· Compliance · 3 min read
The Hidden Cost of Ignoring Video Accessibility
Lawsuits, penalties, and lost revenue — the cost of not providing audio description is growing fast. Here are the numbers every media executive should know.
The cost of audio description is easy to measure. The cost of not providing it is harder to quantify — but it is real, growing, and increasingly unavoidable.
The Legal Landscape
Lawsuits Are Accelerating
Web and digital accessibility lawsuits in the United States have grown dramatically:
- 2023: ~4,250 federal lawsuits filed
- 2024: ~4,800 federal lawsuits filed
- 2025: Over 5,100 federal lawsuits filed (20%+ increase YoY)
Video accessibility is increasingly targeted. Plaintiffs are filing claims specifically about missing audio description, not just missing captions.
Penalties Are Substantial
| Regulation | Penalty Range |
|---|---|
| ADA Title II (first violation) | Up to $75,000 |
| ADA Title II (subsequent) | Up to $150,000 per violation |
| EAA (varies by member state) | Up to EUR 1,000,000 |
| FCC/CVAA violations | Up to $100,000 per day |
| UK Equality Act | Unlimited compensation |
Settlement Costs
Most accessibility lawsuits settle before trial. Average settlement costs:
- Small organizations: $10,000–50,000
- Large organizations: $50,000–500,000+
- Class actions: $1,000,000+
Plus legal fees, which typically add 50–100% to settlement costs.
The Revenue You Are Missing
Unserved Audience
An estimated 2.2 billion people worldwide have vision impairment. In developed markets:
- US: 12 million people aged 40+ with vision impairment
- EU: 30 million people with vision impairment
- UK: 2 million people living with sight loss
These are potential subscribers, viewers, and customers who will choose accessible alternatives when your content is not accessible.
Subscriber Churn
Research consistently shows that accessibility-conscious consumers:
- Actively research platform accessibility before subscribing
- Switch to competitors that offer better accessibility features
- Influence family and friends’ platform choices
Content Licensing Limitations
Content without AD is increasingly excluded from distribution opportunities:
- EU-based distributors require EAA compliance
- Public sector licensing (education, government) requires ADA compliance
- Premium distribution partners audit accessibility as part of content acceptance
Reputational Risk
Public Advocacy
Disability advocacy organizations are increasingly vocal about media accessibility:
- Regular audits and public reporting on platform accessibility
- Social media campaigns highlighting inaccessible content
- Testimony at regulatory hearings naming non-compliant organizations
ESG and Corporate Reporting
Environmental, Social, and Governance (ESG) frameworks increasingly include disability inclusion metrics. Investors and analysts are examining:
- Accessibility commitments and measurable progress
- Accessibility spending as a percentage of technology investment
- Compliance posture and legal exposure
The Compounding Effect
The cost of non-compliance compounds over time:
- Year 1: Growing back-catalog of inaccessible content
- Year 2: First complaints or lawsuits; reactive AD production at premium prices
- Year 3: Regulatory enforcement begins; penalties assessed; remediation demanded
- Year 4+: Class action risk; reputational damage; competitive disadvantage becomes structural
Every year of inaction increases the back-catalog that needs AD, the regulatory exposure, and the competitive gap with organizations that invested earlier.
The Alternative
AI-powered audio description eliminates the “it’s too expensive” objection:
- Cost: 80–90% less than manual AD
- Speed: Process entire libraries in months, not years
- Scale: Handle ongoing new content as part of the production pipeline
- Multi-language: Serve multiple markets from a single workflow
The investment required to achieve comprehensive accessibility has never been lower. The risk of not investing has never been higher.
The question is not “Can we afford to add audio description?” It is “Can we afford not to?”