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• Accessibility

How to Prioritize Backlog Video Content for EAA Compliance

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September 8, 2025

Schedule a Call to Learn how the EAA ApPlies to You

The European Accessibility Act (EAA) has set a deadline of 2030 for audiovisual media services to ensure their backlog video content is compliant. This means that any existing video content that doesn’t meet accessibility standards must be updated or replaced by the deadline.

Compliance with the EAA is essential to reach a wider audience and avoid legal consequences. By making your backlog video content accessible, you can ensure that everyone will enjoy your content, regardless of their abilities.

This blog offers practical guidance on how to approach your backlog video to achieve EAA compliance.

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How does the EAA apply to your video content?

If your organization must prioritize its video backlog to comply with EAA, it’s best to start as soon as possible. Speak to someone at 3Play for tailored advice on where to get started.

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Download the EAA Checklist

Understanding EAA Requirements for Video

The EAA utilizes EN 301 549, the European accessibility standard for information and communication technology (ICT) products and services. This standard integrates the Web Content Accessibility Guidelines (WCAG) for web and software accessibility.

To comply with accessibility guidelines, videos must have the following components:

• Subtitles/Captions: Accurate and synchronized captions for all spoken content and relevant non-speech audio.
• Audio Description: Narration that describes important visual information for users who are blind or visually impaired.
• Transcripts: Text-based versions of the audio content, including spoken words and relevant non-speech audio.
• Sign language interpretation: Interpretation into a sign language for deaf users, particularly for video communication.
• Accessible video player: The video must be published on a player that fully supports these accessibility features and provides users with necessary controls.

Start Here: Creating a foundation for proactive video accessibility

Before diving into your backlog, take the time to build a strong internal foundation around accessibility.

Begin by conducting cross-departmental accessibility training that is tailored to each team’s specific function. Consider developing an accessibility hub, equipped with a checklist, to empower your team to incorporate accessibility directly into their workflows.

Next, create an accessibility statement. This external resource should live on your website and explain the compliance measures you’re taking. It should also provide guidance for users to submit feedback.

A Step-by-Step Guide to Prioritizing Your Video Backlog

To meet EAA deadlines, organizations need to plan ahead and allocate resources accordingly. To make your backlog video content compliant with EAA standards, you will need to audit existing video libraries, train your team on the new standards, budget for any necessary changes, and incorporate accessibility into your current workflows.

Setting a plan now will ensure you create a culture of proactive accessibility at your organization.

Step 1: Inventory and Categorization

The first step is to create a list of all videos hosted on your website. This can be an excel document, or imported into a project management system. Then create the following columns:

(Optional) Expiration date: Include if your videos have a limited shelf life.

• Create date: Add a column for the creation date, if possible.
• Platform: Add a column for the video’s hosting platform.
• Video length: Indicate the length of the video.
• Accessibility Assets: Create a column for each video accessibility asset required (e.g. captions, audio description). Indicate which videos already have these assets.
• Format: Note if this video is a webinar recording, interview, short-form video, promotional, social video, etc.
• Department: If applicable, note which department owns this video (e.g. marketing, sales, customer support, human resources).

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Achieving Compliance with the EAA

If your organization must prioritize its video backlog to comply with EAA, it’s best to start as soon as possible.

Accessible video content offers long-term benefits such as broader reach, improved user experience, and legal compliance. Start your video inventory today or contact for assistance.

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About the author

3Play Media

The post How to Prioritize Backlog Video Content for EAA Compliance appeared first on 3Play Media.

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• Audio Description

Did You Know? Audio Description Is Required by Law

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February 19, 2025

Keeping up with evolving accessibility laws – and their intersection with rapidly advancing technology and media – can be challenging. However, the complexity of staying informed doesn’t absolve businesses, institutions, and organizations from their legal responsibility to provide accommodations, like audio description (AD).

As accessibility professionals and educators in the field, we often hear that AD is not prioritized if it’s not requested. What many don’t realize is that AD is often legally required (depending on the industry and the nature of the content being produced), regardless of requests from blind or low-vision individuals. In this post, we’ll break down audio description requirements by industry.

[Free eBook] Beginner’s Guide to Audio Description 

Audio Description Requirements by Industry

Government Organizations

Section 508 of the Rehabilitation Act mandates that all federal agencies ensure their communications and information technology are accessible. With the implementation of the Section 508 Refresh in 2018, federal agencies were legally required to provide AD for applicable video content, even if no accommodation request has been made. While Section 508 applies specifically to federal entities, many state and local governments have adopted “little 508s” which include similar requirements.

Regarding specific success criteria, Section 508 references the Web Content Accessibility Guidelines (WCAG) 2.0. Although WCAG 2.0 is referenced by law, the W3C has since released further versions which agencies are encouraged to follow for best practices and future compliance assurance as guidelines evolve.

Media and Entertainment

In October 2010, then-President Barack Obama signed the 21st Century Communications and Video Accessibility Act (CVAA) into law, ensuring that modern communications technologies are accessible to all, regardless of vision or hearing status.

The CVAA introduced AD requirements for broadcast television, and later went on to authorize the FCC to expand these requirements in 2020. These requirements are implemented according to designated market areas (DMAs), with a goal of successful implementation at an additional 10 DMAs each year for the next four years.

Currently, commercial broadcast stations affiliated with ABC, CBS, Fox, and NBC who are located in the top 110 DMAs are required to provide:

• 50 hours of audio-described programming per calendar quarter, during primetime or children’s programming
• 37.5 hours of audio-described programming per quarter, airing any time between 6 a.m. and midnight
• additionally, subscription TV systems serving 50,000+ subscribers must offer the equivalent 87.5 hours of AD on the top five national non-broadcast networks (TLC, HGTV, Hallmark, TNT, and TBS).

Beyond the CVAA, the Americans with Disabilities Act (ADA) also plays a key role in regulating video accessibility.

• Title II of the ADA requires that public entities (like government agencies) provide audio description.
• Title III mandates AD in places of public accommodation – this includes private organizations that offer a public service, such as publicly-available media streaming platforms like Hulu and Netflix.

[Free eBook] Captioning Best Practices for Media & Entertainment 

Enterprise Organizations & Corporations

Title II and Title III of the ADA also apply to enterprise organizations. In practical applications, this means that employee training videos and public marketing/website videos must be accessible to all individuals.

Failure to provide accessible videos has resulted in several corporate lawsuits, including a notable suit involving FedEx. While requirements may differ depending on the circumstances, enterprise organizations and corporations may consider taking a proactive approach by providing captions and AD.

Higher Education

Providing audio description in higher education is a major factor for ensuring accessibility compliance. AD is required under many of the same laws that mandate captions, and institutions that fail to meet these requirements have faced legal action that went on to solidify legal precedent in the space. Approaching accessibility proactively helps institutions avoid legal risk while simultaneously creating an inclusive learning environment for all students.

Both public and private institutions that receive federal funding must comply with the requirements outlined in the Rehabilitation Act. Similarly, institutions that receive state funding must comply with local state laws (“little 508s”). The education and services provided by educational institutions are considered to be a “public accommodation,” and as such, all institutions must also comply with ADA requirements regarding audio description.

Recent updates to Title II of the ADA now encourage educational institutions to follow specific accessibility accommodations outlined by WCAG 2.1 Level AA. With a phased implementation schedule, these guidelines require that institutions make adjustments to their digital platforms and media by 2026. These requirements include:

• 1.2.2 Captions (Pre-recorded Video): Mandates captions for all pre-recorded video content, essential for deaf and hard-of-hearing viewers. *Note: This is required for Level A as well.
• 1.2.3 Audio Only (Pre-recorded Audio): Requires a text alternative (transcript) for audio-only content.
• 1.2.4 Captions (Live): Requires captions are provided for all live audio content in synchronized media.
• 1.2.5 Audio Descriptions (Pre-recorded Video): Requires audio descriptions for all pre-recorded videos content in synchronized media.

Due to scrupulous accessibility legislation in the world of education, institutions should proactively include AD on their video content – with or without a request.

How to Get in Compliance

Ensuring compliance with audio description requirements isn’t just about meeting legal obligations – it’s about creating an inclusive experience for every audience member. As accessibility laws continue to evolve, staying ahead of the curve can feel overwhelming.

That’s why we’re here. Explore 3Play’s solutions and take your next step toward accessible, compliant content.

This blog post is written for educational and general information purposes only, and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

3Play Media

The post Did You Know? Audio Description Is Required by Law appeared first on 3Play Media.

