Does your website comply with the Disability Discrimination Act 1995

Your website may be secure, attractively designed and quick to load, but does it comply with the Disability Discrimination Act 1995 (the "Act")? The Disability Rights Commission (the "DRC") is starting a formal investigation into the accessibility of a sample of 1,000 websites. The results of the investigation are expected by the end of this year.

• 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

From October 2004 there will also be new duties under the Act relating to the accessibility of premises.

May 2003