Navigating Legal Compliance in Accessibility for Subtitling, Dubbing, and Translation in India

Accessibility makes digital content and services accessible to people with disabilities, such as vision, hearing, cognitive, or motor impairments. Accessibility is not only a moral and social responsibility, but also a legal obligation for many public and private organizations in India. In this blog, we will explore the legal compliance in accessibility for subtitling, dubbing, and translation, which are techniques for interpreting a message to a new audience, using different languages and modalities. We will also provide some best practices and tips for making audiovisual content accessible and compliant with Indian laws and regulations.

What are the legal requirements for accessibility in India?

The main legal requirement for accessibility in India is the Rights of Persons with Disabilities Act, 2016 (RPD Act), which replaced the earlier legislation and provides clearer guidance for digital accessibility. The RPD Act prohibits discrimination against people with disabilities in all areas of public life, including employment, education, transportation, communication, and access to goods and services. The RPD Act applies to both public and private sector organizations and requires them to provide reasonable accommodations for people with disabilities, without imposing a disproportionate or undue burden.

The RPD Act does not explicitly mention web accessibility, but it has been interpreted by courts and commissions to include websites and mobile apps as places of public accommodation that must be accessible to people with disabilities. For example, in 2021, the Chief Commissioner for Persons with Disabilities ordered Practo, an online healthcare platform, to make its website and app accessible for people with visual impairments, after receiving a complaint from a user who faced difficulties in accessing the services. The Practo case is significant because the commission ruled that the RPD Act provides a two-year time limit for service providers to comply with the rules on accessibility as formulated by the government in 2017.

The RPD Act does not specify a universal set of standards to define “accessible content”, but it refers to the Guidelines for Indian Government Websites, which were issued by the Department of Administrative Reforms and Public Grievances in 2009. The Guidelines for Indian Government Websites are mandatory for government websites, but they can also serve as a reference for private websites. The Guidelines for Indian Government Websites require that web content conforms to the Web Content Accessibility Guidelines (WCAG) 2.0 Level A, which are technical standards on web accessibility developed by the World Wide Web Consortium (W3C), the international organization that sets the standards for the web.

The WCAG 2.0 Level A provides guidelines and success criteria for making web content perceivable, operable, understandable, and robust for people with disabilities. The WCAG 2.0 Level A covers various aspects of web accessibility, including subtitling, dubbing, and translation. For example, the WCAG 2.0 Level A requires that captions are provided for all pre-recorded audio content, that audio description is provided for all prerecorded video content, and that information and functionality are not dependent on the user’s ability to perceive color, sound, or shape.

What are subtitling, dubbing, and translation?

Subtitling, dubbing, and translation are techniques for interpreting a message to a new audience, using different languages and modalities. They are often used for audiovisual content, such as films, TV shows, video games, and online videos, to make them accessible to people with different languages and sensory abilities. Here are some examples of each technique:

• Subtitling: This is a technique where text captions are displayed on the screen, synchronized with the audio, to provide a written representation of the dialogue, speech, or sound effects. Subtitling can be used for different purposes, such as:

• Language translation: Subtitling can translate the original audio to another language so that people who do not speak or understand the original language can follow the content. For example, a Hindi film can have English subtitles for an English-speaking audience.

• Deaf and hard of hearing accessibility: Subtitling can provide a written alternative to the audio so that people who are deaf or hard of hearing can access the content. For example, a YouTube video can have subtitles that indicate the speaker’s name, tone of voice, and background noises, in addition to the dialogue.

• Dubbing: This is a technique where the original audio is replaced with a new audio track that matches the language, emotion, tone, and lip movements of the original audio. Dubbing aims to create a seamless and natural experience for the audience as if the actors on screen speak the same language as the viewers. Dubbing can be used for different purposes, such as:

• Cultural adaptation: Dubbing can be used to adapt the original content to the culture, preferences, and expectations of the target audience. For example, the dubbing of Doraemon, where the jokes, references, and names are changed to suit the Indian humor and context.

