Research and Articles

Earlier last month, the Ministry of Information and Broadcasting (“MIB”) published the Guidelines for Accessibility of Content on Platforms of Publishers of Online Curated Content (OTT Platforms) for Persons with Hearing and Visual Impairment (“OTT Accessibility Guidelines”).¹ The OTT Accessibility Guidelines are aimed at enhancing accessibility for persons with hearing and visual disabilities in respect of content made available on OTT platforms (i.e., “over-the-top” streaming services that provide on-demand access to films, series and other audiovisual content over the internet). As elaborated further below, the OTT Accessibility Guidelines apply to ‘publishers of online curated content’ (including OTT platforms), which have been given thirty-six months to comply.

Previously, the MIB had published the draft Guidelines for Accessibility of Content on Platforms of Publishers of Online Curated Content (OTT Platforms) for Persons with Hearing and Visual Impairment (“Draft Guidelines”) for public consultation.² The OTT Accessibility Guidelines appear to reflect the feedback received from stakeholders, including concerns from publishers of online curated content that the Draft Guidelines were onerous and commercially difficult to implement.

Background

The OTT Guidelines have been published in furtherance of the applicable legal framework, conventions, campaigns, and the larger public objective of ensuring access to recreational content for persons with disabilities (“PwDs”).³ Pertinently, the Rights of Persons with Disabilities Act, 2016 (“RPwD Act”) requires Central and State Governments (as applicable) to: (i) take appropriate steps to promote and protect the rights of PwDs to have a cultural life (including making art accessible to PwDs, developing technologies for the inclusion of PwDs in recreational activities, etc.);⁴ (ii) ensure that PwDs have access to electronic media by providing audio description, sign language interpretation and close captioning.⁵

Notably, the MIB has previously published an advisory in April 2025, advising publishers of online curated content⁶ to generally comply with the RPwD Act and the Code of Ethics⁷ under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules”) while publishing content on their platforms.⁸ The MIB has also published accessibility guidelines for the exhibition of films in cinema theatres (2024)⁹ and for television programmes (2019) in furtherance of the same objectives.¹⁰

Applicability

The OTT Accessibility Guidelines apply to ‘publishers of online curated content (OTT Platforms)’, as defined under the IT Rules.¹¹ The IT Rules define:

1. ‘online curated content’ (“OCC”) to mean any curated catalogue of audio-visual content (other than news and current affairs content),¹² owned by, licensed to or contracted to be transmitted by a publisher of online curated content, and made available on demand,¹³ through subscriptions and other means, over the internet or computer networks, including films, audio-visual programmes, documentaries, television programmes, serials, podcasts, etc.¹⁴;

2. ‘publishers of online curated content’ (“Publishers of OCC”) to mean publishers¹⁵ that perform a significant role in determining the OCC being made available, which make available to users a computer resource that enables them to access OCC over the internet or computer networks, or any other functionally similar entity.

   Notably, any individual or user who is not transmitting online curated content in the course of systematic business, professional or commercial activity shall not fall within the meaning of Publishers of OCC.¹⁶

Obligations of Publishers of OCC under the OTT Accessibility Guidelines

Accessibility Standards for Audio-Visual Content

The OTT Accessibility Guidelines lay down Accessibility Standards for audio-visual content made available by Publishers of OCC to ensure that such content is accessible to persons with hearing and visual impairment.¹⁷ Accessibility Standards are prescribed in respect of:

1. Audio Descriptions: ‘Audio Descriptions’ refer to the auditory narration of visual representations in audio-visual content for enhancing the content consumption experience for visually impaired persons. During gaps in dialogue, Audio Descriptions describe visual elements such as scenes, settings, actions and costumes.¹⁸

   The OTT Accessibility Guidelines prescribe that Publishers of OCC should provide audio descriptions of the audio-visual content: (i) in a concise and comprehensible format to fit within the allotted time; (ii) in a manner that enhances the original piece without causing distractions; (iii) with a quality such that they are clear and comprehensive.¹⁹

2. Closed and Open Captioning: ‘Closed Captioning’ refers to the means by which audio dialogue, speaker identification and sound representations of audio-visual content are made visible on demand by the user via on-screen text that is synchronized with the audio content.²⁰

   ‘Open Captioning’ refers to captioning that is an integral part of the audio-visual content and cannot be turned off. The user does not have to do anything to see the subtitles²¹ or captions.²²

