cheung.co.uk

There has been a lot of talk recently about web accessibility, usability and web standards and being a web developer, I have to take these factors into account when creating sites. However, there is one further reason, and arguably the most important, why these are particularly relevant - that of the Law and how, if at all, it affects websites and their use.

In the UK it is a legal requirement for a website to be accessible and has been for most websites since 1999, apparently. I say apparently because it all depends on how these requirements are interpreted.

The relevant part of UK Law is the Disability Discrimination Act 1995. Part III Section 19 of the Act which deals with access to goods and services states:

"It is unlawful for a provider of services to discriminate against a disabled person"

Section 19 (2)(c) states that "it is irrelevant whether a service is provided on payment or without payment" and gives the example of "access to and use of information services" (Section 19 (3)(c)). This would certainly apply to, for example, a public library and the building in which it is physically in but does this apply in the virtual world? If a body is providing a public informational website (most websites are by nature informational) then according to the Law it is indeed providing a service and is therefore subject to the Act.

There has been some recent clarification from the Disability Rights Commission (DRC). In May 2002 it revised its Code of Practice which accompanies the DDA and lists services which are affected by Part III of the Act, including the example of "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" (s19(3)2.17).

It also recommends that accessible websites are a required provision for people with a hearing disability (s 21(4) 5.23) and a visual impairment (s 21(4) 5.26).

So, it seems that websites do need to comply with the DDA or face legal action. So why are companies still producing inaccessible websites? There have been very few UK web accessibility court cases although a landmark ruling in Australia should provide some food for thought. In that case, the Sydney Olympics Organising Committee (SOCOG) was found in breach of Australia’s Disability Discrimination Act and ordered to pay $20,000 compensation to the complainant.

So if websites are seen to be subject to the DDA, how do we define what is meant by an ‘accessible’ website or to what degree a site is accessible.

Is it one that complies with the WAI guidelines or one that passes all the online tests available, such as Bobby, Cynthia and the CSS/HTML/XHTML validators? These factors should definitely be considered whilst creating websites. I use them and am certain that many others who are concerned with accessibility also look to them for guidance.

According to the WAI, web accessibility means "access to the web by everyone, regardless of disability". Accessible web design has to take into account different kinds of disabilities: visual, auditory, physical, speech, cognitive or neurological. Following the guidelines and adhering to web standards helps to make websites more accessible to people with these disabilities.

As well as being on the right side of the law, there are other advantages to building accessible websites, such as increasing market share and greater audience reach, improved usability and future proofing as well as it producing semantically correct code so being naturally optimised for search engines. Google is the greatest blind user of all so any gain here is a definite advantage.

According to the RNIB, 8.5 million people in the UK have some form of disability. This equates to approximately £40-50 billion worth of purchasing power. From a business point of view this cannot be ignored.

As web developers, it should be our duty to code to standards. The myth that following accessibility guidelines puts a restriction on creativity and will result in dull and boring websites is wrong. You only have to look at the CSS Zengarden for that.

How are we different from other professions that provide a service? Just as a builder or mechanic is obliged to work to a certain level of competence and skill, surely web developers should do the same. There are web standards and guidelines that can be followed, so why not follow them? It is in everyone’s interest to do so.