Accessibility without the price tag: How to prevent fines while growing revenue

Henni Paulsen
Henni Paulsen
Posted in Subtitles
6 min read
Two people watching a movie with subtitles.

In today’s global media landscape, accessibility isn’t just a nice-to-have—it’s a must. Non-compliance with accessibility standards can lead to hefty fines, legal trouble, and damaged reputations. But it’s not all about avoiding penalties. Embracing inclusive media practices can also open new opportunities and boost your bottom line. In this whitepaper, we’ll explore how legislation and technology are shaping accessibility, and share practical, cost-effective strategies to stay compliant while growing your audience.

The rising cost of non-compliance in media accessibility

Non-compliance with digital accessibility standards and legislation can result in significant fines for organizations of all types and sizes. From major broadcasting companies to municipal governments, the consequences can be vast not just in fines as high as €2.5M, but also in public distrust, loss of reputation and lawsuits. For example, in the United States, organizations can face fines from $75,000 to $150,000 and numerous lawsuits for Americans with Disabilities Act (ADA) violations.

In fact, the number of lawsuits filed in the US for ADA violations has been increasing in recent years. According to a digital compliance consulting firm, there were 4,605 lawsuits filed in 2023 in that country, a 42% increase from 2022, when the total came to 3,255 lawsuits. Most lawsuits had to do with lack of accessible content in websites, including videos and other media. For some companies, their web presence is their main or only place of business, which ends up amplifying the issue.

The basis for most lawsuits is discrimination against individuals with disabilities, particularly lack of equal access to goods and services by denying these individuals full access to websites and content like images and videos, regardless of the website’s purpose, such as a company that operates solely online or the web presence of a brick and mortar business.

Failing to comply with ADA standards not only incurs financial penalties but also results in lost business opportunities: approximately 61 million people live with disabilities in the US, representing a substantial market that organizations miss out on by not ensuring web accessibility.

By neglecting accessibility, media companies are some of the organizations most at risk of alienating a significant portion of their audience, which can lead to decreased customer loyalty and revenue loss. This is the case whether lack of compliance impacts their productions or their web presence.

Download Global accessibility regulations: a guide for media professionals.

Netflix: The cost of inaccessibility and the rewards of compliance

Among the media companies that have faced legal action is Netflix, which in 2012 was found to have infringed the ADA and the Closed Captioning of Internet Protocol-Delivered Video Programming Act of 2010.

The National Association of the Deaf (NAD) sued the streaming company for not providing closed captions on most of its streaming content. Since then, Netflix has come a long way, and to settle that particular suit, the company agreed to provide closed captions for all of their online streaming content by 2014, pay USD 755,000 in attorney fees and costs, and train customer service staff on how to respond to questions about captioning concerns.

Accessibility compliance is one of the main reasons why Netflix has since increased its revenue many times over because it opened the platform to entirely new segments of the population, with and without disabilities. The company’s inclusion and accessibility strategies included partnering with experts and qualified vendors, which we’ll explore more in detail later.

Key barriers to accessibility compliance in media

Many organizations are offering an increased amount of digital content, but often fail to plan for accessible media or take too long to reach accessibility goals due to perceived high costs, lack of expertise in-house, and limited resources.

An increase in the number of fines and lawsuits is an indication of both higher awareness among disabled individuals of their rights and of stricter regulations, and a definite call to action for organizations to fundamentally change how they view and address media accessibility.

Reasons why institutions fail to comply with accessibility mandates include:

The real risk, the true high cost, lies in lack of compliance and missed opportunities to reach a very large segment of the population, not in adding accessibility. And the best way to prevent the type of situations that lead to fines and lawsuits is to rely on accessibility experts that are also familiar with all the great, affordable tools out there to automate things like closed captions and subtitles.

The regulatory environment

Although companies should be accessibility-compliant simply because it is good business, it is important to have awareness of legal and regulatory mandates around the world, and the ways in which they are involved.

New mandates, such as the European Accessibility Act (EAA) and the U.S. Department of Justice's recent ruling under the Americans with Disabilities Act (ADA), are pushing organizations to prioritize accessibility across systems. Many are turning to automation to address complex requirements wherever suitable, such as automatically generated closed captions.

Research from accessibility consulting firm Level Access indicates a high frequency of regulatory actions, with recent regulations like the EAA and the updated ADA guidelines now holding a broader range of organizations accountable for the accessibility of third-party digital products. This is particularly evident in the financial services sector, where compliance with accessibility mandates is viewed as essential for business due to the industry's heavily regulated nature.

The ADA updates, detailed in Section 508 expand on digital content requirements, advising public entities to refer to the Web Content Accessibility Guidelines (WCAG 2.0) to set and evaluate accessibility compliance. Specifically, institutions need to check that live streaming and recorded videos are closed captioned, that assistive technology support is available for visually limited or impaired individuals, and that all images have descriptive alternative text (alt tags).

The data compiled by Level Access also suggests that strong accessibility programs include three key compliance elements: policy, budget, and accountability. Organizations where these elements are present are 75% more likely to have executive support and mitigate legal risk. To manage complex digital portfolios and regulations, nearly 90% of organizations surveyed also see automated remediation technology as key to improving efficiency.

More than a regulatory issue, accessibility is an ethical principle and a human right. In fact, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) recognizes it as such and has laid out a Disability Inclusion Strategy (PDF) with the goal of establishing “a system-wide policy, an accountability framework and other implementation modalities.”

Article 30 of the CRPD specifically addresses participation in cultural life, recreation, leisure and sport, emphasizing the right of people with disabilities to access television programmes, films, theatre and other cultural activities in accessible formats.

How can accessibility compliance be cost-efficient and profitable?

The World Health Organization estimates that over one billion people worldwide live with some form of disability. Providing accessible media is not only the right thing to do, but also a tremendous business opportunity where the return on investment (ROI) is realized both in risk prevention and revenue potential.

Increased engagement and loyalty are natural outcomes of an improved, accessible user experience. When people feel that an organization is catering to their needs, they are more likely to become repeat customers and recommend the organization to others.

Accessible content, especially in multilingual formats, can reach a wider audience and lead to increased viewership, readership, and revenue. Also, organizations that prioritize accessibility are seen as socially responsible and inclusive, which can enhance their global brand reputation and attract customers who not only need accessible content, but value these qualities.

Cost-efficient and profitable accessibility programs start with a solid best practices foundation. And there is no need to reinvent the wheel: you can accomplish all the steps listed below easily and affordably with the right partner:

Taking the next step

The real risk isn’t in investing in accessibility—it’s in ignoring it.

At Happy Scribe, we simplify accessibility compliance with state-of-the-art tools for captioning, subtitling, and transcription. Whether you’re a streaming platform or a content creator, our solutions are built to keep your media content compliant, inclusive, and audience-ready.

Reach out to our team today to start your journey toward accessible and profitable media content.

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Accessibility without the price tag: How to prevent fines while growing revenue

Henni Paulsen
Henni Paulsen
Posted in Subtitles
6 min read

In today’s global media landscape, accessibility isn’t just a nice-to-have—it’s a must. Non-compliance with accessibility standards can lead to hefty fines, legal trouble, and damaged reputations. But it’s not all about avoiding penalties. Embracing inclusive media practices can also open new opportunities and boost your bottom line. In this whitepaper, we’ll explore how legislation and technology are shaping accessibility, and share practical, cost-effective strategies to stay compliant while growing your audience.