. Rehabilitati on Act of 1973 SECTION 504 Broad anti-discrimination law SECTION 508 Electronic & Information Technology 508As of January, 2018: WCAG 2.0 requirements
- 20. Americans with Disabilities Act (1990) TITLE IIPublic entities TITLE IIIPublic accommodations LAWSUITSNAD vs. Netflix, NAD vs. Harvard & MIT
- 21. 21st Century Communicatio ns & Video Accessibility Act (2010) ONLINE VIDEO That previously appeared on TV w/ captions ONLINE CLIPS & montages of full-length shows must be captioned 50 HOURSTop 60 TV markets must describe 50 hours per quarter
- 22. WCAG 2.0 LEVEL AMost attainable. LEVEL AAReferenced in most lawsuits, legal trends, and recommendations. LEVEL AAAHardest to achieve, often most accessible.
- 23. I KNOW, I KNOW. THERE ARE SO MANY LAWS.
- 24. Don’t get ahead of yourself!
- 25. YOU SHOULD ALSO TAKE NOTE OF: State Laws Organizational Policies Lawsuits Consent Decrees Dear Colleague Letters
- 26. All of these extend legal requirements, best practices, and the scope of federal regulations.
- 27. Lawsuits STREAMING MEDIANAD vs. Netflix; ACB vs. Netflix; NAD vs. Hulu; ACB vs. Hulu; NAD vs. Amazon; etc. HIGHER EDNAD vs. Harvard & MIT; UC Berkeley; Miami University of Ohio; Penn State; Dear Colleagues letters; etc. ENTERPRIWinn-Dixie; FedEx; Target; Hobby Lobby; Blick Art Materials; etc.
- 29. Don’t panic! Let’s break it down.
- 30. Venn Diagram
- 31. A FEW questio ns TO ASK ● Am I any type of government program? ● Does my state have accessibility laws? ● Do I provide a service to the public? ● Am I a public entity? ● Do I publish video that appeared on TV? ● Do I produce video for TV?
- 32. Rehabilitation Act Federal Government K-12 State Government* Municipalities* Public Colleges* Private Colleges* Online Learning* Faith Organizations* *Receiving federal ADA Streaming Media Training Videos Public Website Videos State Government Municipalities Public Colleges Private Colleges K-12 Online Learning CVAA Streaming Media Faith Organizations Broadcast TV FCC Faith Organizations Broadcast TV State Laws State Government Municipalities Public Colleges Private Colleges* K-12 *Receiving state funding
- 33. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 34. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 35. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 36. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 37. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 38. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 39. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 40. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 41. FCC CVA A Rehabilitation Act ADA State Laws Broadcast TV Faith Organizatio ns Streaming Media Training Videos Public Website Videos Online Learning Private Colleges Public Colleges State Government Municipalities K-12 Federal Government
- 42. THE big PICTUR E ● Know which laws apply to you ● Just because you comply with one law doesn’t mean you comply with all laws ● Keep on top of trends ● Shoot high with compliance
- 44. THANKS! Lily Bond Director of Marketing 3Play Media www.3playmedia.com lily@3playmedia.com @3playmedia, @lilybbond
Editor's Notes
- Why is video a11y important? Let’s look at the trends.
- Video is not going anywhere. In fact, it’s growing exponentially.
- Accessibility should be a concern of every organization, because:
- Growing proof that captions help with viewer engagement. These are some stats from Facebook. Why?
- Who else hates it when you’re scrolling through Facebook and you come to a video … and it autoplays without sound or captions. I’m in the 80% that hates it, that’s for sure.
- Comparatively, this grasps your attention and keeps viewers with the video.
- Another trend in video accessibility
- They’ve all been sued or have complaints against them for inaccessible IT or video.
- There's 1,700 and counting complaints filed in the Department of Ed.
- 1)Time-synchronized text that can be read while watching a video 2)Usually the CC icon 3)Originated as FCC mandate for broadcast in the 1980s
- Who watches stranger things? What are some of the indicators of the upside down? Anyone have any idea what’s happening here?
- Those auditory cues are critical to the plot development. Captions have to include non-speech elements like these.
- Other side of video accessibility: audio description. Narrates relevant visuals in a video as an accommodation for blind/low vision.
- Close your eyes.
- Now with AD.
- Dive into the laws, and then look at the venn diagram to see where you fit in.
