Captions on television sets used to be considered somewhat of a novelty. Today, if you’re in a household with someone – perhaps yourself – who is suffering a loss of hearing, you’re more than likely using captions so you don’t miss the sometimes hard to hear and understand audio portion of television shows. While captions are not always available on programming, the amount of shows with captions continues to increase.
The Americans with Disabilities Act of 1990 requires that businesses and public accommodations ensure that individuals are not excluded from or denied services because of the absence of auxiliary aids. Captions are considered a type of aid. Since the law was passed, the use of captions has increased. Today, entertainment, educational, informational and training materials are captioned at the time they are produced and distributed. For individuals who are deaf or suffer hearing loss, it lets them watch the same programming that individuals with typical hearing have always enjoyed.
Further, the Federal Communications Commission’s rules on closed captioning went into effect on Jan. 1, 1998, and require companies who distribute television programs directly to home viewers to make sure those programs are captioned. Under the rules, 100 percent of nonexempt programs shown on or after that effective date were to be closed captioned by Jan. 1, 2006. Also, 75 percent of nonexempt programs shown before Jan. 1, 1998, were to be closed captioned by Jan. 1, 2008. The rules do not apply to videotapes, laser disks, digital video disks, or video game cartridges. Since then, a much greater number of programs have transitioned to close captioning, and the trend will continue.
Some advertisements, public service announcements, locally-produced shows and others are exempt from captioning, although the FCC will continue to monitor and review exemptions to determine whether any changes are appropriate.
On Nov. 3, 2008, the FCC adopted rules revising procedures for filing closed captioning complaints. These change rules are not yet effective. Click here for more information on closed captioning of video programming.
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