Dun

with regards  shivakumar r c. first division assistant department of
treasury Government of Karnataka. mob/watsapp 9060720937

On Mon, 9 Feb, 2026, 11:30 pm 'Rahul Bajaj' via AccessIndia, <
[email protected]> wrote:

>  Hi all.
>
> As you know, the MIB has issued the OTT accessibility guidelines today.
> Unfortunately, however, these guidelines are a real setback for the
> disability
> rights movement. They have been significantly diluted compared to the
> draft version circulated in October 2025 and are almost entirely toothless.
> I have
> therefore made a draft communication for you to send to the Ministry of
> Information and Broadcasting to express your anguish and displeasure with
> the guidelines,
> should you agree with me.  I am sharing the email IDs of the concerned
> officials along with a draft communication below. Please reply to this
> message once
> you have done so. Let us send out at least 50 representations.
>
>
> email IDs:
>   Send Mail Link [email protected],
> Send Mail Link [email protected],
> Send Mail Link [email protected],
> Send Mail Link [email protected],
> Send Mail Link [email protected],
> Send Mail Link [email protected]
>
> communication draft:
>
>
>
>
>
> To
> The Secretary
> Ministry of Information and Broadcasting
> Government of India
>
> *Subject:* Representation regarding implementation timelines under the 
> *Guidelines
> for Accessibility of Content on platforms of publishers of Online Curated
> Content (OTT Platforms) for Persons with Hearing and Visual Impairment*
>
>
>
> Respected Sir,
>
> I am a person with a *visual / hearing [insert as applicable] disability*.
>
> At the outset, I wish to place on record my appreciation for the
> Ministry’s initiative in issuing the *Guidelines for Accessibility of
> Content on platforms of publishers of Online Curated Content (OTT
> Platforms) for Persons with Hearing and Visual Impairment*, notified vide
> Office Memorandum dated 06.02.2026. The formulation of accessibility
> standards for OTT platforms is a long-awaited and important step towards
> ensuring equal access to digital entertainment and cultural content for
> persons with disabilities.
>
> However, I wish to respectfully point out a serious concern with respect
> to the *implementation framework* under the final notified guidelines,
> which, in their present form, has rendered compliance substantially
> toothless*, diluted and discretionary*.
>
> In this regard, it is submitted that *Clause 4 of the draft guidelines
> (dated 07.10.2025)* contemplated a *robust and time-bound implementation
> schedule*, including:
>
>    - Mandatory compliance for *new content* within *six months* of
>    notification;
>    - A *progressive but mandatory roadmap for existing content libraries*,
>    requiring:
>       - at least 30% accessibility within 12 months,
>       - 60% within 18 months, and
>       - *100% of the content library within 24 months*; and
>    - A clear obligation to submit *quarterly progress reports* to enable
>    monitoring and enforcement from the date of the guidelines being issued.
>
> In stark contrast, *Clause 4 of the final notified guidelines (dated
> 06.02.2026)* provides that:
>
>    - Publishers shall comply with accessibility requirements for *newly
>    published content* *only upon expiry of thirty-six (36) months* from
>    the date of publication of the guidelines, and that too *in a phased
>    manner [a term which has not been defined anywhere in the guidelines]; and*
>    - With respect to *existing content libraries*, publishers are merely
>    *“encouraged”* to provide accessibility features on a *“best effort
>    basis”*, with no mandatory timelines, milestones or enforceable
>    obligations.
>
> The net effect of this shift is that:
>
>    - Persons with disabilities have *no enforceable right to accessible
>    OTT content for at least three years* even for new releases; and
>    - Accessibility of vast existing content libraries—constituting the
>    overwhelming bulk of OTT content—has been rendered *entirely
>    discretionary*.
>
> This approach is inconsistent with *Section 46 of the Rights of Persons
> with Disabilities Act, 2016*, which mandates that all service providers
> shall comply with notified accessibility standards *within a period not
> exceeding two years* from the date on which the accessibility standards
> are notified. The statutory framework does not contemplate indefinite
> postponement or optional compliance, particularly in sectors that directly
> implicate equality, dignity, and participation in cultural life.
>
> It is also pertinent to note that these guidelines have been issued *almost
> a decade after the enactment of the RPwD Act*, and yet prescribe an
> exceptionally lax implementation framework. Under Rule 15 of the RPwD
> Rules, accessibility guidelines had to be issued by this Ministry by
> December 2017, so we are already running 8+years too late. The cumulative
> effect is that persons with disabilities continue to be excluded from OTT
> platforms—now a primary mode of entertainment and information—long after
> such exclusion was statutorily impermissible.
>
> While industry stakeholders may have expressed feasibility concerns, such
> concerns could not have justified a *complete dilution of mandatory
> timelines*, particularly *without meaningful consultation with disability
> groups on the issue of implementation and enforceability*. Accessibility
> is not a matter of charity or convenience, but a statutory and
> constitutional obligation flowing from Articles 14 and 21 of the
> Constitution and India’s commitments under the UNCRPD.
>
> In these circumstances, I most respectfully request the Ministry to 
> *reconsider
> and revisit the implementation provisions* of the final guidelines,
> particularly with a view to:
>
>    1. Aligning the compliance timelines with *Section 46 of the RPwD Act,
>    2016*;
>    2. Restoring a *mandatory, time-bound roadmap* for accessibility of
>    existing content libraries; and
>    3. Ensuring that phased implementation remains *meaningful,
>    enforceable and subject to oversight*, rather than discretionary.
>
> I remain hopeful that the Ministry will take corrective steps to ensure
> that the promise of accessibility is realised in practice and not deferred
> indefinitely.
>
> Thanking you for your consideration.
>
> Yours sincerely,
>
> [Name]
>
>
>
>
> --
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>
>
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>

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Disclaimer:
1. Contents of the mails, factual, or otherwise, reflect the thinking of the 
person sending the mail and AI in no way relates itself to its veracity;

2. AI cannot be held liable for any commission/omission based on the mails sent 
through this mailing list..


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