Govt issues draft rules on OTT access for disabled

The Ministry of Information proposes guidelines for OTT platforms to enhance accessibility for disabled users, requiring features like captioning and audio descriptions.

The Ministry of Information and Broadcasting has formulated draft Guidelines for Accessibility of Content on Platforms of Publishers of Online Curated Content (OTT Platforms) to make films and shows on streaming platforms accessible to persons with visual and hearing disabilities. The guidelines propose that new content uploaded on OTT platforms carry at least one accessibility feature — such as closed or open captioning, audio description, or Indian Sign Language interpretation — and that platforms progressively make their existing libraries accessible.

Govt issues draft rules on OTT access for disabled

The draft, shared with stakeholders and placed before the Delhi high court on Thursday, outlines a phased implementation plan. Within six months of notification, new content is to include accessibility features, while older titles are to be updated in stages. The guidelines also require publishers to submit monthly compliance reports and ensure that their websites and mobile applications are compatible with assistive technologies.

During the hearing of Akshat Baldwa and Another v. Maddock Films and Others, the Ministry’s standing counsel Sandeep Mahapatra informed the Court that the draft guidelines had been circulated and a status report filed. He said the Ministry had opened the draft for public consultation before finalisation.

The petition, filed by two visually impaired persons, challenged the lack of accessibility features in popular Bollywood films released on OTT platforms, alleging that this violated their rights under the Rights of Persons with Disabilities (RPwD) Act, 2016. On an earlier date, the Court had directed the Ministry to draw up guidelines to ensure accessibility in line with the Act.

Appearing for the petitioners, Advocate Rahul Bajaj said the draft guidelines did not fully comply with statutory and judicial directions and contained several gaps. He pointed out that the consultation process had included only industry representatives, with no consultation with persons with disabilities. The Court responded that the petitioners could submit their suggestions directly to the Ministry, granting them liberty to do so.

The petitioners’ submissions identified several deficiencies. They said captions and audio descriptions must be in the same language as the content, citing the Cinematograph (Certification) Rules, 2024, and called for platforms to comply with IS 17802 Parts I and II, which set standards for accessible information and communication technology.

They further urged that the language in the guidelines be changed from “encouraged” and “strive to” to mandatory language, arguing that accessibility is a legal obligation under Section 42(i) of the RPwD Act. They also sought provisions specifying penalties for non-compliance, as prescribed under Section 89 of the Act, to ensure enforcement.

The petitioners asked that accessibility reports be submitted to a designated monitoring committee and made public on OTT platforms’ websites. They opposed exemptions granted to “short-form” and “deferred live” content, stating that such exclusions had no technical justification. Further, they recommended that the monitoring committee under Clause 7 of the draft include at least 50 per cent representation from the visually and hearing impaired community, consistent with similar provisions in the theatrical film accessibility guidelines.

Advocate Bajaj stated that meaningful compliance required direct participation of persons with disabilities in both drafting and oversight.

The Court, after hearing both sides, recorded the Ministry’s assurance that the petitioners’ comments would be duly considered before finalising the guidelines. It directed that the final guidelines be notified within three months and granted the petitioners the right to seek further legal remedies if they were dissatisfied with the final version.

The case stemmed from the petitioners’ grievance that recent OTT releases lacked features like audio description, same-language captioning, and sign language interpretation, making them inaccessible to persons with disabilities. The Ministry’s draft guidelines, now under public consultation, mark the first formal framework for regulating accessibility on OTT platforms.

By disposing of the petition, the Delhi High Court concluded that the petitioners’ concerns would be addressed during the finalisation process, ensuring that the forthcoming accessibility standards reflect the requirements of the RPwD Act and judicial directions.