But why should this right be absolute? Surely if there ever was a case for subtitles not being essential this is it. So if we accept it we have de facto risk for damages for all non-accessible commercial videos everywhere. This should have a considerable chilling effect.

I happen to feel this keenly since I'm in the process of dropping a client who insists of putting damage transfer in our consulting colaboration, in an industry vulnerable to GDPR fines. There is no hourly rate that can make me risk bankrupcy for a bug.