Issue OTT access rules for disabled in 3 months: Delhi HC to I&B Ministry

The petitioners, who are visually impaired, had approached the high court over missing accessibility features in recent Bollywood movies on OTT platforms

The Delhi High Court on Thursday recorded an undertaking by the Ministry of Information and Broadcasting that it would finalise accessibility guidelines for hearing and visually impaired persons on over-the-top (OTT) platforms within the next three months, Bar and Bench reported. 

Central Government Standing Counsel Sandeep Mahapatra informed the court that the ministry has published the draft guidelines on its official website and invited comments from stakeholders and the public. 

Justice Sachin Datta disposed of the petition on the basis of this specific undertaking by the ministry

  “It is assured by the ministry’s counsel that the feedback/ suggestion of the petitioner will be duly considered and taken into account before formulation of the final guidelines. It is further assured and undertaken that the final guidelines shall be issued within three months. No further directions are required to be passed in the present petition,” Justice Datta said.

 

Petitioners raise concerns

The petitioners, who are visually impaired, had approached the court due to the lack of disabled-friendly accessibility features in recently released Bollywood movies on OTT platforms. During the last hearing, the court had directed the ministry to draft guidelines in line with the Rights of Persons with Disabilities Act, 2016, the news report said. 

During Thursday’s hearing, advocate Rahul Bajaj, representing the petitioners, raised concerns over the draft. He noted that the ministry had consulted primarily with members of the film and OTT industry and not with persons with disabilities, stressing that all stakeholders should be part of the consultation process. 

The court granted the petitioners the liberty to submit their feedback on the draft guidelines. “In case the petitioner has any grievance with respect to the formulation of guidelines, he shall be at liberty to take legal recourse,” the court said.   

  

Draft guidelines overview

The draft, titled ‘Guidelines for Accessibility of Content on platforms of publishers of Online Curated Content (OTT Platforms) for Persons with Hearing and Visual Impairment’, is open for public comments until October 22. 

According to the draft, OTT platforms “shall strive” to provide audio descriptions in a concise and comprehensible format that fits the allotted time, enhancing content without causing distractions. Within six months, all new content must include at least one accessibility feature, such as closed/ open captioning (CC/OC), audio descriptors, or Indian sign language (AD/ISL), the news report said. 

The guidelines currently do not cover live or deferred live events, audio-only content like podcasts and music or short-form content such as advertisements.