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• Accessibility

Key Takeaways from UsableNet’s 2023 Year-End Digital Accessibility Lawsuit Report

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January 19, 2024

UsableNet’s 2023 Year-End Digital Accessibility Lawsuit Report

UsableNet, a leader in the digital accessibility and usability space, ensures that the digital world and its contents (i.e., websites, videos, and mobile apps) are free of barriers and accessible to all users.

Each year, UsableNet releases reports covering the top trends in regard to the Americans With Disabilities Act (ADA) and digital accessibility lawsuits. The organization’s research team reviews ADA lawsuits filed in federal court or in state court in New York, Florida, or California.

The year-end ADA report includes data from thousands of lawsuits filed against businesses between January 1, 2023, to December 31, 2023. As in previous years, these businesses have been targeted for violating the ADA.

We recommend downloading the full report and reviewing the findings for yourself, especially if you’re an accessibility advocate or interested in web development. 

In this blog post, we’ll cover the key takeaways from UsableNet’s year-end report and what trends to consider as you navigate 2024.

Digital Accessibility Lawsuits Remain On the Rise

In 2023, plaintiffs filed over 4,600 ADA lawsuits, with the majority filed in New York, Florida, and California. This is because the courts and judges in these states are most familiar with ADA web accessibility cases and often rule in favor of the plaintiff. As of the end of 2023, the number of digital accessibility lawsuits continues to rise, and New York had more federal and state law filings than any other state. In the report, UsableNet indicates this because of a few reasons:

• To be sued, businesses do not need to be located in New York State—they only need customers in the state. 
• Courts in New York don’t require businesses to have a physical location.
• Some of the most active plaintiffs and plaintiff attorney firms are based in New York. 

Image courtesy of UsableNet

According to a blog by Jason Taylor for UsableNet, lawsuits filed in federal court in New York increasingly require detailed filings, leading some plaintiff law firms to move their digital accessibility lawsuits to state courts in New York instead. Taylor notes in the blog that these lawsuits “allege violations of the New York State Human Rights Law (NYSHRL), the New York City Human Rights Law (NYCHRL), and the New York State Civil Rights Law (NYSCRL).”

Of note, a new trend of federal lawsuits emerged in New Jersey and Wisconsin, which had no digital accessibility filings in 2022 but had 33 and 11 cases filed in 2023, respectively. Additionally, lawsuits in California declined in 2023 after federal and state courts ruled in 2022 that a physical location was necessary for plaintiffs to file an ADA-based web accessibility lawsuit. 

Lainey Feingold’s Perspective on the Growing Number of Digital Accessibility Lawsuits

Internationally recognized disability rights lawyer, author, and speaker Lainey Feingold shared her concerns with the growing number of digital accessibility lawsuits during her annual Digital Accessibility Legal Update with 3Play Media.

Lainey said that while these numbers can be jarring, change in civil rights enforcement isn’t achieved with fear. Sharing the results of these cases can help provide greater context around the ethics of the case. Watch her speak about this topic in a brief clip from Part One of our 2023 Digital Accessibility Legal Update:

Leading ADA Law Firms Continue to File Most Digital Accessibility Cases

The following top ten plaintiff firms file over 80% of federally filed digital ADA lawsuits, and 2023 has seen three new firms join the list. In contrast, the top 10 defense firms represent around 20% of ADA lawsuits.

Image courtesy of UsableNet

Additionally, as discussed in UsableNet’s mid-year report, new plaintiff firms joined the list in 2023, indicating increased legal engagement with digital accessibility cases and their end users. Based on data from federally filed ADA-based lawsuits, the new firms entering the list include The Law Office of Noor Saab; Nye, Stirling, Hale, Miller & Sweet LLP; and Adams & Associates, P.A.

However, growth in plaintiff firms did not extend to the other side. The stagnant list of defense firms and less consistent representation by top firms suggest a lack of engagement with defendants in ADA cases due to the tendency for courts to favor plaintiffs regarding digital accessibility.

E-commerce Continues to Receive the Most Lawsuits

Staying on trend with 2022’s UsableNet report, e-commerce companies continue to top the list of industries most targeted by ADA-based digital accessibility lawsuits. By the end of 2023, e-commerce made up 82% of lawsuits, followed by food service and education at 7% and 4%, respectively.

Image courtesy of UsableNet

According to the U.S. Census Bureau’s Annual Retail Trade Survey (ARTS), e-commerce sales increased by 43% in the first year of the pandemic. But these trends are not new. The e-commerce industry was growing rapidly before the pandemic and had consistently received the most digital accessibility lawsuits in recent years; however, the pandemic caused a pronounced shift in consumer behaviors that gave the e-commerce industry a boom in sales.

According to UsableNet’s report, 21% of the top 500 e-commerce websites received an ADA-based lawsuit in 2023. Over the last five years, 82% of the top 500 e-commerce websites received an ADA-based lawsuit.

There are many reasons why e-commerce sites are prone to digital accessibility lawsuits, including their complex nature, multiple sites and mobile apps, consistently changing content, and connection to a physical location. Examples of companies with a nexus include brick-and-mortar retailers and restaurants, both of which needed to pivot during the pandemic to online sales to stay in business.

What does the ADA say about online accessibility?

Education Rounds Out the Top Three Targeted Industries

The education industry jumped to number three on the list of industries most targeted by ADA lawsuits in 2023. This movement is unsurprising, given the recent spotlight on accessibility in higher education and a number of high-profile lawsuits against colleges and universities. According to UsableNet’s report, one active plaintiff firm filed 100 of the 104 lawsuits against education organizations in 2023.

Image courtesy of UsableNet

May 2023’s joint Department of Education (DOE) and Department of Justice (DOJ) “Dear Colleague” letter provided one of the most direct and comprehensive assessments to date on how the ADA and Section 504 apply to online content produced by higher education institutions. UsableNet suggests that this could be the reason for the rise in education lawsuits. 

The May 2023 “Dear Colleague” letter discusses the requirements colleges, universities, and postsecondary institutions must adhere to in order to remain compliant with the ADA. Further, the letter indicates that the DOE and DOJ will actively pursue enforcement actions for noncompliant entities. This updated guidance, in conjunction with the DOJ’s looming web accessibility updates, cements the importance and prioritization of digital accessibility in the education sector.

Smaller Companies Are Continued Targets

For years, large organizations were the main target of ADA lawsuits, but smaller companies (defined as having an annual revenue of under $25 million) received 73% of lawsuits in 2023.

Image courtesy of UsableNet

This figure will likely continue climbing for smaller businesses, as many of the largest companies have already been the target of ADA lawsuits in the past decade and have subsequently remediated their digital presence and/or developed robust accessibility programs.

In 2024, it will be critical for smaller companies and businesses to take action to make their websites and digital presence fully accessible now that plaintiffs and firms continue to move their attention beyond large e-commerce entities. 

Accessibility Widgets and Overlays Are Not Enough for ADA Compliance

Accessibility widgets and overlays are solutions designed to bring sweeping accessibility compliance over the entirety of a website. Unfortunately, these solutions often have issues and are not usually endorsed by disabled users.

UsableNet tracks if a website uses an accessibility widget on the day a lawsuit is filed. In 2023, over 900 businesses with an accessibility widget or overlay on their website received a lawsuit, representing a 62% increase from 2022, according to the report.

Image courtesy of UsableNet

The trend of filing ADA-based complaints and lawsuits against companies using accessibility widgets is likely to continue, as full ADA or WCAG compliance cannot be achieved using overlays or widgets alone. 

The world’s top disability thought leaders, accessibility experts, disabled users, attorneys, and more are counted among endorsers and signatories of the Overlay Fact Sheet, a resource providing helpful, detailed information on the strengths and weaknesses of accessibility overlays and widgets. Read the Overlay Fact Sheet in full to learn more about these solutions and how they impact disabled end users.

What the UsableNet Year-End Report Signals for Media Accessibility in 2024

When we talk about web and digital accessibility, media also falls into the conversation. Websites are the primary targets for ADA-based lawsuits, making up 97% of total digital accessibility lawsuits, and video accessibility makes up less than 1%, according to the report. However, it’s important to note that video accessibility is still essential to making a website accessible. As technology expands into every aspect of our lives, much of the web and its contents, including video and audio, remain inaccessible to disabled users.

A number of businesses and organizations have been sued for failing to make their videos and podcasts accessible, just like with websites. Netflix, Amazon, and FedEx have all been sued for having inaccessible videos, while podcast platforms SiriusXM, Stitcher, and Pandora were sued for not offering transcripts. Those not in the entertainment or commerce spaces, like UC Berkeley, have also faced legal challenges for a lack of accessible content. These lawsuits have set a strong precedent that the ADA usually applies to video and audio content—even when there is no nexus to a physical location.

