Did You Know? Audio Description Is Required by Law
Updated: February 20, 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.
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.
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.
