The Delhi High Court has directed the I&B Ministry to finalise OTT accessibility guidelines within three months, ensuring audio descriptions, captions, and Indian Sign Language support for visually and hearing-impaired viewers across streaming platforms.
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NEW DELHI: In a landmark move, the Delhi High Court recently recorded an undertaking by the Union Ministry of Information and Broadcasting (I&B) to finalize accessibility guidelines for Over-The-Top (OTT) platforms catering to visually and hearing-impaired persons within the next three months. This development came in the context of the petition filed by visually impaired individuals who highlighted the lack of disability-friendly accessibility features in recent Bollywood releases on OTT platforms.
During the hearing, Central Government Standing Counsel Sandeep Mahapatra informed the Court that the Ministry has published draft accessibility guidelines on its official website for comments from stakeholders and the general public. Justice Sachin Datta disposed of the petition based on the Ministry’s undertaking, stating that the final guidelines would be issued within three months and that feedback from petitioners would be duly considered.
Petitioners Raise Concerns
Advocate Rahul Bajaj, representing the visually impaired petitioners, pointed out potential shortcomings in the draft guidelines. He emphasized that the Ministry had primarily consulted members of the entertainment industry, rather than directly engaging with persons with disabilities themselves. Highlighting the need for a truly inclusive approach, Bajaj stressed that all stakeholders, especially the disabled community, must have a voice in shaping the final rules.
The Court granted the petitioners liberty to submit their response to the draft and clarified that they could take legal recourse if they found the final guidelines inadequate.
Key Features of the Draft Guidelines
The Draft Guidelines for Accessibility of Content on Online Curated Content Platforms (OTT) outline the following requirements:
- Audio Descriptions: OTT platforms “shall strive” to make content accessible through audio descriptions for visually impaired users. These descriptions should be concise, clear, and complement the original content without causing distractions.
- Mandatory Accessibility Features: Within six months, all new content on OTT platforms must carry at least one of the following features:
- Closed/Open Captioning (CC/OC) for hearing-impaired viewers
- Audio Descriptions (AD) or Indian Sign Language (ISL) for visually-impaired viewers
- Scope Limitations: The guidelines currently do not extend to:
- Live or deferred live events
- Audio-only content such as music or podcasts
- Short-form content, such as an advertisement
The draft guidelines are open for public comments until October 22, providing an opportunity for stakeholders to contribute to a more accessible digital entertainment ecosystem.
Case Title:
Akshat Baldwa & Anr v. Maddock Films Private Limited and Ors