According to UsableNet, the plaintiff in an ADA web accessibility lawsuit will likely have a visual disability. Most of the more than 4,000 ADA web accessibility lawsuits filed in 2022 and the nearly 16,000 ADA web accessibility lawsuits filed in the last five years had plaintiffs with visual disabilities. Plaintiffs with auditory disabilities came in second. Claims filed by people with hearing disabilities often focused on digital accessibility issues for video, such as a lack of captions or missing audio descriptions.

For a video to be accessible and compliant with WCAG 2.0 Level AA, it must include services such as captioning and audio description and be hosted on an accessible video player. For a podcast to be accessible, it must have transcripts.

There is no quick fix to accessibility, so businesses must invest in reputable solutions. 3Play Media has been a leader in the media accessibility space since 2008 and provides solutions to make your media fully accessible.  

There is still much work to be done regarding digital accessibility. But as further guidance and regulations on web accessibility are made available in the U.S., we hope to see the number of ADA-based digital accessibility lawsuits decrease.

In the meantime, businesses must be proactive regarding digital accessibility. By prioritizing accessibility, organizations can create inclusive digital experiences for all users while also having the added benefit of avoiding potential ADA violations and lawsuits.

This blog was originally published by Rebecca Klein on February 28, 2023, and updated by Jena Wallace on July 19, 2023. It has since been updated for accuracy, clarity, and freshness.

This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

3Play Media

The post Key Takeaways from UsableNet’s 2023 Year-End Digital Accessibility Lawsuit Report appeared first on 3Play Media.

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• Legislation & Compliance

Canada’s Online Streaming Act: Everything We Know About Bill C-11 So Far

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June 30, 2023

Navigating Broadcast Accessibility in Canada [Free Webinar]

As the landscape for media consumption continues to evolve from traditional broadcasting to online streaming, governments around the world have been working to make relevant updates to their existing legislation to address the challenges and opportunities that streaming presents.

In Canada, these updates have taken the form of Bill C-11, also known as the Online Streaming Act. Bill C-11 was passed in Spring of 2023 and is among the first legislations shaping the future of streaming media, but has not come without controversy.

In this blog, we will dive into everything we know so far about Canada’s Bill C-11, the Online Streaming Act: what it is, key takeaways, and why the bill has garnered criticism and pushback from certain entities, both domestically and internationally.

What is Canada’s Online Streaming Act?

The Online Streaming Act, or Bill C-11, was passed by the Canadian Senate in February 2023 and received Royal Assent in April of 2023. This bill amends Canada’s Broadcasting Act to include internet video and digital media. It marks the first substantial reform to the Broadcasting Act since 1991.

The Act strives to regulate online streaming services operating within Canada by establishing a fair and competitive environment for streaming platforms. Bill C-11 also aims to simultaneously prioritize accessibility, promote Canadian content and cultural diversity, and increase the power of the Canadian Radio-Television and Telecommunications Commission (CRTC).

Key Takeaways from Bill C-11

The Online Streaming Act has several areas of focus with an emphasis on elevating Canadian stories and creators to “give Canadians more opportunities to see themselves in what they watch and hear, under a new framework that better reflects our country today.”

Prioritizing Accessibility

Staying on trend with other North American pushes for more robust accessibility services on streaming platforms, Bill C-11 emphasizes the need for inclusive and accessible internet content. The bill mandates that streaming platforms provide features such as closed captioning and audio description to better support diverse and disabled communities, with a focus on options for English, French, and Indigenous languages. The bill also suggests imposing monetary penalties “for violations of certain provisions of that Act or of the Accessible Canada Act.”

Fostering Canadian Content & Cultural Diversity

One of the fundamental goals of Bill C-11 is to preserve and promote Canadian content and cultural diversity in the online streaming space. The legislation aims to better serve all Canadians by requiring use of Canadian talent and content, as well as improving the discoverability of such content on streaming platforms. The bill additionally stipulates that the CRTC “meaningfully engage” with minority and Indigenous communities to encourage the creation, availability, and discoverability of programming by those groups and communities.

Increasing the Power of the CRTC to Regulate Streaming Platforms

The bill grants the Canadian Radio-Television and Telecommunications Commission (CRTC) increased power to: 

• Regulate broadcasters and streaming services in Canada
• Provide flexible, fair, and clear directives that contribute to the creation, production, and distribution of Canadian content
• Impose conditions upon broadcasters and streaming platforms to uphold Canadian broadcasting policies
• Instate financial penalties for violation of parts of the Act

By giving the CRTC greater authority, the Government of Canada hopes to ensure the entity has the “proper tools to put in place a modern and flexible regulatory framework for broadcasting.” The Government of Canada notes that the CRTC’s policies will only apply to platforms that stream in Canada and will not extend to users, but some critics remain skeptical. Read about the proposed CRTC policy directions.

Learn key insights about Canada’s broadcast accessibility landscape with 3Play Media Canada’s Melina Nathanail

Pushback on the Online Streaming Act From Some Platforms and Content Creators

Bill C-11 has been met with pushback from some streaming platforms, content creators, and politicians, who argue that the Online Streaming Act’s regulations could pose a threat to freedom of choice, platform algorithms, and more. 

• YouTube has voiced concern for Bill C-11, saying that Canadian content creators on the platform will be at a disadvantage against non-Canadian creators. They also added that under the bill’s regulations, platforms would be forced to manipulate algorithms and “surface content according to the CRTC’s priorities, rather than the interests of Canadian users.”
• High-profile Canadian creators like author Margaret Atwood have noted that the current iteration of the bill excludes some famously Canadian-created content (or “CanCon”) like The Handmaid’s Tale from being considered Canadian under Bill C-11. The novel was originally written by Atwood and later adapted into a series by Hulu, which was filmed and set partially in Canada.
• OpenMedia, a non-partisan Canadian nonprofit organization that works to “keep the Internet open, affordable, and surveillance-free”, believes the bill is flawed in its current form and “will permanently tilt an already uneven playing field towards legacy media.” They also stress that Bill C-11 will ultimately hurt small and digital-first Canadian content creators overall.
• U.S. officials have indicated their belief that Bill C-11 could discriminate against American businesses, with some experts predicting a possible United States-Mexico-Canada Agreement (USMCA) trade dispute as a result. 
• Members of Canada’s Conservative Party have vowed to repeal the bill if the party wins the next election.

The CRTC denies that the bill will stifle creators or censor content on the internet. The commission additionally published a “Myths and Facts” website to help mitigate these concerns.

The Future of Canada’s Online Streaming Act

In May 2023, the CRTC announced plans for a public consultation process in order for streaming platforms, broadcasters, media and entertainment professionals, and Canadian citizens to share ideas on how broadcasters and platforms should support Canadian broadcasting initiatives.

The consultation process is split into three phases over 2023 and 2024, with a goal of implementing final policy decisions in late 2024. The CRTC maintains that “every step will include open and public consultations.”

• Phase 1 was launched in Spring of 2023 and kicks off the process of getting started with the development of a framework for how the Online Streaming Act will be implemented.
• Phase 2 is expected to launch in Fall of 2023 and will dig deeper into the specifics of expectations and requirements for broadcasters and streaming platforms.
• Phase 3 is targeted to begin in late 2024 and will focus on implementation of new regulations and policies.

Between public consultations and development of policies, it is expected to be at least a year before the actual scope and impact of the Online Streaming Act is known.

Canada’s Online Streaming Act could mark a big step towards the country’s modernization of broadcast legislation, but the full ramifications of Bill C-11 are still unclear at this time. The bill aims to promote accessibility, foster the creation and inclusion of Canadian content on broadcast and streaming platforms, and empower the CRTC to regulate these mediums more effectively. Yet, growing criticism of the bill’s scope and wording–from algorithms to “CanCon” to the increased power of the CRTC–is giving pause to a number of stakeholders across industries.

With the passing of Bill C-11, the Online Streaming Act, the Canadian government is signaling to platforms that regulatory frameworks are needed to address the challenges of the digital era while preserving Canadian culture and including all communities. The next year will be critical for streaming platforms and broadcasters to monitor and plan ahead for the latest Canadian updates and regulations. Keep up with latest on Canada’s Online Streaming Act and review the CRTC’s full regulatory plan here.

This blog post is written for educational and general information purposes only, and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

3Play Media

The post Canada’s Online Streaming Act: Everything We Know About Bill C-11 So Far appeared first on 3Play Media.

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• Legislation & Compliance

What Does the Latest DOE & DOJ Dear Colleague Letter Mean for Online Accessibility in Higher Education?

