The Delhi High Court has recently instructed the Ministry of Information and Broadcasting (MIB) of the Central government to finalize and publish accessibility guidelines by July 15, 2024. These guidelines aim to ensure that individuals with hearing and visual impairments can fully enjoy films, web-series, and similar content both in movie theatres and on Over-The-Top (OTT) platforms.
The order, issued on March 15 by Justice Prathiba M Singh, mandates that the guidelines must make accessibility features compulsory and allow a reasonable timeframe for compliance by all concerned parties.
Furthermore, until the guidelines are officially notified, the MIB has been directed to nominate an Under Secretary as the designated officer for receiving any representations regarding the inclusion of accessibility features in films. These representations must be addressed within three working days. Additionally, efforts should be made to incorporate such features in films, including those on OTT platforms, during this interim period. The contact details of the designated Under Secretary are to be made available on the MIB’s website by April 10, 2024.
The Court has stated that if the guidelines are not issued by the specified date of July 15, the petitioners have the option to approach the Court once again.
Justice Singh issued the order in response to a petition filed by a group of individuals with disabilities and disability rights activists, advocating for movie theatres and OTT platforms to ensure accessibility of movies and other shows for people with disabilities. The Court was informed that the Ministry of Information and Broadcasting (MIB) had already published draft guidelines on the matter.
After reviewing the case, the Court emphasized the importance of accessibility as a legal right, asserting that private entities must make reasonable accommodations to facilitate greater accessibility for individuals with hearing and visual impairments. The Bench noted that while a person with disabilities may have physical access to a movie theatre, they may not be able to fully enjoy the film without appropriate measures taken by producers, theatre managers, OTT platforms, and other stakeholders. It highlighted that the Representation of People with Disabilities Act (RPWD Act) of 2016 deems the absence of accessibility features as an offence.
In light of these considerations, the Court directed the timely notification of the accessibility guidelines and stated that the petitioners or any other stakeholders could seek appropriate remedies once the guidelines are implemented. Justice Singh also commended the presence of sign language interpreters during the hearing, acknowledging their role in facilitating communication for individuals with hearing impairments.