   The OTT Accessibility Guidelines prescribe that such closed and open captioning should: (i) be accurate, such that the captions (a) match the spoken words and dialogue; (b) convey background music and other sounds; (c) include non-speech auditory information to provide the mood, the context of the scene and dialogue; (ii) be synchronized with their corresponding spoken words and sounds to the greatest extent possible and displayed on the screen at a speed that can be read by viewers; (iii) be complete; (iv) use accurate spelling as well as grammar, especially in the case of captions in respect of non-verbal parts of the audio-visual content; (v) not block other important visual content on the screen, overlap one another or run off the edge of the video screen; (vi) use mixed case²³; (vii) be legible with appropriate font colour.²⁴

3. Indian Sign Language: Indian Sign Language (“ISL”) interpretation by Indian Sign Language Interpreters (“ISL Interpreter”)²⁵ must be provided in a picture-in-picture mode and must be accurate, synchronised and convey a clear message to hearing-impaired persons. ISL interpretation should be provided in a manner such that the viewer can see not only the hands but also the facial expressions of the ISL Interpreter. The image of the ISL Interpreter superimposed upon the original film should generally appear on the screen.²⁶

Accessibility of OTT Platforms as a Whole

Pertinently, the OTT Accessibility Guidelines clarify that the accessibility of the audio-visual media services made available by Publishers of OCC shall include the accessibility of the audio-visual content itself, and that of user interface (“UI”) components, onscreen information and interaction mechanisms, enabling PwDs to independently perceive, navigate, and interact with their services.²⁷ In particular, Publishers of OCC must ensure that the user interfaces of their platforms (such as websites, mobile applications (iOS, Android), smart-TV applications, desktop software, etc.) are designed and developed to be accessible to PwDs by ensuring compatibility with assistive technologies.²⁸

Implementation Timelines

Within thirty-six months of the date of publication of the OTT Accessibility Guidelines (i.e., by February 06, 2029), Publishers of OCC will be required to ensure:

1. That newly published content carries at least one accessibility feature each for hearing impaired and visually impaired viewers. [Accordingly, all newly published content must carry either Closed Captioning, Open Captioning or ISL interpretation (for the benefit of hearing-impaired viewers) and Audio Descriptors (for the benefit of visually impaired viewers)]; and

2. That they prominently display, at the time of release of audio-visual content, content descriptors indicating the accessibility features, including for the promotional audio-visual material²⁹ in relation to such content; and

3. That they integrate and operationalize the accessibility features across the user interfaces of their platforms.³⁰

Notably, the Draft Guidelines required for all newly published content on OTT Platforms to carry accessibility features within six months of publication of the Draft Guidelines.³¹ The OTT Accessibility Guidelines extend this deadline to 36 months, granting Publishers of OCCs three years instead of six months to ensure newly published content includes the requisite access services.

With respect to content already present in their content libraries,³² the OTT Accessibility Guidelines encourage Publishers of OCC to provide least one accessibility feature each for hearing-impaired (i.e., Closed Captioning / Open Captioning / ISL interpretation) and visually impaired viewers (Audio Descriptions).

Previously, the Draft Guidelines required Publishers of OCC to provide at least once accessibility feature each for hearing-impaired and visually impaired users in respect of pre-existing content within their content libraries within prescribed timelines. Publishers of OCC were required to make 30% of their content library accessible within 12 months, 60% within 18 months, and 100% within 24 months.

The OTT Accessibility Guidelines eliminate these specific targets entirely. Instead, Publishers of OCC are ‘encouraged’ to provide accessibility features to pre-existing content on a best effort basis with no mandatory percentages or timelines attached.  While this shift enhances flexibility and recognises practical constraints associated with adding accessibility services to existing content, it also reduces regulatory certainty, as the absence of measurable thresholds may make the scope of compliance by Publishers of OCC open to interpretation.

The relaxations introduced by the OTT Accessibility Guidelines, both in respect of the extended thirty-six-month timeline for introducing access services for newly published content, and the relaxation of the requirement to necessarily provide access services for all content in the Publishers’ content library within prescribed timelines are welcome changes. They are indicative of a balanced approach, taking into account both, the commercial sustainability and operational feasibility for Publishers of OCC to implement such access services.

Additional Requirements

1. Publishers of OCC will be required to submit an ‘Accessibility Conformance Report’ (“ACR”) i.e., a status report in respect of their compliance with regards to the accessibility of newly published content on their platforms.

   While the OTT Accessibility Guidelines do not expressly mention the concerned authority to whom the ACR must be submitted, there is a likelihood that it may be submitted to the Monitoring Committee established by the MIB to monitor the implementation of the OTT Accessibility Guidelines.³³ However, it remains to be seen how this requirement will be operationalised in practice, including whether any other authority is formally notified for this purpose.

