Live Streaming
General Overview
Live streaming and non-permanent video media are essential tools for creating accessible cultural experiences, particularly as hybrid and virtual events have become more common. These technologies enable cultural institutions to reach broader audiences by providing access to live performances, exhibitions, or talks in real-time in a virtual environment. For individuals with disabilities, live streaming offers critical opportunities to participate in events that may otherwise be inaccessible due to factors including distance, chronic illness, physical inaccessibility, immunity concerns, transportation access, or sensory sensitivities. To ensure true inclusivity, live streaming must be designed and executed with accessibility in mind. This involves not only offering the option to stream events but also integrating accessibility services such as captioning, sign language interpretation, and audio description to ensure effective communication and equal participation.
Implementation
Cultural organizations can enhance accessibility in live streaming by incorporating key features that cater to a diverse audience. By selecting the right platforms, planning effectively, and integrating various accessibility tools, you can ensure a more inclusive experience for people with disabilities.
Live-streamed events come with several accessibility considerations, which your organization can address in several ways. Overall tips include:
- Platform selection: Choose a streaming platform that supports accessibility features like keyboard navigation, screen reader compatibility, and customizable captioning options. Platforms regularly update accessibility features, so it is important to stay current on which platform provides the best features and to test out accessibility prior to live streaming.
- Real-time captions: Provide captions for all streamed content to make it accessible to viewers who are d/Deaf or hard of hearing, ensuring that the captions are accurate, well-timed, and displayed against a contrasting background for readability.
- Auto captions vs. CART/live captioning: Over time, the accuracy of computer-generated auto-captioning tools has been improving. The decision to use auto-captioning vs. live captioning/CART during live streaming should be based on the complexity of the content and situation, as well as individual users’ preference. However, neither live or auto captioning is 100% accurate and all captioning should be checked and corrected manually during post-production to ensure accuracy and some embarrassing mistakes.
- Sign language interpretation: Include sign language interpretation for spoken dialogue by either featuring an interpreter within the video frame or offering a toggle option for viewers to switch to the interpreter’s feed. In the U.S., there is a presumption that the signed language being used is American Sign Language (ASL), whereas other countries will have their own signed languages.
- Audio descriptions: Add audio descriptions to convey visual elements, such as settings, actions, and non-speaking expressions, either as a secondary audio track or integrated into the stream.
Beyond the key components above, additional considerations can help you make your events more accessible, including:
- Low-stimulation options: For participants with sensory sensitivities, offer quiet zones with live feeds and options for lower sensory stimulation in the environment.
- Hybrid events: Ensure that both in-person and virtual attendees have equal access to all elements of the event, including Q&A sessions and interactive discussions.
Familiarizing your staff members with accessibility issues for live-streamed events helps them feel more empowered to handle situations that may arise, and also helps enhance inclusion for all. Tips include:
- Technical troubleshooting: Train staff to handle common technical issues that may arise during live streaming, particularly related to accessibility features.
- Guidance on features: Ensure staff can provide clear guidance on how to use accessibility features, such as enabling captions or audio descriptions.
- Communication of accommodations: Train staff to effectively communicate available accommodations to attendees before and during the event.
Finally, the principle of continuous improvement can help make your live-streamed events better and better, welcoming more people to participate in your organization’s programming.
- Gather feedback: Collect feedback from viewers, especially those using accessibility features, to identify areas of improvement.
- Refine approach: Use the feedback to make ongoing adjustments to your live streaming practices, ensuring continued inclusivity and accessibility.
Associated Legal Requirements or Obligations
Please note that, while this content was developed by people with expertise in the ADA and legal requirements related to access, it was created for informational purposes and should not be considered legal advice.
- Title II of the ADA
Public Programs & Services Accessibility (28 CFR § 35.130)
- Public entities must ensure accessibility for live-streamed events, including captions, sign language interpretation, and audio descriptions, as needed for effective communication.
- Title III of the ADA
Effective Communication (28 CFR § 36.303) Public accommodations (e.g., businesses, nonprofits, arts organizations) must ensure accessibility for both in-person and virtual events. Accessibility measures for live-streamed events may include:
- Closed captions for spoken content
- Sign language interpreters
- Audio descriptions for visual content
- Section 504 of the Rehabilitation Act
Accessibility for Federally Funded Programs (29 U.S.C. § 794)
- Federally funded programs must ensure equal access, including accommodations for virtual or live-streamed events.
FCC Regulations on Live Streaming and Closed Captioning only apply to events that were originally broadcast on television.
- Live-streamed events originally broadcast on television must include closed captions. (47 CFR 79.1) Closed Captioning on Television | Federal Communications Commission
- In some cases, the regulation has been interpreted to apply to streaming platforms, ensuring accessibility for live, video-on-demand, and non-broadcast streaming content (see Case Law below).
In addition to the Federal Regulations and standards outlined above, organizations should review state and local laws, which are sometimes more stringent than federal regulations. Looking at case law rulings can sometimes indicate how regulations are interpreted by different courts.
From Case Law:
Several legal cases have addressed the intersection of the Americans with Disabilities Act (ADA) and the Federal Communications Commission (FCC) regulations concerning streaming services and accessibility, particularly in higher education and entertainment. These cases highlight the legal obligations of both private companies and educational institutions to ensure that streaming and online content are accessible to individuals with disabilities. Notable cases include:
- National Association of the Deaf (NAD) v. Netflix, Inc.: In 2011, the NAD filed a lawsuit against Netflix, alleging that the lack of closed captioning for its streaming content violated the ADA. The court ruled that the ADA applies to web-only businesses, leading to a settlement where Netflix agreed to caption its entire streaming library. National Association of the Deaf v. Netflix, Inc.
- National Association of the Deaf (NAD) v. Harvard University and Massachusetts Institute of Technology (MIT): In 2015, the NAD filed lawsuits against Harvard and MIT, claiming that their failure to provide captions for online courses and other educational content was discriminatory under the ADA and Section 504 of the Rehabilitation Act. Both institutions eventually reached settlements, agreeing to provide captions for all online content to ensure accessibility. Overview of NAD v. Harvard and NAD v. MIT Lawsuits
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