Web Accessibility and the Law:
Is accessibility being legislated?
Web accessibility guidelines and standards as set forth by the World Wide Web Consortium (W3C) are not legally binding on their own. However, various jurisdictions throughout the world are adopting the W3C's guidelines into regulations for web content.
At the present time, these regulations apply mainly to Information Technology that is made available by government to its citizens and employees. Private companies are not legally required to make their content accessible to the disabled. In the United States, the regulations do include procurement. If a private company is providing Information Technology to the U.S. government, Section 508 of the Rehabilitation Act of 1978 requires that such technology meet accessibility standards.
While the law is somewhat unclear as to the responsibilities of private businesses when it comes to publishing accessible web material, a significant recent development bears noting. America Online (AOL) backed down from a lawsuit by the National Federation of the Blind (NFB). The NFB alleged that AOL's basic web services required the help of a sighted person in order to be used by the blind. Rather than face litigation costs and possible damage claims, AOL agreed to an out-of-court settlement in which it is enjoined to make its products accessible.
Interestingly, the AOL vs. NFB case was not brought about under Section 508. Using the argument that the Internet is a "place of business" open to the public, the suit was launched with reference to the Americans with Disabilities Act (ADA). Although the case was eventually settled out of court, the fact that AOL legal team felt that they needed to settle is quite telling.
In August 2000, Australia awarded damages in the amount of $20,000 AUD be paid by a private organization, Sydney Organising Committee for the Olympic Games, for having inaccessible features on its website. The case was litigated under Australia's Disability Discrimination Act (DDA).The W3C has an excellent source of information regarding the latest legal policy developments in various countries. It can be accessed at http://www.w3.org/WAI/Policy/.