   The first ACR shall be due to be submitted upon expiry of thirty-six months from the date of publication of the OTT Accessibility Guidelines (i.e., February 06, 2029). Thereafter, quarterly ACRs may be submitted.  

2. OTT Platforms are further obligated to make accessible content discoverable within their libraries through accessibility indicators, filters, and suitable thumbnails, and to actively publicize the availability of accessible content.³⁴

3. The OTT Accessibility Guidelines further encourage the industry to collaborate and work with organizations working in the field of accessibility of content for PwDs to achieve / ensure accessibility of the audio-visual content on their platforms.³⁵

Exemptions

In recognition of technical and operational challenges, the following categories of content are exempt from the accessibility requirements of the Guidelines:³⁶

1. Live and deferred live content.

2. Audio-only content such as music, podcasts, etc.

3. Short Form Content (including advertisements, etc.).³⁷

The OTT Accessibility Guidelines introduce an important clarification regarding the exemption in respect of Short Form Content that was absent in the Draft Guidelines. The exemption applies only to standalone content and not to multiple individual episodes or segments of a series. This means that a series of short episodes, even if each is under 10 minutes, would not qualify for the exemption.³⁸

Grievance Redressal Mechanisms

The OTT Accessibility Guidelines provide for the establishment of a Monitoring Committee and introduce a three-tier grievance redressal system:³⁹

1. Level I – Self-regulation by Publishers of OCC:Any person with a grievance regarding the accessibility of OCC may furnish his or her grievance in writing (via mail or email) to the concerned Publisher of OCC.  The Publisher must acknowledge complaint within 24 hours of receipt and respond within 15 days. If:

   1. no decision is communicated to the complainant within 15 days, the grievance shall be escalated to the level of the self– regulating body⁴⁰ of which the Publisher of OCC is a member.

   2. the complainant is not satisfied with the decision of the Publisher of OCC, the complainant may appeal to the self-regulating body of which the concerned Publisher of OCC is a member within fifteen days of receiving such a decision.⁴¹

2. Level II – Self-regulation by self-regulating bodies: As stated above, unresolved or contested grievances are escalated to the relevant self-regulating body of the Publisher of OCC. The self-regulating body may address the grievance and convey its decision in the form of a guidance or advisory to the Publisher of OCC and inform the complainant of such a decision within fifteen days.⁴²

3. Level III – Monitoring mechanism by the Central Government:A complainant who is unsatisfied with the decision of the self-regulating body may appeal to the Monitoring Committee (to be established by the MIB) within fifteen days of such decision. The Monitoring Committee shall meet every quarter and communicate its decisions to the concerned entities for implementation.⁴³

The Draft Guidelines designated a ‘Committee’ to be established by the MIB with the responsibility to redress grievances regarding the accessibility of OCC. In contrast, the OTT Accessibility Guidelines introduce a three-tier process that makes the Publisher of OCC the first point of contact, thereby streamlining and improving efficiency by enabling direct resolution before escalation to self-regulating bodies and the Central Government.

Conclusion

The MIB’s OTT Accessibility Guidelines represent an important milestone in India’s disability rights regulatory framework. While the final Guidelines are significantly more flexible than the Draft Guidelines in terms of timelines and obligations for existing content, they nonetheless provide a clear roadmap for the industry. Publishers of OCC that begin operationalizing accessibility compliance early, by integrating accessibility into content production, UI design, and grievance redressal processes, will be better positioned to meet the February 2029 deadline and contribute to a more inclusive digital media environment in India.

¹OTT Accessibility Guidelines, available at: https://mib.gov.in/sites/default/files/2026-02/finalized-accessibility-guidelines-for-ott-platforms_0.pdf.

²Draft Guidelines, available at: https://mib.gov.in/sites/default/files/2025-10/draft-guidelines-2.pdf.

³Recitals, OTT Accessibility Guidelines.  

⁴Section 29, RPwD Act.

⁵Section 42(ii), RPwD Act.

⁶As elaborated further in this piece, Rule 2(1)(u) of the IT Rules defines ‘publisher of online curated content’ to mean “a publisher who, performing a significant role in determining the online curated content being made available, makes available to users a computer resource that enables such users to access online curated content over the internet or computer networks, and such other entity called by whatever name, which is functionally similar to publishers of online curated content but does not include any individual or user who is not transmitting online curated content in the course of systematic business, professional or commercial activity”.

⁷The Code of Ethics under the IT Rules, 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 PwDs through the implementation of appropriate access services. However, please note that the Bombay High Court placed an interim stay on provisions of the IT Rules obligating publishers of online curated content to adhere to the Code of Ethics in Agij Promotion of Nineteenonea Media Pvt. Ltd. & Ors. v. Union of India (W.P. No.14172 of 2021).

