India's OTT Platforms Challenge Ministry's Draft Accessibility Guidelines Citing High Costs and Impracticality

MEDIA-AND-ENTERTAINMENT
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AuthorAkshat Lakshkar|Published at:
India's OTT Platforms Challenge Ministry's Draft Accessibility Guidelines Citing High Costs and Impracticality
Overview

Major Over-The-Top (OTT) platforms in India, including Netflix, Prime Video, SonyLIV, and ZEE5, alongside industry bodies IAMAI and IBDF, have raised significant concerns over the Ministry of Information and Broadcasting's draft accessibility guidelines. While supporting the goal of improving content access for persons with disabilities, the platforms argue the proposed rules are financially burdensome, technically unfeasible for daily content and extensive legacy libraries, and could negatively impact India's digital video market. They propose a more flexible, phased implementation rather than immediate, comprehensive retrofitting.

Indian OTT platforms, including global players like Netflix and Amazon Prime Video (streaming Prime Video), and domestic giants like Sony Pictures Networks India (operating SonyLIV) and Zee Entertainment Enterprises (operating ZEE5), have voiced strong opposition to the Ministry of Information and Broadcasting's draft guidelines for content accessibility on online curated platforms. The platforms, supported by industry associations such as the Internet and Mobile Association of India (IAMAI) and the Indian Broadcasting & Digital Foundation (IBDF), acknowledge the objective of making content accessible to persons with disabilities but deem the current proposals unworkable.

Key objections revolve around the financial and technical feasibility of implementing accessibility features such as closed captions, open captions, audio descriptions (AD), and Indian Sign Language (ISL). The draft mandates that all new content must have at least one accessibility feature within six months of notification, with existing content libraries needing full retrofitting within 24 months. Platforms estimate the cost of creating these features to be between ₹15,000 and ₹20,000 per episode, a figure that escalates significantly for multiple languages and complex content pipelines that refresh daily. They argue that retrofitting vast legacy content libraries is technically challenging and prohibitively expensive. Artificial intelligence tools can help, but accuracy remains a concern.

The platforms also contest the legal basis, suggesting that the Rights of Persons with Disabilities Act does not mandate such direct obligations on private streaming services. They point to international conventions that use more encouraging language rather than imposing strict compliance. They warn that the aggressive timelines and mandatory retrofitting could disproportionately affect smaller regional platforms, reduce content diversity, and divert crucial investment away from original programming and innovation.

As an alternative, the OTT players propose a more flexible roadmap. This includes applying obligations only to baseline new content produced two years after notification, allowing platforms to choose from a menu of accessibility options based on feasibility, and offering features in at least one language (original or English) rather than all audio tracks. They also suggest piloting accessibility standards through a regulatory sandbox, potentially with Prasar Bharati, for a trial period. Clearer exemptions for live events, archived content, and daily serials are also sought.

Impact:
Rating: 7/10
This news has a significant impact on India's rapidly growing digital entertainment sector. Compliance with stringent accessibility rules could increase operational costs for OTT platforms, potentially affecting their profitability, content acquisition/production budgets, and pricing strategies. This regulatory development is crucial for investors in media and technology companies operating in India, as it could influence future growth trajectories and investment decisions within the digital streaming ecosystem.

Difficult Terms:

  • OTT Platforms: Services that deliver video content over the internet on demand, bypassing traditional cable or satellite television providers (e.g., Netflix, Prime Video, SonyLIV, ZEE5).
  • Accessibility Guidelines: A set of rules and standards designed to ensure that content, products, and services are usable by people with disabilities.
  • Closed Captions (CC): Text displayed on a screen that provides dialogue and other audio information for viewers who are deaf or hard of hearing. They can typically be turned on or off.
  • Open Captions: Captions that are permanently part of the video image and cannot be turned off.
  • Audio Description (AD): A narration track added to the audio of a video to describe important visual details (like actions, settings, and character expressions) for people who are blind or visually impaired.
  • Indian Sign Language (ISL): A distinct sign language used by the deaf community in India.
  • Legacy Libraries: A large collection of existing content that was produced or acquired by platforms in the past.
  • Retrofitting: The process of adding new technology or features to older systems or content to bring them up to current standards.
  • Regulatory Sandbox: A framework set up by a regulatory body that allows businesses to test new products, services, or business models in a live market with regulatory supervision, but with safeguards.
  • Subordinate Legislation: Laws or regulations made by an executive authority under powers delegated by primary legislation (Acts of Parliament).
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