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June 8, 2023

How the ADA Impacts Online Video Accessibility [Free eBook]

In a “Dear Colleague” letter released on May 19, 2023, the U.S. Department of Justice (DOJ) and Department of Education (DOE) highlight the ongoing efforts to address barriers that prevent people with disabilities from fully participating in online services, programs, and activities offered by colleges, universities, and other postsecondary institutions. 

The letter is particularly notable for being published jointly by both the DOE and DOJ, confirming the U.S. government’s alignment of priorities around online accessibility. In the letter, they reaffirm the responsibility of ensuring online accessibility and complying with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.

This joint DOE and DOJ “Dear Colleague” letter provides one of the most direct and comprehensive assessments to date on how the ADA and Section 504 apply to online content produced by higher education institutions.

But what does the latest “Dear Colleague” letter really mean for colleges and universities?

In this blog, we’ll explore the key takeaways from the joint DOE and DOJ “Dear Colleague” letter, where UC Berkeley’s Consent Decree with the DOJ fits in, and how higher education institutions may be impacted.

The May 2023 DOJ/DOE Dear Colleague Letter

In May 2023, the DOJ and DOE published a “Dear Colleague” letter on the topic of online accessibility at higher education institutions. The letter was broken down into four parts and covers:

• Barriers faced by people with disabilities when it comes to participation in online learning services, programs, and activities.
• How online accessibility is covered under the ADA and Section 504
• How the DOJ and DOE have addressed and enforced compliance to ensure online accessibility in higher education
• Guidance and resources for online accessibility

The decision by the DOJ and DOE to publish the “Dear Colleague” letter together sends a powerful message to the higher education industry at large: online accessibility must be prioritized for services, programs, and activities used by both students and the general public.

Let’s take a closer look at some of the key takeaways from the letter.

The DOJ and DOE Stress the Importance of Accessible Online Education

The DOJ and DOE note that in recent years, colleges, universities, and postsecondary institutions have increasingly relied on websites and third-party web platforms to provide services, programs, and activities for both students and the general public. 

However, the DOJ and DOE maintain that much of the online content produced by higher education remains inaccessible to disabled individuals who may use captions, screen readers, voice recognition software, and more.

The letter goes on to identify examples of specific digital content types and platforms that are used to distribute educational services, programs, and activities: 

• Learning platforms such as edX, Coursera, and Kadenze
• Podcasts and videos
• Social media and third-party media platforms such as YouTube, Spotify, and Apple Podcasts
• Other websites and platforms where higher education content (including lectures, sporting events, graduation ceremonies, and more) is distributed

The DOJ and DOE state that both students and the general public have a right to accessible content posted online by universities, in accordance with the ADA and Section 504:

What Does the ADA and Section 504 Say About Online Accessibility at Higher Education Institutions?

The DOJ and DOE reference two Federal U.S. laws, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, throughout the latest “Dear Colleague” Letter. These laws provide the legal framework for how the government entities approach online accessibility.

The ADA and Section 504 require higher education institutions, both public and private, to provide equal opportunities for people with disabilities in all operations, including online. And by calling each of these regulations out, the DOJ and DOE are stating in no uncertain terms that the ADA and Section 504 apply to online content produced by higher education institutions.

The ADA

Title II of the ADA prohibits public institutions from denying qualified individuals with disabilities the opportunity to participate in or benefit from services, including online-based programming.

Title III of the ADA extends this protection for disabled individuals to private institutions.

The DOJ and DOE specify that public and private institutions “must take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with others.” This means that the DOJ and DOE expect higher education institutions to provide auxiliary aids and services, such as interpreters, captioning, accessible technology, and more.

Section 504

Section 504 requires that any institution receiving federal financial assistance provide appropriate auxiliary aids and services to ensure equal access for students with disabilities.

In the letter, the DOJ and DOE stress that because most public and private colleges, universities, and other postsecondary institutions receive financial assistance from the Department of Education, “all of their operations, including all their online programs and activities, are covered by Section 504.”

Dive into the ADA’s impact on online accessibility

Higher Ed Will Be Held Accountable for Inaccessible Content

The joint DOE and DOJ “Dear Colleague” letter dedicates its second half to discussing enforcement actions and guidance for navigating the creation of accessible online content. It also provides a review of recent compliance efforts and enforcement initiatives around digital and online accessibility, with a particular focus on the 2022 Consent Decree between UC Berkeley and the DOJ.

Both the DOE and DOJ share responsibility when it comes to enforcing compliance and addressing inaccessible higher education content. In addition to Berkeley’s Consent Decree, the letter notes that the DOE’s Office for Civil Rights (OCR) has “resolved and monitored more than 1,000 cases in recent years related to digital access that were triggered by complaints of discrimination by members of the public.”

The letter adds that the OCR additionally launched 100 compliance reviews around digital accessibility in May of 2022, The reviews included a look at both public- and student-facing websites as well as educational platforms maintained by higher education institutions. In less than a year, the DOJ and DOE note that OCR has resolved over 50 of the compliance reviews.

What the Consent Decree Between UC Berkeley and DOJ Means for Higher Ed and Accessible Online Content

The DOJ conducted an eight-year investigation into the accessibility of the University of California at Berkeley’s (UC Berkeley) online content following a 2014 complaint submitted by the National Association of the Deaf (NAD). The original complaint alleged that many of the school’s online courses, lectures, and other content posted on UC Berkeley’s MOOC, UC BerkeleyX, were inaccessible to people who are D/deaf or hard of hearing due to a lack of captions.

In December 2022, a Consent Decree between UC Berkeley and the DOJ was approved. The Consent Decree requires UC Berkeley to make all online content accessible. While the initial investigation mainly applied to UC BerkeleyX, the Consent Decree broadened the scope of affected online content to additionally include all publicly accessible websites on berkeley.edu and subdomains, as well as content published by UC Berkeley on third-party platforms like YouTube, Spotify, or Apple Podcasts.

The Consent Decree also requires UC Berkeley to “revise its policies, train relevant personnel, designate a web accessibility coordinator, conduct accessibility testing of its online content, and hire an independent auditor to evaluate the accessibility of its content.”

The “Dear Colleague” letter’s focus on the UC Berkeley’s Consent Decree cements the DOE’s and DOJ’s shared initiative of making all higher education online content accessible. Furthermore, it offers a glimpse into where the DOJ and DOE may be heading when it comes to holding educational institutions accountable for inaccessible content.

Read the full DOJ and UC Berkeley Consent Decree.

How Higher Ed Institutions Should Proceed

With the DOE’s and DOJ’s holistic focus on digital accessibility in higher education and emphasis on compliance, many content producers and stakeholders at colleges, universities, and other postsecondary institutions may be wondering how to proceed. Fortunately, there are some easy ways to work towards optimal accessibility and stay ahead of the curve:

Learn from UC Berkeley

UC Berkeley’s Consent Decree with the DOJ set a new precedent for online accessibility in higher education. We have a helpful write-up of the takeaways and implications aimed at helping you determine next steps for your institution’s accessibility plan.

Caption Everything & Caption Well

The “Dear Colleague” letter references captioning multiple times throughout. It also references the idea of “meaningful video captions,” which implies that caption quality and accuracy may become a higher priority for the DOJ and DOE when reviewing compliance issues. This aspect is expanded upon in the UC Berkeley Consent Decree, when UC Berkeley’s YouTube channel was deemed inaccessible due to sole reliance on YouTube’s auto-generated captions without remediation.

Accessibility is More Than Video Captions

The letter touches on a broad range of accessibility issues and services that can remediate them. While captions remain a huge focus, the DOJ and DOE make it clear that other “auxiliary aids and services” are necessary for accessibility compliance. This includes screen reader compatibility, audio description, WCAG 2.0 compliance, podcast transcription, and more.

The joint DOE & DOJ “Dear Colleague” letter published in May 2023 provides some of the strongest guidance yet for web accessibility in higher education, but many of the themes are ones that have been hinted at in previous guidances and Consent Decrees over the past several years. 

The letter itself is a critical reminder about the necessity of online accessibility, but also functions as a strong statement to those in higher education that the DOJ and DOE expect all online content to be accessible going forward.

Read the full Dear Colleague Letter on Online Accessibility at Postsecondary Institutions.

This blog post is written for educational and general information purposes only, and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney.

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• Legislation & Compliance

Legal Requirements for Stadium Captioning

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April 19, 2023

Baking Accessibility into Your Event Strategy [FREE webinar]

Whether it’s a concert, sporting event, or theatrical performance, attending live events is a source of joy and excitement for many people. The energy of the crowd, the spectacle of the performance or game, and the sense of being part of something special all contribute to the magic of live entertainment.

