Delhi High Court mandates MIB to draft comprehensive accessibility guidelines by July 15, 2024, ensuring full enjoyment of films and OTT content by hearing and visually impaired individuals.
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DELHI: Recently, The Delhi High Court has mandated the Ministry of Information and Broadcasting (MIB) of the Central Government to establish and notify comprehensive accessibility guidelines by the 15th of July, 2024.
These guidelines aim to ensure that hearing and visually impaired individuals can fully enjoy films, web series, and other content in movie theatres and on Over-The-Top (OTT) platforms.
Justice Prathiba M Singh, presiding over the case, emphasized the necessity for these guidelines to not only mandate the inclusion of accessibility features but also to provide a reasonable compliance timeframe for all relevant stakeholders.
The court rendered its decision following a petition presented by a coalition comprising individuals with disabilities and disability rights activists. Their contention emphasized the imperative of ensuring accessibility of cinematic and digital content to people with disabilities.
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Justice Singh noted-
“During this period, any requests received by the Ministry of Information and Broadcasting (MIB) for the integration of accessibility features into films will be handled by a designated Under Secretary from the MIB. Such requests will be promptly acknowledged within three working days, with endeavors made to incorporate these features in feature films, including those on OTT platforms, prior to the formal notification of the Guidelines. The contact details of the designated Under Secretary will be publicized on the MIB website by April 10, 2024.”
This interim measure ensures that the process of making content accessible begins even before the formal guidelines are put in place. If the guidelines are not enacted by the specified deadline, the petitioners have been granted the liberty to approach the court again.
The court recognized accessibility as not just a necessity but a legal right that must be upheld. It underscored the importance of reasonable accommodation by all parties involved, including content producers, theatre managers, and OTT platforms, to enhance accessibility for individuals with hearing and visual impairments.
“Even if a hearing or visually impaired individual can physically enter a movie theater, their ability to fully enjoy the film may be compromised if appropriate measures to ensure accessibility are not taken by other parties involved.”
–the bench pointed out.
The court cited the Representation of People with Disabilities Act (RPWD Act), enacted in 2016, which considers the non-provision of accessibility features as an offence, reinforcing the government’s commitment to disability rights.
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The directive for the timely notification of these guidelines is a significant step towards inclusivity, providing a clear pathway for petitioners and stakeholders to seek remedies post the implementation of the guidelines.
Advocates Rahul Bajaj and Mahoor Ghani for the petitioners, while Yash Raj Films was represented by advocates Abhishek Malhotra and Srishti Gupta.
The MIB’s stance was presented by Central Government Standing Counsel (CGSC) Ravi Prakash and his team. Other respondents in the case were represented by a diverse group of legal professionals.
CASE TITLE:
Akshat Baldwa & Ors vs. Yash Raj Films & Ors