Accessibility: the law
UK law and accessible websites
New legislation regarding accessibility of websites has not been clearly
defined and is currently difficult to gain all the facts. Hermish hopes
to dispel any doubts by providing this Web Accessibility FAQ.
Hermish Accessibility FAQ
Q: I’ve been hearing a lot about web accessibility issues, when
did this first begin?
A: October 1st 1999 heralded the first step of the Disability Discrimination
Act regarding websites. This was followed by a code
of practice released on the 27th May 2002.
Q: When is web accessibility legislation coming into force?
A: The Disability Rights Commission have stated on their website that October
2004 will commence the final stage of part 3 of the Disability
Discrimination Act.
Q: What exactly does this new law state?
A: Passages taken from Disability Discrimination Act refer to the provision
of goods, facilities and their services:
2.2 (p7): “The Act makes it unlawful for a service provider to
discriminate against a disabled person by refusing to provide any service
which it provides to members of the public.”
4.7 (p39): “From 1st October 1999 a service provider has to take
reasonable steps to change a practice which makes it unreasonably difficult
for disabled people to make use of its services.”
2.13 – 2.17 (p11-13): “What services are affected by the Act? An
airline company provides a flight reservation and booking service to the
public on its website. This is a provision of a service and is subject
to the act.”
5.23 (p71): “For people with visual impairments, the range of auxiliary
aids or services which it might be reasonable to provide to ensure that
services are accessible might include … accessible websites.”
5.26 (p68): “For people with hearing disabilities, the range of
auxiliary aids or services which it might be reasonable to provide to
ensure that services are accessible might include … accessible websites.”
Q: Does the part 3 of the Discrimination Act refer only to internet service
providers?
A: When the Disability Rights Commission refer to ‘service providers’
it should not be confused with the internet. This part of the document refers
to physical arrangements for disabled people and does not relate to websites.
Q: Could a website owner get sued for non-compliance of the accessibility
act?
A: Technically, yes. According to the Royal National Institute of the Blind
causes have already been taken against several non-accessible websites.
This is believed to increase once the final stage of the Disability Discrimination
Act comes into force.
Q: What evidence is available regarding the web accessibility and prosecution?
A: A blind man successfully sued the Sydney
Olympics organisation committee over the inaccessibility of their website.
Q: Could a website be shut down?
A: There is speculation about website owners that refuse to make their
site accessible despite prosecution. There is no concrete proof to this
but it is a possibility and I’m sure such cases could emerge after
October 2004.
Q: What action is required to make a website accessible?
A: The World Wide Web Consortium (W3C) Web Accessibility guidelines provide
a clearly defined set of instruction on making a website accessible. Hermish
was designed to operate in accordance to the W3C Web Accessibility guidelines.
We also offer a web accessibility service whereby we do the work for you.
You may make an enquiry via our contact form on the contact page.
Generally a Website must comply to Priority 1 and should pass Priority 2.
The current misconception is that once priority 1 has been established a
website is accessible. This is not true, Priority 1 only makes a website
accessible to a small proportion of disabled people. Both Hermish and the
European
Union recommend that both Priority 1 and 2 be established to maximise
accessibility. Nevertheless, where possible try to gain the Priority 3 level.
Q: How do you maintain web accessibility once a website has been optimised
for web accessibility?
A: Hermish offer a paid service that monitors your website on a weekly
basis indicating where detectable violations have occurred. It is also
down to the website designer to make sure that content is readable and
easily understood.
For more information read the
Disability Discrimination Act 1995 (c. 50).
Discover how the October
2004 deadline will affect you.