However, for those who are deaf or hard of hearing, this experience is incomplete without access to live captions. In-stadium captioning ensures that everyone has the opportunity to fully experience the event. This blog will cover legal requirements for accessible in-stadium viewing.

The Americans with Disabilities Act

Signed in 1990, the Americans with Disabilities Act (ADA) is the most far-reaching piece of accessibility legislation in the U.S.

The act and its amendments guarantee equal opportunity for disabled people in employment, state and local government services, public accommodations, commercial facilities, and transportation. The ADA affects both public and private entities.

The ADA mandates that it’s the responsibility of public and private organizations to provide equal access through appropriate accommodations. The act includes 5 sections or “Titles;” Titles II and III impact web accessibility and closed captioning.

Stadium Captioning Accessibility Laws Under the ADA

Under Title III of the ADA, stadiums and arenas must provide auxiliary aids and services, including captioning, to ensure effective communication for individuals who are deaf or hard of hearing. Specifically, the ADA’s regulations on “Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities” (28 CFR Part 36) provide guidance on the requirements for effective communication for D/deaf and hard of hearing individuals. This requirement applies to both new and existing facilities.

The specific requirements for in-stadium captioning under the ADA include the following:

• Captioning for public address announcements: Stadiums must provide captioning for all public address announcements made during events, such as game scores, player names, and other important information.
• Captioning for videos: If stadiums display videos on scoreboards or other screens, they must provide closed captioning for those videos.
• Captioning for emergency announcements: In the event of an emergency, stadiums must provide captioning for any announcements made over the public address system.
• Captioning for other communications: Stadiums must also provide captioning for any other communications that are necessary to ensure effective communication for individuals who are D/deaf or hard of hearing.

There is no minimum seating capacity under the ADA that would exempt a stadium or arena from providing accessibility for disabled individuals. The ADA applies to all public accommodations, regardless of their size or capacity.

While captions are legally required for any type of event, specifications may vary based on factors like venue size or the type of event. For example, a sports event may require captioning that can keep up with fast-paced commentary, whereas a concert may require captioning that can be synced to the music.

It’s also important to consider that live captions are not enough to be fully accessible. American Sign Language (ASL) interpreters should be considered for in-stadium events in addition to live captioning. As professional sports sign language interpreter Brice Christianson explained in an episode of 3Play Media’s Allied podcast, English is a second language for many in the Deaf community:

 Learn how to bake accessibility into your event strategy 

Past Legal Settlements for Stadium Accessibility

Let’s review some settlements between the U.S. Department of Justice (DOJ) and various universities and venues.

Ohio State University
In 2009, a group of deaf students at Ohio State University filed a complaint alleging that Ohio State’s athletic department discriminated against D/deaf and hard of hearing individuals by failing to provide auxiliary aids and services at Ohio Stadium and Value City Arena at the Jerome Schottenstein Center.

An agreement was reached between Ohio State University and the DOJ that requires the university to provide open captioning on the scoreboard and closed captioning through individual devices at all home games.

The settlement also requires the university to provide open captioning for all public announcements and emergency alerts made through its public address system. Captions must be visible from all areas of the stadium and remain on the scoreboard until the corresponding announcement is complete.

Under the agreement, Ohio State University must also provide training to its staff about how to ensure that the captioning is functioning properly and provide assistive listening devices to D/deaf and hard of hearing attendees.

Ohio State is part of the Big Ten Conference of universities, the oldest Division 1 collegiate athletic conference in the United States. The NAD used the Ohio State settlement as a model to other Big Ten universities, sending them a letter outlining the settlement agreement with Ohio State and requesting that these universities adopt similar policies and practices to ensure their stadiums provide equal access to deaf and hard of hearing fans.

The Denver Pepsi Center

In 2018, a deaf individual filed a complaint against the Denver Pepsi Center, alleging that the arena violated the ADA by failing to provide captioning during games.

The owner of the Denver Pepsi Center settled the lawsuit with a consent decree that requires open captions on ribbon boards that can be seen from every seat in the stadium.

The captions cover all public announcements, and an independent monitor was appointed to check the accuracy of the captions.

The University of Maryland

In 2013, the NAD filed a lawsuit against the University of Maryland on behalf of two deaf individuals who regularly attended athletic events at the university. The events were not captioned and violated the ADA.

The agreement between the University of Maryland and the DOJ requires the university to provide accessible captioning services, including closed captioning on screens and assistive listening devices, for all home football and basketball games.

The University of Maryland must provide captions that are “accurate, complete, and synchronized with the spoken words,” and provide training to staff on the use of captioning equipment and services.

In-Stadium Captioning: A Necessity for Accessibility and Legal Compliance

In-stadium captioning is a legal requirement that must be fulfilled by stadiums and event organizers. Failure to comply with in-stadium accessibility requirements can result in legal action and penalties. Therefore, it is essential for stadiums to prioritize fulfilling these legal requirements to avoid legal consequences and to promote equal access for all fans.

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• Legislation & Compliance

Luna Perez v. Sturgis Public Schools: A Win for the Disability Community

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April 12, 2023

How To Tell Whether Universal Design for Learning is Working [FREE webinar]

On March 21, 2023, The U.S. Supreme Court unanimously voted to allow Miguel Luna Perez, a deaf student in Michigan, to sue his school district for failing to provide an adequate education.

The government’s decision shows support for students with disabilities; students should feel confident about advocating for themselves and taking legal action to address educational barriers.

Luna Perez v. Sturgis Public Schools

Petitioner Miguel Luna Perez was a student in Michigan’s Sturgis Public School District from ages 9 through 20. Throughout his time at Sturgis schools, Perez was assigned ASL interpreters who didn’t know sign language or were not present in the classroom. Perez and his family were also misled about his educational progress—the initial claim stated that Perez had been on the honor roll for years even though he couldn’t read or write by the age of 20.

Despite his apparent honor roll status, Perez and his family were informed only months before graduation that he didn’t qualify for a high school diploma. This prompted them to file a complaint with the Michigan Department of Education, alleging that Sturgis violated the Individuals with Disabilities Education Act (IDEA) by failing to provide Perez with a free and appropriate public education.

The parties reached a settlement in which Sturgis agreed to provide the relief Perez sought, including additional schooling at the Michigan School for the Deaf. After settling the complaint, Perez sought compensatory damages by filing his lawsuit in federal court under the Americans with Disabilities Act (ADA).

Sturgis moved to dismiss the lawsuit, claiming that an IDEA provision barred Perez from bringing an ADA claim without first exhausting all of the IDEA’s administrative dispute-resolution procedures.

The district court agreed with Sturgis and dismissed the suit. The Supreme Court, however, sided with Perez and unanimously ruled that Perez can sue for alleged disability discrimination under the ADA.

Learn how to implement Universal Design for Learning at your university [FREE webinar]

The Ruling’s Implications

In the words of Justice Neil Gorsuch, this ruling “holds consequences not just for Perez but for a great many children with disabilities and their parents.”

There is certainly no shortage of ADA lawsuits in the U.S.—2022 alone saw 8,694 ADA Title III lawsuits in federal courts. This case, however, stands out.

A Message to Students with Disabilities

Accessibility laws and guidelines are notoriously vague and difficult to navigate. The Perez ruling provides some clarity by sending a clear message: students can sue a school for damages under the ADA when they haven’t exhausted the administrative process required by the IDEA.

Following the Court’s ruling, students or families seeking monetary relief based on legislation other than the IDEA can go to court without going through the administrative process of the IDEA. This makes taking legal action related to accessible education much easier. The Supreme Court has signaled that students with disabilities should feel empowered to fight for complete relief when they face discrimination.

Unanimous Support for Students with Disabilities

The accessibility legal landscape is impacted by the country’s political climate. Former President Trump’s proposed 2021 budget included multiple initiatives that posed a potential threat to members of the disability community, including making cuts to funding for disability-focused programs. A Republican-controlled House Judiciary Committee approved a 2017 bill called the ADA Education and Reform Act that makes it more difficult for disabled people to sue for discrimination. This legislation has been introduced in different iterations before, but President Obama was prepared to veto it.

The attitude towards accessibility has dramatically shifted during President Biden’s time in the White House; the Biden Administration has repeatedly demonstrated its commitment to equal access for all Americans. Luna Perez v. Sturgis Public Schools is a reinforcement of this trend, and the unanimous decision shows that liberal and conservative Justices can come to a resounding agreement on matters of textual language, in this case regarding the terms of the IDEA.

