The legal landscape for video accessibility shifted hard between 2020 and 2025. US courts repeatedly ruled that ADA Title III applies to public-facing websites, including video. The European Accessibility Act took effect in June 2025. WCAG 2.1 AA is the procurement baseline for almost every enterprise contract. The combined effect: caption everything you publish on a public URL.
ADA Title III (US)
ADA Title III prohibits discrimination in 'public accommodations,' which courts have extended to public-facing websites since the 2019 Domino's case. For video, this means equivalent captions for prerecorded content on public sites. Live content has historically been treated more leniently, but recent rulings push toward live-caption parity.
Section 508 (US federal)
Section 508 requires US federal agencies — and every contractor selling to the federal government — to make electronic content accessible per WCAG 2.0 Level AA. For video, this means captions on prerecorded content (1.2.2) and captions on live content (1.2.4 — Level AA).
European Accessibility Act (EAA)
The EAA took effect June 28, 2025, and covers most consumer-facing digital products in the EU, including video on commercial websites and apps. It mandates WCAG 2.1 AA-equivalent accessibility, including captions for video content with significant audio.
WCAG 2.1 AA (de facto)
WCAG isn't a law — it's a guideline. But it's adopted by reference in most caption regulations and by every enterprise procurement contract. The relevant criteria for video: 1.2.2 (captions for prerecorded media — Level A), 1.2.4 (live media — AA), 1.2.5 (audio description — AA).
What 'equivalent captions' means in practice
- Captions must include all dialogue, accurately transcribed.
- Captions must include significant non-speech audio: music cues, sound effects, speaker IDs.
- Captions must be synchronized within ±100ms of the audio.
- Captions must be readable: font, size, contrast meet display standards in the player.
- Captions must be toggleable (closed captions). Burned-in captions don't satisfy CC requirements alone — pair with a CC track.
Are auto-generated captions enough?
Probably not. WCAG 1.2.2 requires captions to be 'equivalent' to the audio. Auto-generated captions with 5–10% word error rate routinely fail equivalence audits. Hand-correct your transcripts, or hire a service, or risk a procurement audit failure.
Practical compliance workflow
- 01Generate AI captions for the first pass (Whisper-grade is fine).
- 02Hand-correct proper nouns, technical vocabulary, and any audio artifacts.
- 03Add SDH conventions: speaker labels, music cues, significant sound effects.
- 04Deliver as a separate SRT/VTT alongside the video — closed captions, not burned-in.
- 05For live content, queue captions through a real-time service that meets the AA latency requirement.
FAQ
Are video captions required by law?
In the US, yes for most public-facing websites under ADA Title III, and for all federal agency content under Section 508. The European Accessibility Act (EAA), effective June 2025, extends equivalent requirements to commercial digital products in the EU. WCAG 2.1 AA is the de facto enterprise standard for procurement. The short answer: if you publish video on a public website in 2026, you need captions.
Do burned-in captions satisfy ADA requirements?
No — ADA and WCAG 2.1 require captions that can be toggled on/off and accessed by assistive technologies. Burned-in captions fail this because they're pixels, not text — a screen reader can't parse them and a user can't disable them. For compliance, deliver a proper SRT or VTT caption track (closed captions) alongside any burned-in video.
What is Section 508 captioning?
Section 508 requires US federal agencies and their contractors to make electronic content accessible per WCAG 2.0 Level AA. For video, this means synchronized closed captions on all prerecorded content (WCAG 1.2.2) and captions on live video (WCAG 1.2.4). Non-compliant caption files can disqualify a federal deliverable during procurement audit.
Are auto-generated captions ADA compliant?
Generally no. WCAG 1.2.2 requires captions to be 'equivalent' to the audio, which auto-captions with 5–15% word error rate routinely fail to deliver. The accepted industry practice is AI-generated captions reviewed and corrected by a human before publication. This applies to proper nouns, technical terms, numbers, and any audio with background noise or accents.