- 1973 Section 504: anti-discrimination law that requires equal access for individuals with disabilities. Applies to federal & federally funded programs. Section 508: introduced in 1998 to require federal communications and information technology to be accessible. Applies to federal programs, but often applied to federally funded programs through state & organization laws. Closed captioning requirements are written directly into Section 508, and are often applied to Section 504 Section 508 refresh was released in January 2017 & phased in in January 2018, which references WCAG 2.0 guidelines.
- 1990 5 sections Title II: public entities; Title III: public accommodations (extends to private sector) "Places of public accommodation" – what constitutes this? Tested against online businesses NAD vs Netflix Netflix sued by National Association of the Deaf in 2012 for failing to provide closed captions for most of its "Watch Instantly" movies and television shows streamed on the Internet. First time that Title III of the ADA (place of public accommodation) had been applied to Internet only businesses (before, it had only been applied to physical structures like wheelchair ramps) Court ruled in favor of the National Association of the Deafj. Netflix settlement: Netflix agreed to caption 100% of its streaming content. Profound precedent FedEx was sued for not providing closed captions on training videos Hulu settled with the National Association of the Deaf Amazon settled with the National Association of the Deaf National Association of the Deaf vs. Harvard and MIT Harvard and MIT were sued by the National Association of the Deaf for providing inaccessible video content that was either not captioned or was inaccurately/unintelligibly captioned The first time that accuracy has been considered in legal ramifications for closed captioning (YT auto captions) NAD argued that educational online videos should be constituted as a public accommodation. In June of 2015, the Department of Justice submitted a statement of interest supporting the Plaintiffs' position that Harvard and MIT's free online courses and lectures discriminate against deaf and hard of hearing individuals by failing to provide equal access in the form of captions Still waiting on a decision Outcome will have huge implications for higher education.
- 2010 Previously aired on television Clips – straight lift & montages as of January Ex: Netflix complied with the CVAA but violated the ADA AD Phases in between 2010 and 2020 Currently: Top 60 TV markets required to describe 50 hours per quarter. Next phase in is July 1, 2018: -Multi channel video distributers must provide 87.5 hours per quarter
- Web Content Accessibility Guidelines - Perceivable, Operable, Understandable, Robust. VIDEO: Level A: transcript for audio; captions for pre-recorded video; audio or text alternative for audio description Level AA: captions for pre-recorded; captions for live; audio description Level AAA: sign language, extended AD, live transcript for audio-only
- For example ...
- Example of cases that have extended requirements.
- These questions can help you determine where you fit if you’re unsure.
- First: major laws and where your organization might fall. Then we’ll look at the overlap.
- Venn diagram of 5 possible laws; each type of organization/content from the previous slide are placed in the overlapping sections. I’ll break it down by each set of overlapping laws.
- Broadcast TV is regulated by the FCC; however, audio description rules for broadcast TV are covered under the CVAA. Broadcasters should be aware of both.
- Faith organizations are covered under the FCC, CVAA, and Rehabilitation Act. Exempt from the ADA Religious broadcasters were removed from the list of FCC exemptions in 2011. Section 504 of Rehab Act: receiving federal funding: Section 504 of the Rehabilitation Act applies to faith organizations that: Applied for financial assistance from the United States Department of Labor (USDOL) Partner with existing USDOL-supported program Receive USDOL financial assistance (grant, sub-award, contract, in-kind assistance etc.) Financial assistance includes both monetary funds and non-monetary funds like donation items, services, or free or discounted use of government space or property.
- Federal government programs, entities, services, and websites must all comply with the rehabilitation act (504 & 508).
- Streaming media is covered by the CVAA and ADA. Ex: Netflix originals (ADA) vs distributed content.
- ADA applies to public entities and places of public accommodation. Any training content must be made accessible (see: FedEx lawsuit). Public websites that provide a service or product must be accessible (see Winn Dixie, Target, etc.)
- Section 504 - federally funded ADA - public accommodation See: Harvard & MIT, UC Berkeley, Miami, etc.
- Colleges: state funding, federal funding, public accommodation Local gov’t covered under ADA TItle II; state funding; federal funding State gov’t: state laws, federal funding, title II of the ada K-12: ADA Title II; Section 504 (“Section 504 applies to “local educational agency, system of vocational education, or other school system”); state laws