Looking Ahead

The Luna Perez v. Sturgis Public Schools case reinforces the legal requirement for educational institutions to ensure that their content is accessible to individuals with disabilities, including those who are d/Deaf or hard of hearing. This means that institutions must provide appropriate auxiliary aids and services, such as closed captions or transcripts for video content and ASL interpreters, to ensure effective communication and access for individuals with disabilities.

The ruling represents disabled students’ ability to take action when they’re not getting the educational experience to which they’re entitled.

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• Accessibility

The Rise of Accessible Gaming

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September 28, 2022

Inclusive Design in XR and Beyond [Free Webinar]

The online gaming community is one of vibrance and diversity. It is also enormous: More than 216 million people in the U.S. play video games regularly, and the booming industry is expected to grow to $321 billion by 2026 globally. 

Of the Americans that play video games, 46 million have one or more disabilities. For all consumers to enjoy their favorite video games, the games must be accessible to them. This need creates a large demand for accessibility in the gaming space.

The History of Accessible Gaming

Historically, gaming has not been particularly welcoming to the disability community. Gamers with disabilities were forced to adapt if they wanted to play, putting the onus on consumers to make gaming accessible for themselves.

Developers have historically been hesitant to incorporate accessibility best practices into their products. There is often a fear that doing so is expensive and interferes with the developers’ creative vision. Accessibility has traditionally been considered an afterthought for developers, making it an easy component to overlook. Failing to consider accessibility at the beginning of the design process makes accessibility considerations much harder to integrate into a game.

The Rise in Gaming Accessibility

Game developers may have hesitated to consider accessibility in their game design in past decades, but times are changing. The boom in gaming during the COVID-19 pandemic gave rise to an increase in gaming accessibility. 

In an Allied podcast episode on this topic, gaming accessibility & localization expert Belén Agulló García spoke to the rise in accessibility in the industry:

“For example, 20 years ago, you couldn’t imagine a blind gamer, or a gamer with low vision, or with hearing loss, or with reduced mobility, that they would be able to play a game and enjoy it without barriers. But now, it’s a reality. And I think that’s super exciting, really. It’s amazing.”

People like Ian Hamilton, a UX designer & accessibility consultant who specializes in game accessibility, are helping to minimize the misconceptions around gaming accessibility. 

Here are some statistics Hamilton shares in the Washington Post about encounters with skeptics:

“The ‘one-handed control option in Uncharted 4 was used by 1/3 (i.e. millions) of their players,’ Hamilton said. ‘Subtitles were turned off by default in Assassins Creed: Origins [and] just over 60 percent of players turned them on. So Ubisoft had them on by default in Assassins Creed: Odyssey, and 95 percent of players left them on. [When] they did the same in Far Cry New Dawn, 97 percent of players left them on.’”

Explore how we can approach XR through an inclusive design lens

Companies Embracing Accessible Gaming

Studios such as Naughty Dog, Ubisoft, and Epic Games are incorporating feedback from disabled gamers into their games.

As of December 31, 2018, any video game communication functionality released in 2019 and beyond must be accessible to people with sight, motor, speech, cognitive, and hearing disabilities. These requirements are outlined in the 21st Century Communications and Video Accessibility Act (CVAA).

AbleGamers, a nonprofit organization for the disabled gaming community founded by gamer and advocate Mark Barlet, raised over $1 million in 2021 for the AbleGamers Foundation, a “nonprofit public charity that aims to improve the overall quality of life for those with disabilities through the power of video games.”

Companies and individuals are also creating new types of hardware that make it possible for players with mobility impairments to play the games they love. Examples include Xbox’s Elite Wireless Controller Series 2 and console modder Ben Heck’s single-handed wireless Xbox 360 controller and single-handed PS4 controller. Xbox also released a co-pilot mode that allows another player to assist with certain actions.

Celeste, a game that follows a woman on her journey up a mountain, has an assist mode that sets an example for game developers considering accessibility in their creation process. Features include speed adjustment, invincibility, and more. 

This 2018 release removed barriers to the world of Celeste and allowed many more players to enjoy the game. Celeste’s success led to an increase in gaming accessibility across the industry, which Mira Shin describes in DO-IT: 

“God of War introduced a variety of customizable controls, the ability to replace some fine motor tasks and repeated button taps with a single button push, and several subtitle and display options to the franchise. In Marvel’s Spider-Man, the player can auto-complete quick time events, skip puzzles, turn on large subtitles, change taps to holds, and disable parallaxing. The Last of Us 2 made news worldwide with not only its extensive accessibility menu, but the fact that it guided the player to the menu at the beginning of the tutorial to allow users to make these changes from the very start.”

However, Shin also notes that many of these games require a degree of fine motor control. While game creators have made great strides in accessibility, there is still work to be done for disability inclusion.

Resources for Accessible Gaming

Whether you’re a developer who cares about making your game more accessible or a gamer who wants to stay up-to-date on all things gaming accessibility, there are many resources for you. We’ve compiled a list of a few of our favorites.

For players:

• DAGERSystem

• Can I Play That?

• SpecialEffect

• The IGDA Game Accessibility Special Interest Group

For developers:

• Accessible Player Experiences (APX)

• Gaming Accessibility Guidelines

• Xbox Accessibility Guidelines (XAG)

• Gaming and Disability Player Experience Guide (GADPEG) 
• Read our blog post about the work of Anita Mortaloni, Director of Accessibility at Microsoft, and Sean McIntyre, Product Marketing Manager at Xbox, to learn about Xbox’s accessibility approach and why “day one” accessibility is important.

Video games allow consumers to escape their world and experience things that would otherwise be impossible. Accessibility must be taken into account from the very beginning of developers’ design processes to make the unimaginable a (virtual) reality for all.

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• Legislation & Compliance

A Quick Guide to the Accessible Canada Act

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September 21, 2022

Read this blog in French | Lire ce blog en français

Accessibility in Ontario: How the AODA Impacts Web and Online Video [Free eBook]

When it comes to breaking down barriers for people with disabilities, there’s no such thing as “too accessible.” Just ask Canada.

In 2018, Canada introduced the Accessible Canada Act (ACA), an accessibility law that aims to make the country barrier-free by 2040. This article will bring you up to date with the most recent ACA developments.

What Is The Accessible Canada Act?

In June 2018, Carla Qualtrough, the Canadian Minister of Sport and Persons with Disabilities, proposed the ACA to Parliament. Before the proposal, the Government consulted with the public to solicit feedback on what the accessibility law should include.

The bill, formally known as Bill C-81, was unanimously passed on May 13, 2019, and sent to the House of Commons for Royal Assent. Royal Assent took place on Jun 21, 2019, and the law came into full force on July 11, 2019.

A key principle of the ACA is “Nothing Without Us”, which means that persons with disabilities should be consulted when developing laws, policies, and programs that impact them. In keeping with this principle, the Government of Canada works with persons with disabilities, and organizations that advocate on their behalf, to better understand the full diversity of the community it serves.

The ACA extends to all of Canada and is a testament to the country’s commitment to improving access for people with disabilities.

Proposing an Accessibility Framework for All of Canada

The ACA aims to prevent barriers to federal jurisdiction across Canada. Canada’s provinces and territories have some of the most progressive accessibility laws in the world, including the Accessibility for Ontarians with Disabilities Act (AODA). However, until the ACA was passed, Canada had no country-wide accessibility legislation.

The legislation establishes a framework for developing, implementing, and enforcing accessibility standards starting in seven priority areas. Those priority areas include:

• Employment
• The built environment
• Information and communication technologies (ICT)
• Communication other than ICT
• The design and delivery of programs and services
• The procurement of goods, services, and facilities
• Transportation

The Accessible Canada Regulations

The Accessible Canada Regulations (ACR) came into force in December 2021. The ACR are a set of regulations under the ACA and establish the rules that federally regulated entities must follow when publishing accessibility plans, setting up feedback processes, and developing progress reports. Regulations include deadlines for accessibility plans, exceptions, and rules for alternate formats, among others.

Guidance materials are available to help federally regulated entities meet or exceed the regulatory requirements.

The Accessible Canada Act Covers All Canadian Federal Organizations

The ACA applies to any federal or private organization under federal jurisdiction, such as banking, telecommunication, and transportation.

A federal organization refers to:

• Departments
• Agencies
• Crown organizations
• Parliament
• Private sector businesses under federal jurisdiction

Under the ACA, federal organizations are required to create an accessibility plan, in consultation with individuals with disabilities, with strategies to improve their organization’s accessibility. Organizations must publish the plans, respond to feedback from stakeholders, and post annual progress updates available to the public.

