Media Accessibility Under Rights of Persons with Disabilities for a Disabled Person

Context:

• This article is based on an Editorial “Making films accessible to the disabled can serve everyone” which was published in the Indian Express. Recently, Rahul Bajaj, a blind advocate, made the case for media accessibility in cinema halls, in the Delhi High Court under the Rights of Persons with Disabilities (RPwD) Act, 2016.
• Also, Sarah Sunny made history recently by becoming the first deaf advocate to use Indian Sign Language (ISL) to argue a case in the Supreme Court. 

Demand by Disability Rights Groups under Rights of Persons with Disabilities (RPwD) Act

• Inclusion of Accessible Features: India’s disability rights groups are asking for four accessibility features to be included as separate files in any digital film package: SLC (SLS implied), AD, translated English captions/subtitles and ISL video interpretation for picture-in-picture display. 
• Need of the hour: Media accessibility becomes a default and choice in any content distribution and consumption scenario.

Balancing Accessibility and Viability: Challenges in Implementing Media Inclusivity

• Perceived Limited Benefit: Some in the entertainment industry believe that media accessibility primarily caters to a small minority of hearing and visually impaired viewers, potentially diminishing the experience for the majority.
• Complexity and Cost: Making films accessible on various devices and platforms is seen as a complex and costly endeavour, posing practical challenges for implementation.

Flawed arguments by the Entertainment Industry:

• The notion that media accessibility exclusively serves Deaf and Hard of Hearing (DHH) persons and visually impaired individuals is flawed.
• Global evidence shows that accessibility features benefit everyone, including the hearing and sighted individuals.
  • BIRD demonstrates the positive impact of features like Same Language Subtitles or Captions (SLS/SLC) on reading literacy and language skills.
  • Even hearing viewers find value in SLS, especially in noisy environments.

Empowering Choices: Accessibility as a Pragmatic and Legal Imperative

• Choice lies with Stakeholder: Any stakeholder can turn the accessibility features on or off at practically no cost. 
• Compliance with Legislation: Compliance with the RPwD Act and the Ministry of Information and Broadcasting (MIB) Accessibility Standards, 2019, becomes a managerial decision.
• Example: According to WHO, older than 60 years, over 25 percent are affected by disabling hearing loss. In the future, all 1.4 billion Indians will benefit from media accessibility.

Enhancing Accessibility in Entertainment: A Holistic Approach for Inclusive Content Delivery

• Need of a System Approach: Achieving media accessibility across the entertainment system is not as complicated, or costly as the industry claims, if they adopt a systems approach. 
• Digital Content Package (DCP): Need for the inclusion of accessibility features as separate files in the DCP. This is most cost-effectively achieved across platforms, channels and devices.
• Accessibility should be an integral part of the Content: The entertainment industry encompasses the creation, distribution, and consumption of content in more than 23 Indian languages, which requires accessibility features as an integral part of all content.
• Special Shows: Cinema halls can schedule and announce special shows with SLS/SLC or AD. 

Conclusion:

• The push for comprehensive media accessibility, guided by the Rights of Persons with Disabilities Act, is crucial for fostering inclusivity and enriching the experiences of diverse audiences, thereby creating a more equitable and accessible entertainment landscape.