• Audience accessibility: Dubbing can make the original content accessible to audiences who cannot read subtitles, such as children, illiterate people, or visually impaired people. For example, the dubbing of Chhota Bheem, where the songs, dialogues, and characters are translated and performed in different languages.

• Translation: This is a technique where the original message is converted to another language, using the same or a different modality. Translation can be used for different purposes, such as:

• Text translation: Translation can be used to convert written text from one language to another, such as documents, articles, or books. For example, a novel can be translated from English to Hindi for a Hindi-speaking market.

• Speech translation: Translation can be used to convert spoken language from one language to another, such as speeches, lectures, or podcasts. For example, a TED talk can be translated from English to Tamil for a Tamil-speaking audience.

How do we comply with the legal requirements for accessibility in India using subtitling, dubbing, and translation?

To comply with the legal requirements for accessibility in India using subtitling, dubbing, and translation, it is important to follow some best practices and tips, such as:

• Use the WCAG standards as a reference: The WCAG standards provide guidelines and success criteria for making web content accessible to people with disabilities, including subtitling, dubbing, and translation. The WCAG standards are not a legal requirement, but a set of globally adopted standards often referenced or incorporated by other laws and policies. For example, the Guidelines for Indian Government Websites require that web content conforms to WCAG 2.0 Level A, which are the same standards that the RPD Act refers to. By following the WCAG standards, you can ensure that your content meets the legal requirements and the user needs.

• Use professional and quality services: Subtitling, dubbing, and translation are complex and nuanced processes that require linguistic, cultural, and technical skills and knowledge. Therefore, it is advisable to use professional and quality services that can ensure accuracy, clarity, consistency, and accessibility of the content. For example, using automated or machine-generated services may result in errors, inaccuracies, or incomprehensibility, which can affect the accessibility and usability of the content. Moreover, using professional and quality services can help avoid legal issues, such as plagiarism, infringement, or defamation, that may arise from subtitling, dubbing, or translation.

• Test and evaluate the accessibility of the content: Testing and evaluating the accessibility of the content is essential to ensure that the subtitling, dubbing, and translation meet the legal requirements and the user needs. Testing and evaluating the accessibility of the content can involve different methods and tools, such as:

• User testing: User testing is a method where real users with different languages and abilities are involved in testing and providing feedback on the content. User testing can help identify and address any issues, problems, or preferences that the users may have with the subtitling, dubbing, or translation, and improve the accessibility and usability of the content.

• Web accessibility evaluation tools: Web accessibility evaluation tools are tools that can help check and measure the accessibility of web content, such as websites, apps, or documents, against the WCAG standards or other accessibility criteria. Web accessibility evaluation tools can provide automated or manual testing, reports, or recommendations on how to improve the accessibility of the content. However, web accessibility evaluation tools cannot guarantee the accessibility of the content, and they should be used in combination with user testing and expert review.

Accessibility is the practice of making digital content and services accessible to people with disabilities, such as vision, hearing, cognitive, or motor impairments. Accessibility is not only a moral and social responsibility, but also a legal obligation for many public and private organizations in India. Subtitling, dubbing, and translation are techniques for interpreting a message to a new audience, using different languages and modalities. They are often used for audiovisual content, such as films, TV shows, video games, and online videos, to make them accessible to people with different languages and sensory abilities. To comply with the legal requirements for accessibility in India using subtitling, dubbing, and translation, it is important to follow some best practices and tips, such as using the WCAG standards as a reference, using professional and quality services, and testing and evaluating the accessibility of the content. By doing so, you can ensure that your content is accessible, compliant, and enjoyable for everyone.

SOURCE: 1. W3.org 2. Scroll.in 3. Boia.org 
Image Source: https://unsplash.com/

The Increasing Importance of Accessibility in Media

Media is a powerful and influential tool that can inform, educate, entertain, and inspire people around the world. Media can also promote social inclusion, diversity, and human rights, by giving voice and visibility to people from different backgrounds, cultures, and abilities. However, the media can also exclude, marginalize, and discriminate, if it is not accessible to everyone, especially people with disabilities.