Creating New Roles, Organizations, and Committees

Thanks to the ACA, the Government created new roles, committees, and organizations to ensure proper oversight of the legislation. These include Accessibility Standards Canada and a Chief Accessibility Officer and Accessibility Commissioner, both of which were newly appointed in 2022.

Accessibility Standards Canada

The legislation established Accessibility Standards Canada (ASC) to develop national accessibility standards. ASC is a public organization and the first federal organization majority-led by persons with disabilities.

ASC has established several technical committees that actively develop standards that remove barriers in several priority areas. Compliance with standards developed by ASC is voluntary unless they are adopted into regulations.

Technical committees include accessibility experts, persons with disabilities, and representatives from organizations required to meet accessibility standards.

On September 20, 2022, ASC hosted its second annual public meeting online. In the coming year, Canadians can expect to have the opportunity to review several ASC standards. The organization will also publish its first completed standard.

Chief Accessibility Officer

The Chief Accessibility Officer advises the Minister presiding over the ACA and oversees the implementation of the act across all organizations and sectors to which the act applies. The Chief Accessibility Officer also releases an annual report on what has been achieved in realizing a barrier-free Canada.

Accessibility Commissioner

The Accessibility Commissioner is a full-time Governor in Council (GIC) appointment under the Canadian Human Rights Act on the recommendation of the Minister of Justice. Reporting to the Chief Commissioner of the CHRC, the Accessibility Commissioner provides executive leadership and direction within their jurisdiction to administer and enforce the ACA and its regulations.

Learn more about web accessibility in Canada

Where to Report an Accessible Canada Act Violation

Any grievances and complaints due to an ACA violation may be filed with the Accessibility Commissioners Office, the Canadian Transportation Agency, or the Canadian Radio-television and Telecommunications Commission.

The Canadian Transportation Agency will deal with complaints related to accessibility in the federal transportation network, and the Canadian Radio-television and Telecommunications Commission will deal with complaints related to accessibility in the broadcasting and telecommunications sectors.

Federal public servants should continue to file complaints due to an ACA violation with the Federal Public Sector Labour Relations and Employment Board.

Remedies for complaints include:

• Reimbursement of expenses and lost wages
• Compensation for pain and suffering

What’s on the Horizon?

The Government will work to measure progress on the implementation of the ACA, collaborating with Statistics Canada and other federal partners to collect and analyze accessibility data under the Accessibility Data and Measurement Strategy. This 5-year strategy proposes work in four core areas:

• Identify Knowledge and Data Gaps, and Develop Indicators
• Promote Common Approaches to Measurement
• Expand and Integrate Data Sources
• Data and Knowledge Mobilization

Additionally, to help meet the ACA’s objective of realizing a barrier-free Canada by 2040, the Government is developing a Disability Inclusion Action Plan. It will focus on reducing poverty among Canadians with disabilities, getting more persons with disabilities into good quality jobs, making it easier for persons with disabilities to access federal programs and services, and fostering a culture of inclusion.

Learn more about accessibility in Canada with our free ebook, Online Video & The AODA.

This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

This blog was originally published by Jaclyn Leduc in July 2019 and has since been updated for accuracy.

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• Captioning

FCC Closed Captioning Quality Standards for Video Programming

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August 30, 2022

FCC Rules for Online Video Captioning: Are You Compliant? [White Paper]

The FCC closed captioning quality standards remain as pertinent to video content creators today as they did upon their initial release.

Back in February 2014, the Federal Communications Commission (FCC) released a declaratory ruling on closed captioning quality standards for video programming. 

These rules provide clarification around captioning standards and create consistency across captioned video content. While the FCC closed captioning ruling applies specifically to television, these standards have proven to be valuable across platforms.

The FCC stated in this report that quality standards for the closed captioning of television programming are of increasing importance due to their impact on standards for online video, as well. Closed captioning standards for online video are additionally supported by the passage of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA), which requires that online video that previously aired on television have captions “of at least the same quality as when such programs are shown on television”; as well as WCAG 2.0 and higher, the international standards for web accessibility, and its Success Criterion for captions.

So what are the FCC closed captioning quality standards? Basically, the rules address four aspects of caption quality: 

• Accuracy
• Synchronicity
• Program completeness
• Placement 

The FCC states that these components are essential for ensuring accessible closed captions. Let’s take a look at each of these captioning elements more carefully.

Caption Accuracy

The FCC closed captioning guidelines state, “In order to be accurate, captions must match the spoken words in the dialogue, in their original language (English or Spanish), to the fullest extent possible and include full lyrics when provided on the audio track.” More specifically, they require captions to include all words spoken in the order spoken (i.e., no paraphrasing). This also means that the captions must use proper spelling, spacing, capitalization, and punctuation.

Further, they differentiate that accurate closed captions must convey the tone of the speaker’s voice and intent of the content. The goal here is for captions to maintain the impact of the performance so that the overall message is not lost on the viewer. For example, if slang or grammatical errors are intentionally used for effect or emphasis, this should be reflected in the captions.

The FCC also specifies that captions with nonverbal information (sound effects, music, speaker identification, etc.) must be provided to be considered accurate.

Caption Synchronicity

The FCC states, “In order to be synchronous, captions must coincide with their corresponding spoken words and sounds to the greatest extent possible.” It also denotes that the captions must occur at a speed that can be read by viewers. And, if a program is edited for rebroadcast, it requires that captions be reformatted to provide accurate synchronization.

Caption Completeness

Here, the FCC states, “In order for a program’s captions to be complete, captions must run from the beginning to the end of the program, to the fullest extent possible.” Prior to 2014, it wasn’t uncommon for captions to paraphrase, skip dialogue, and even entirely drop off in the middle or before the end of programming, despite efforts on the part of the FCC to minimize this issue. Now, any program that does not include complete closed captions up to its conclusion is in violation of these standards.

Caption Placement

In response to complaints of captions obscuring important information, such as on-screen text or graphics, the FCC states that “captions should not block other important visual content on the screen including, but not limited to, character faces, featured text (e.g., weather or other news updates, graphics and credits), and other information that is essential to understanding a program’s content when the closed captioning feature is activated.”

As an example, if you are watching a documentary and there is text on the bottom of the screen that states the speaker’s name and profession, closed captioning must be moved to another part of the screen to avoid obscuring the information.

The guidelines go on to require that captions not run off the edge of the screen and that the text is sized appropriately for legibility.

Are You Compliant with FCC Closed Captioning Guidelines?

How Accurate Should Closed Captions Be?

Most vendors that provide recorded closed captioning propose caption accuracy rates that are almost perfect. At 3Play Media, our average measured accuracy is 99.6%, and we guarantee over 99%, even in cases of poor audio quality, multiple speakers, difficult content, and accents.

The FCC’s captioning standards do allow some leniency for captioning live programming: “Although we recognize the need for a slight delay in the delivery of captions for live programming, the delay in the presentation of live captions should be kept to a minimum, consistent with an accurate presentation of what is being said and the overall goal of ensuring that captions enable viewers to follow the program.”

It is important to note that even before the FCC closed captioning standards were updated in 2014, it was possible for live programming to be captioned at a high rate of accuracy. For instance, the U.S. House of Representatives provides real-time verbatim closed-captioning of televised proceedings. Their requirements? The contractor should provide 98.6% accuracy of verbatim captioning.

The FCC closed captioning quality rules and other legal captioning requirements compel live programming to be captioned universally at this high of an accuracy rate.

Implications for Captioning Online Videos

Because captions for video programming must adhere to the FCC’s guidelines, not to mention the adoption of WCAG requirements by many web videos, there has been a continuous improvement in quality of web captions. More directly, if we are looking at recorded programming to be placed online, accuracy rates should be as perfect online as they are on broadcast television.

The FCC closed captioning guidelines leave little room for error, leading to a noted improvement in captioning quality across both video and online programming over the past several years.

This post was originally published on April 3, 2014, by Lily Bond. This blog was updated on July 9, 2019 by Jaclyn Leduc and has since been updated again for accuracy, clarity, and freshness.

This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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• Legislation & Compliance

What You Need to Know About the AODA

Elisa Lewis

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July 1, 2022

Read this blog in French | Lire ce blog en français

How the AODA Impacts Web and Online Video Accessibility [Free Ebook]

On January 1, 2021, Canadians and accessibility enthusiasts celebrated more than just a new year; they also marked a new phase of the AODA. 

By the date above, all public websites and web content, including video content, posted after January 1, 2012, were required to meet WCAG 2.0 Level AA guidelines.

What is the AODA?

The Accessibility for Ontarians with Disabilities Act, otherwise known as the AODA, is an accessibility law based in Ontario, Canada, and it regulates standards across government, public, and private sectors. It was enacted in 2005 to create a barrier-free Ontario by 2025.

