#e4mExclusive:  New disability rules put OTTs, digital publishers, Big Tech on two-year compliance clock

The Union government has proposed sweeping new accessibility rules that will bring OTT platforms, digital publishers, app stores, software providers and global technology companies operating in India under a legally enforceable accessibility framework for persons with disabilities, setting compliance deadlines of up to two years and introducing penalties for companies that fail to comply.

The draft rules, notified by the Department of Empowerment of Persons with Disabilities (Divyangjan) under the Ministry of Social Justice and Empowerment, seek to amend Rule 15 of the Rights of Persons with Disabilities Rules, 2017. The notification, issued follows a November 8, 2024 Supreme Court judgment in Rajive Raturi vs Union of India, which directed the Centre to replace broad accessibility guidelines with clear and enforceable standards.

The draft has been placed in the public domain for objections and suggestions for 30 days from the date the Gazette notification is made available.

Wide coverage across digital ecosystem

The proposed rules significantly expand the scope of accessibility obligations by covering every establishment that manufactures, designs, develops, exercises decisive technical control over, or makes available digital products and services to users in India, irrespective of whether the company is based in India or overseas.

This means global streaming platforms, OTT services, digital news publishers, app-based businesses, cloud software providers and consumer electronics manufacturers offering products in the Indian market will all come within the ambit of the rules.

The framework applies to websites, mobile and tablet applications, software, digital documents, online content, ICT-based public services, communication devices, consumer electronics and other information and communication technology (ICT) products.

Accessibility built into publishing platforms

One of the key provisions directly affects digital publishers and video platforms that host user-generated content.

Instead of requiring accessibility certification for every individual article, video or social media post, the rules place responsibility on the underlying publishing platforms, content management systems and video publishing workflows.

These platforms must provide built-in capabilities for accessibility features such as captions, transcripts, alternative text for images, audio descriptions and properly structured digital documents. They must also prompt users to include accessibility features while uploading content.

Platforms that currently lack these capabilities will have six months from the notification to incorporate them.

Mandatory accessibility reports

The proposed framework is the introduction of a mandatory Accessibility Conformance Report (ACR) for every covered product or service.

Modelled on the internationally used Voluntary Product Accessibility Template (VPAT), the ACR will have to be published for products developed internally as well as those procured from third-party vendors.

The report must be made available free of cost in both human-readable formats such as HTML or accessible PDF, and machine-readable formats including JSON or XML. Failure to publish in both formats will itself amount to non-compliance.

The reports must be prepared or independently verified by qualified accessibility professionals with certified expertise in accessibility testing.

The draft also requires companies to update the ACR whenever a major software upgrade, redesign or feature change materially affects usability. Even if no major change takes place, every report must be reviewed and refreshed at least once every two years.

Importantly, organisations relying on third-party software or digital tools cannot simply depend on vendor declarations. They will be required to independently verify the accuracy of supplier-issued accessibility reports before deploying those products.

This provision is likely to affect OTT platforms, digital publishers and technology companies using third-party content management systems, video players, advertising technology tools and software development kits (SDKs).

Phased compliance deadlines

The draft adopts a phased implementation schedule based on company size.

Companies with annual turnover of ₹500 crore or more will have one year from the publication of the final rules to comply with the mandatory baseline accessibility requirements prescribed under Schedules I and II.

These schedules cover websites, software applications, electronic documents and communication hardware.

Smaller establishments will receive 18 months to meet the same initial requirements.

However, irrespective of turnover, every covered establishment must achieve full compliance with the prescribed accessibility standards within two years.

The technical standards referenced are Bureau of Indian Standards specifications IS 17802 (Part 1): 2021 and IS 17802 (Part 2): 2022, which are based on internationally recognised web and digital accessibility standards.

The rules also close a potential compliance loophole by requiring turnover to be calculated on a group basis. Revenue of parent companies, subsidiaries and commonly controlled entities marketing India-facing products through intermediaries will be aggregated while determining eligibility under the turnover threshold.

Archived digital content that is clearly identified as archival material and not intended for active public use has been exempted from the requirements.

Penalties and enforcement

The proposed rules introduce a structured enforcement mechanism backed by financial penalties.

The Chief Commissioner for Persons with Disabilities and State Commissioners will be empowered to investigate violations and impose penalties under Section 89 of the Rights of Persons with Disabilities Act.

Companies found to be non-compliant will be given 90 days to rectify deficiencies.

Failure to comply within that period could attract higher penalties. Continued non-compliance may also result in suspension or cancellation of licences, registrations or regulatory approvals, while sector-specific regulators will continue to retain powers to impose additional sanctions where applicable.

Multi-tier grievance mechanism

The draft also introduces a formal grievance redressal framework for accessibility complaints.

Every establishment will be required to appoint a Grievance Redressal Officer to address complaints at the organisation level.

If unresolved, complaints can be escalated to Deputy Nodal Officers and Chief Nodal Officers at the ministry or regulatory level before reaching the Chief Commissioner for Persons with Disabilities.

The framework prescribes time-bound disposal of complaints, with resolution periods of 30 days at the establishment level, followed by 45 days each at the subsequent stages.

National committee to oversee implementation

To oversee implementation, the government proposes establishing a National Accessibility ICT Committee within 90 days of notification.

The committee will include at least 50% representation from persons with disabilities and will be responsible for coordinating implementation, empanelling accessibility auditors and testing agencies, and issuing directions where systemic accessibility issues are identified.

If finalised in its present form, the rules would mark India's most comprehensive digital accessibility framework to date.

For OTT platforms, digital publishers, app developers and multinational technology companies, the proposal transforms accessibility from a best-practice recommendation into a statutory compliance obligation backed by disclosure requirements, periodic reporting, regulatory oversight and financial penalties.

The framework also introduces mandatory public accessibility reporting and machine-readable disclosures, adding a layer of transparency that goes beyond many existing international accessibility regimes.

Industry stakeholders are expected to raise concerns during the 30-day consultation period over the six-month implementation timeline for user-generated content platforms, the definition of "decisive technical control" for foreign-headquartered companies, and the operational burden of refreshing Accessibility Conformance Reports every two years for frequently updated software products.