According to the World Health Organization, more than one billion people, or 15% of the world’s population, live with some form of disability. People with disabilities face various barriers to access and enjoy media, such as:

• Visual impairments: People who are blind or have low vision may not be able to see the images, graphics, or text on the screen, or may have difficulty reading the subtitles or captions.

• Hearing impairments: People who are deaf or hard of hearing may not be able to hear the audio, dialogue, or sound effects, or may have difficulty understanding the speech or accents.

• Cognitive impairments: People who have learning disabilities, attention deficit disorders, or memory problems may not be able to process the information, follow the storyline, or remember the details.

• Physical impairments: People who have limited mobility, dexterity, or speech may not be able to use the devices, controls, or interfaces, or may have difficulty interacting with the media.

These barriers can prevent people with disabilities from accessing the same information, opportunities, and experiences as others, and can limit their participation and contribution to society. Therefore, making media accessible to people with disabilities is not only a moral and social responsibility, but also a legal obligation and a business opportunity.

Legal Obligation

Many countries and regions have laws and policies that require media accessibility, such as:

• The United Nations Convention on the Rights of Persons with Disabilities (CRPD): This is an international treaty that protects and promotes the rights of people with disabilities, including the right to access information and communication technologies, such as media. The CRPD states that media providers should provide accessible information to people with disabilities, through accessible formats and technologies, such as subtitles, captions, audio description, sign language, and easy-to-read language.

• The Americans with Disabilities Act (ADA): This is a federal law that prohibits discrimination against people with disabilities in all areas of public life, including communication and access to goods and services. The ADA applies to media providers, such as broadcasters, cable operators, and online platforms, and requires them to provide accessible media to people with disabilities, such as closed captions for TV programs and videos, and audio descriptions for movies and shows.

• The European Accessibility Act (EAA): This is a directive that aims to improve the functioning of the internal market for accessible products and services, such as media. The EAA requires media providers, such as TV broadcasters, video-on-demand services, and online platforms, to make their media accessible to people with disabilities, by providing subtitles, captions, audio descriptions, and sign language.

These are some of the main legal requirements for media accessibility, but there may be other laws and policies that apply to specific sectors, regions, or situations. Therefore, media providers need to consult legal authorities and experts for the appropriate jurisdiction and context.

Business Opportunity

Making media accessible to people with disabilities is not only a legal obligation but also a business opportunity, as it can provide several benefits, such as:

• Increasing audience reach: Making media accessible to people with disabilities can increase the potential audience size and diversity, as it can attract and retain more customers who may otherwise be excluded or dissatisfied. For example, according to a study by the UK Office of Communications, 80% of people who use subtitles are not deaf or hard of hearing but use them for various reasons, such as improving comprehension, reducing noise, or learning a language.

• Enhancing customer satisfaction: Making media accessible to people with disabilities can enhance customer satisfaction and loyalty, as it can improve the quality, usability, and enjoyment of the media. For example, according to a survey by the American Council of the Blind, 95% of respondents who watched audio-described movies and shows reported that they enjoyed them more, and 81% of respondents said that they would watch more movies and shows if they had audio descriptions.

• Improving brand reputation: Making media accessible to people with disabilities can improve brand reputation and image, as it can demonstrate a commitment to social responsibility, inclusion, and diversity. For example, according to a study by the Reputation Institute, 40% of consumers’ willingness to buy, recommend, or trust a company is driven by their perception of the company’s corporate social responsibility, which includes accessibility.

Media is a powerful and influential tool that can inform, educate, entertain, and inspire people around the world. However, the media can also exclude, marginalize, and discriminate, if it is not accessible to everyone, especially people with disabilities. Therefore, making media accessible to people with disabilities is not only a moral and social responsibility but also a legal obligation and a business opportunity. By making media accessible to people with disabilities, media providers can ensure that their media is inclusive, engaging, and accessible for everyone.

Source:  1. Mckinsey.com 2. Mdpi.com 3. Mckinsey.com 4. Sloanreview.mit.edu 5. Mckinsey.com 6. Monsido.com 7. Accessibility.uncg.edu 8. Cis-india.org 9. Wordstream.com 10. Doi.org 
Image: https://unsplash.com/