Under the AODA, all large private and non-profit organizations with 50 or more employees and all public sector organizations are required to make their websites accessible. 

According to the Ontario Ministry of Community and Social Services, 1 in 7 Ontarians has a disability, which is expected to rise in the coming years. 

To attain the goal of a barrier-free Ontario, the AODA has set forth a series of implementation phases to reach full compliance by 2025.

If companies aren’t proactive about accessibility, there are penalties for failing to comply with the law. Corporations can face significant fines of up to $100,000 for each day they aren’t compliant with the AODA. 

Additionally, directors and officers can be found liable for fines of up to $50,000 for each day their organization fails to comply.

Learn how the AODA impacts web and video accessibility in Ontario

The AODA and WCAG 2.0

The AODA mandates that web content and online video must conform to the Web Content Accessibility Guidelines (WCAG) 2.0 AA success criteria with two exceptions: criteria 1.2.4 (live captions) and criteria 1.2.5 (audio descriptions). WCAG is the internationally accepted standard for website accessibility developed by the World Wide Web Consortium (W3C).

When organizations follow WCAG standards, they make their content accessible to users with disabilities. Considering the fact that 71% of people with disabilities leave a website immediately if it’s inaccessible, following WCAG will help attract and retain visitors to your site. 

Each WCAG guideline has three levels of compliance: level A, AA, and AAA. Level AA is considered the industry standard for web accessibility and is referenced in many laws and policies worldwide, including the AODA. 

Are your videos compliant with the AODA?

Producing WCAG-Compliant Videos

For video content to comply with WCAG 2.0 Level AA, it must be made accessible with captions and audio description.

For time-based media, like online video content, here’s what your organization needs to provide: 

Since WCAG is backward compliant, to meet Level AA standards, you must meet Level A standards as well. 

The Roadmap to Video Accessibility

The journey toward achieving accessibility may seem challenging, but with the right tools and resources, you’ll be well-equipped to give all Ontarians access to your website and video content.

This post was originally published on August 21, 2020, by Elisa Lewis and has been updated for freshness, accuracy, and comprehensiveness.

This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

Elisa Lewis

Elisa Lewis is a Senior Marketing Manager at 3Play Media, where she leads content and brand strategy. She is passionate about accessibility, storytelling, and building connections through communication.

The post What You Need to Know About the AODA appeared first on 3Play Media.

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• Legislation & Compliance

AODA Video Requirements & Canadian Accessibility Standards

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June 28, 2022

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How the AODA Impacts Web and Online Video Accessibility [Free Ebook]

Ontario offers some of the most comprehensive web accessibility standards in the world.

The Accessibility for Ontarians with Disabilities Act (AODA) was instated in 2005 with the intention of creating a barrier-free Ontario by 2025. The AODA regulates accessibility standards across government, public, and private sectors, with requirements affecting five different areas of business: customer service, employment, information and communications, transportation, and design of public spaces. AODA compliance for video requirements, under WCAG, also mandates accessible video for people with disabilities.

The AODA standards aim to eliminate obstacles for people with disabilities in public and private life.

An Accessible Ontario by 2025

According to the Ontario Ministry of Community and Social Services, one in seven Ontarians has a disability. This number is expected to increase as people age, with disability affecting one in five people by 2036.

The Accessibility for Ontarians with Disabilities Act was passed to set an accessibility standard in which no person with a disability is prevented from fully participating in all aspects of society because of a disability. This commitment entails removing barriers, whether they be physical, architectural, technological, or informational. AODA video requirements also call for accessible video.

Importantly, the AODA seeks to include people with disabilities in the creation of official accessibility standards so their needs can be adequately met and their voices heard.

Three years after passing the AODA, Ontario passed the Accessibility Standards for Customer Service (Ontario Regulation 429/07), which focuses on creating accessible infrastructure in Ontario. This was followed in 2011 by the passage of the Integrated Accessibility Standards Regulation (Ontario Regulation 191/11), which sets standards for electronic communications.

Accessibility in Ontario: How the AODA Impacts Web and Online Video Accessibility

Recent AODA Requirement Updates

With such a substantial overhaul to enact by 2025, the AODA set a series of phases toward full compliance. Each phase brought forth new requirements under the law. The following requirements became active under the AODA in 2020 and 2021:

Read on for AODA compliance regarding WCAG compliance and regulations for education, private businesses, and government.

WCAG Compliance

The AODA references Web Content Accessibility Guidelines (WCAG) 2.0 for specific standards to achieve.

Organizations covered by the AODA’s web accessibility standards must ensure all websites or content published after January 1, 2012, meet at least WCAG 2.0 Level AA.

 Learn how the AODA impacts web and video accessibility in Ontario  

What are the AODA video requirements?

The AODA video requirements mandate that if an Ontario-based organization uses online video at all, it must be made accessible. For video to be fully accessible to individuals with disabilities, it must have closed captioning for deaf or hard-of-hearing viewers and audio description or an alternative for blind or low-vision users.

Although there is a WCAG guideline for web designers to provide audio description for all visual content in videos, the AODA does not require audio description. Instead, creators and publishers can choose to implement this guideline as a best practice. Alternatively, they can make visual elements accessible in a different way, such as by providing transcripts that include both audio and visual elements.

Non-visual audio content must be accompanied by a transcript, and the media player in use must be keyboard accessible, meaning a user can navigate the controls without using a mouse.

Note that all websites and web content published after January 1, 2012, with minor exceptions, are required to comply with WCAG 2.0 Level AA. All websites and web content from The Government of Ontario and the Legislative Assembly must have conformed with WCAG 2.0 Level AA as of January 1, 2016.

How the AODA Applies to Education

Currently, there are no AODA education standards. However, there are recommendations of guidelines for K-12 institutations and colleges and universities. The AODA covers three different types of educational organizations:

How the AODA Applies to Private Businesses

The AODA standards apply to all organizations, but requirements for private companies depend on a company’s size.

Companies with fewer than 20 employees must:

• Create accessibility policies
• Train staff and volunteers on accessibility requirements and customer service
• Plan for accessible and self-service kiosks if applicable
• Provide accessible customer service
• Implement accessible employment practices
• Provide accessible information upon request and at no additional cost
• Create accessible public spaces

In addition to all of the requirements of companies with fewer than 20 employees, companies with 20 to 49 employees must also:

• File an accessibility compliance report every three years

In addition to all of the requirements of smaller companies, large organizations (50 employees or more) must:

• Make all public websites accessible according to the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.0.

How the AODA Applies to Government

As of January 1, 2016, all websites from the Government of Ontario and the Legislative Assembly must conform with WCAG 2.0 Level AA.

Municipal government bodies and public sector organizations in the province were required to make all their web content WCAG 2.0 Level AA compliant by January 1, 2021.

 Learn about web accessibility in Ontario  

Penalties for Non-Compliance

Section 21(4) of the AODA states that those in violation of the regulations may be ordered to pay a fine and/or comply within a specific timeframe.

The charts below, sourced from The Integrated Accessibility Standards, outline the financial penalties of non-compliance with AODA.

Penalties for Individuals and Unincorporated Organizations

Penalties for Corporations

*A contravention is an action that violates a law, treaty, or other rulings.

In cases where the impact of contravention and contravention history are both determined to be major, the above amounts may be treated as a daily penalty with a maximum of $100,000 for corporations or $50,000 for individuals or unincorporated organizations.

AODA Compliant Employment, Training, and Hiring Practices

The AODA requires all employers to adhere to hiring, training, and management practices that do not discriminate against people with disabilities. The following digital or physical processes must be made fully accessible:

• New employee recruiting, vetting, and hiring
• Internal communications
• Performance assessments and management
• Development and advancement
• Workplace emergency response information

Employers should maintain documentation for individual accommodation plans, as well as a return-to-work process for temporary disabilities.

Deadlines for organizations to comply with these standards have already passed:

• January 1, 2016: Organizations with 50 or more employees
• January 1, 2017: Organizations with fewer than 50 employees

Exceptions

Ontario’s government clarified that the AODA compliance does not apply to internal (intranet) websites, nor to content published before 2012. However, if an individual requests that content posted before January 1, 2012, be made accessible to them in an alternate format (such as large print or braille), organizations must work with the individual to meet their needs.

This post was originally published in June 2016 by Emily Griffin and has been updated for freshness, accuracy, and comprehensiveness.

This blog post is written for educational and general information purposes only and does not constitute specific legal advice. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

About the author

3Play Media

The post AODA Video Requirements & Canadian Accessibility Standards appeared first on 3Play Media.