Does your website comply with the Disability Discrimination Act 1995 (the "Act")?

A study of 1,000 websites published by the Disability Rights Commission (the "DRC") last week revealed that 81% failed to reach the minimum standard for accessibility.

• The Act makes it unlawful for a provider of services to discriminate against disabled persons.
• The owner of a site must take all reasonable steps to:
  • make accessible a site which is impossible or unreasonably difficult for a disabled person to use
  • provide an auxiliary aid (eg an audio tape) if that would facilitate a disabled person's use of a site.
• A website could be inaccessible if it:
  • is written in an incompatible code which cannot be converted into speech by "Speech Reader" software
  • is configured so that a user cannot make changes to the font or background colour to improve visibility
  • makes extensive use of audio commentary without a written transcript.
• Reasonableness is judged by reference to the particular circumstances and factors may include:
  • the site owner's financial resources
  • whether it is practicable to take the steps
  • the cost of making necessary adjustments.
• What if I get it wrong?
  • there has not yet been any legal action in the UK, but a blind claimant was awarded substantial compensation under similar legislation in Australia.
  • The DRC's Code of Practice and useful guidance is available at www.drc-gb.org
    

John Spratt
Partner

22 April 2004