80% of company websites flout accessibility law

09 March 2005

Could your business face prosecution?

The new media industry has at last been forced by law to take its responsibilities to disabled users more seriously. The disabled community, accounting for one in seven of the UK population, is largely excluded from accessing the internet.

From October 1st last year small employers are no longer exempt from Part III of the Disability Discrimination Act (DDA) which sets out legal obligations for service providers to make sure those with disabilities can access their products.

In 2002, a Code of Practice was published which specifically covers the accessibility of websites. Firms could now face legal action and the threat of compensation payments if they fail to comply.

Royal National Institute of the Blind’s Digital Policy Development Manager, Julie Howell said “The 8.6 million disabled people in the UK have both moral and legal rights of access to the web. The assistive and mainstream technology industries have worked together to produce technology to enable people with impairments such as blindness, deafness, physical and cognitive disabilities to use IT and to access the web successfully”.

“The onus now is on individual businesses to ensure they have policies in place that enable disabled people to access their online content."

In a groundbreaking first case under the DDA, Australian Bruce Maguire lodged a complaint with the Human Rights & Equal Opportunity Commission against the Sydney Organizing Committee for the Olympic Games in June 1999 for their creation of an inaccessible website. The organisation was fined $20,000.

In a formal investigation into 1000 websites carried out by the Disability Rights Commission (DRC) recently, over 80 per cent were found almost impossible for disabled people to use.

“The DRC made it clear when they published their report, that inaccessible web design is unacceptable and that they will prosecute where necessary. So the clock is ticking louder by the day.” Howell said. Web site accessibility is about listening to users needs as well as following technical guidelines. However, the term applies not just to disabled people but also enables anyone using new devices like mobile phones, interactive TV and PDA to access the content. An added benefit of an accessible website might then be improved search engine ratings. The World Wide Web Consortium (W3C), an international group aiming to improve the interoperability of the internet, publish Web Accessibility Initiative (WAI) guidelines.

The UK's Association of Online Publishers advises web publishers to comply with at least the first level of the WAI guidelines and with the codes of practice issued by the DRC.

Brighton-based web specialists, eplatforms are one of the first companies to offer a testing service using a panel of registered disabled people. Pioneers in accessible web design, sites are thoroughly tested for browser, cross platform and search engine accessibility. A percentage of project revenue is then donated to charity.

Managing Director Simon Gibbs said, “Companies should not underestimate the importance of accessibility. Here at eplatforms our designers, herald from leading brand agencies and are skilled in both the art of making websites attractive while boasting the technical expertise to match requirements of W3C guidelines. We take every step possible to ensure that our clients are fully compliant and not in breach of the law”.