⁸MIB, Advisory on adherence of Indian Laws and the Code of Ethics prescribed under the Information Technology (Intermediary Guidelines and Digital Media, Ethics Code) Rules, 2021 – reg., available at: https://mib.gov.in/sites/default/files/2025-04/advisory-dated-22.04.2025-1.pdf

⁹MIB, Guidelines for Accessibility Standards in the Public Exhibition of Feature Films in Cinema Theatres for Persons with Hearing and Visual Impairment (15 March 2024), available at: https://mib.gov.in/sites/default/files/2024-12/o.m-dated-15.03.2024-regarding-guidelines-of-accessibilty-standards-accessible.pdf.

¹⁰MIB, Accessibility Standards for Persons with Disabilities in Television Programmes (11 September 2019), available at: https://mib.gov.in/sites/default/files/2025-06/accessibility-standards-11.09.2019.pdf.

¹¹The OTT Accessibility Guidelines state that terms thereunder shall have the same meaning as under the Information Technology Act, 2000 and the IT Rules (unless otherwise defined under the OTT Accessibility Guidelines).

¹²Rule 2(1)(m) of the IT Rules states that ‘news and current affairs content’ includes “newly received or noteworthy content, including analysis, especially about recent events primarily of socio-political, economic or cultural nature, made available over the internet or computer networks, and any digital media shall be news and current affairs content where the context, substance, purpose, import and meaning of such information is in the nature of news and current affairs content.”

¹³Rule 2(1)(p) of the IT Rules states that ‘on demand’ means “a system where a user, subscriber or viewer is enabled to access, at a time chosen by such user, any content in electronic form, which is transmitted over a computer resource and is selected by the user.”

¹⁴Rule 2(1)(q), IT Rules.

¹⁵Rule 2(1)(s) of the IT Rules states that a ‘publisher’ means “a publisher of news and current affairs content or a publisher of online curated content”.

¹⁶Rule 2(1)(u), IT Rules.

¹⁷1.2, OTT Accessibility Guidelines.

¹⁸2(v), OTT Accessibility Guidelines.

¹⁹3.1, OTT Accessibility Guidelines.

²⁰2(vi), OTT Accessibility Guidelines.

²¹2(xiv) of the OTT Accessibility Guidelines states that ‘subtitles’ means “textual versions of the dialogue which are displayed on screen and synchronized with the audio to assist viewers.”

²²2(ix), OTT Accessibility Guidelines.

²³The OTT Accessibility Guidelines state that using all upper caps or all lowercase for captioning text may be avoided unless it is critically required for understanding the video. For signifying emphasis, the OTT Accessibility Guidelines recommend using italics instead of underlining text.

²⁴3.2, OTT Accessibility Guidelines.

²⁵2.(viii) of the OTT Accessibility Guidelines states that a ‘Indian Sign Language Interpreter’ means “a certified interpreter who uses the ISL to provide communication access to deaf and hard of hearing persons.”

²⁶3.3, OTT Accessibility Guidelines.

²⁷1.4, OTT Accessibility Guidelines.

²⁸3.4, OTT Accessibility Guidelines.

²⁹2(x) of the OTT Accessibility Guidelines states that ‘Promotional Audio Visual Content’ in the media’ includes “the teasers and trailers of the said content used for promotional purposes.”

³⁰4.1, OTT Accessibility Guidelines.

³¹4.1, Draft Guidelines.

³²2(vii) of the OTT Accessibility Guidelines states that ‘content libraries’ means a “centralized, organized repository for storing and managing various digital assets.”

³³7.1, OTT Accessibility Guidelines.

³⁴5.2, OTT Accessibility Guidelines.

³⁵5.3, OTT Accessibility Guidelines.  

³⁶6.2. OTT Accessibility Guidelines.

³⁷2(xiii) of the OTT Accessibility Guidelines state that ‘Short-Form Content’ means “standalone audio-visual media content with a total duration of ten minutes or less, designed to be consumed in a brief format.”

³⁸6.2., OTT Accessibility Guidelines.

³⁹7.1-7.6, OTT Accessibility Guidelines.

⁴⁰Rule 12 of the IT Rules prescribes that there may be one or more self-regulating bodies of Publishers of OCC and publishers of news and current affairs content, which shall be registered with the MIB. The list of self-regulating bodies registered with the MIB is available here: https://mib.gov.in/en/ministry/our-wings/digital-media.  

⁴¹7.3, 7.4, and 7.5, OTT Accessibility Guidelines.

⁴²7.5, OTT Accessibility Guidelines.

⁴³7.6 and 7.1, OTT Accessibility Guidelines.