Digital content publishers must comply with disability rights laws, says I&B ministry

New Delhi: Inclusivity in digital media is no longer optional but a legal and ethical imperative. The Ministry of Information and Broadcasting has recently issued an advisory to OTT platforms, digital news publishers and self-regulatory bodies of OTT platforms, emphasising full compliance with the Indian laws, including the Rights of Persons with Disabilities Act, 2016 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. 

In this regard, MIB highlighted the obligation of digital content publishers to take proactive steps to provide equal access to information and entertainment to people with disabilities. 

The advisory followed an order by the Delhi High Court in the case of Akshat Baldwa & Anr vs Maddock Films and Ors. The case brought to light the lack of accessibility features for persons with disabilities on digital content platforms. 

In the advisory, the I&B ministry wrote, “As regards disabled friendly accessibility features on OTT platforms, the code of ethics inter-alia provides that every publisher of online curated content shall, to the extent feasible, take reasonable efforts to improve the accessibility of online curated content transmitted by it to persons with disabilities through the implementation of appropriate access services.” 

Citing the IT Rules, 2021, the ministry reminded digital content publishers of their obligations under the Code of Ethics. The rules also mandate a three-tier redressal mechanism in case of violations of the Code of Ethics. 

In the case cited by the ministry, the court ordered OTT platforms to have same-language captioning and improve disabled-friendly accessibility features.  

The advisory reiterates that OTT platforms must take proactive steps to ensure that their content complies with the Rights of Persons with Disabilities Act, 2016. 

The Act mandates equal access to information and entertainment, including digital content, for people with disabilities. The MIB emphasised that reasonable accommodations should be made, reinforcing the principle of inclusivity in digital entertainment.