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Spinning an Accessible Web

Disability Rights

Spinning an Accessible Web

Presentation to E-Accessibility Forum

Adelaide

6 March 2007

Graeme Innes

Human Rights Commissioner and Commissioner responsible for Disability Discrimination

Graeme Innes

One day during the Christmas school holidays, my nine-year-old daughter came into the loungeroom, where I was relaxing with a glass of Scotch, and said: "Dad, the window won't pop up -- you have to come and fix it".

My first thought was, "oh no! She's got a boy outside waiting for her to climb through the window". But I was keen to see if I could finish my Scotch first, so I tried to buy some time. "Any window in particular that won't pop up?" I asked. "The item window" was the reply. "Ah yes, of course", I said, wondering what on earth the item window might be. At least it didn't sound like it involved eloping with a boy.

So I followed my daughter into the computer room to learn about the mysteries of the item window. It turns out that the window in question was a part of the world of Neopets.com. When you log on to this website, you enter the virtual land of Neopia, which is populated by several species of Neopets. You create a Neopet, and then you have to feed it, take it on picnics, buy things to keep it happy, read it stories, take it to the Neopet doctor if it gets sick, and, in general, spend so much time with it that you don't have a moment to spare when your father asks you to do the washing-up or get ready for bed. My daughter was contemplating a purchase for one of her Neopets (fortunately you use Neomoney rather than dad's credit card) and when she clicked on the item, a window giving details of its suitability and neoprice was supposed to pop up. But it didn't, and I was expected to fix it.

I checked out all the Internet Explorer security settings, and quickly found the problem. Good, I thought: my daughter will now see how computer literate her father is. We rebooted the computer, and I went back to my Scotch. A couple of minutes later, "Dad! It still doesn't pop up. You said you'd fixed it." "Must be a bug in the software", I muttered. I checked all the settings again, quickly found the source of the problem, and went triumphantly back to the second glass of Scotch.

The fifth time my daughter informed me that the window would not pop up, she added, in that tone of voice that only daughters know how to produce, "don't worry, dad: it doesn't really matter". With my image as a computer-conquering father in tatters, I decided that I would just have to swallow my pride, admit my problem, and send a message to the Neopets help desk.

But to do this, I had to be logged on, which meant that I had to set up an account of my own, and create my very own Neopets. I brought two Aishas into the Neopet world, and then set about trying to feed them. As this was my first time in Neopia, I only had a bit of welfare that they had given me, and so I had to take the pets to the soup kitchen (which, of course, is presided over by the soup fairy). I then opened an account at the Neopian bank, put some shares on the Neopian stock market, and went exploring with my new pets. I played the game of Kiss the Morthog so I could win some neomoney (which is a risky business, because Morthogs often explode when kissed). We went back to the soup kitchen for some dinner, and one of my Neopets sent me a message that it didn't like the soup on offer. Naturally, I told it that if it kept up that kind of talk, I'd put it in the neopound.

Now, I don't usually become engrossed in these kinds of virtual reality worlds, but there is something very addictive about Neopets. And for me as a blind person, it was a novelty that I could actually participate in so much of the site's activities. In creating the world of Neopia and its Neopet inhabitants, the designers have used a variety of technologies, and I was expecting that it would be largely inaccessible. But I was very pleasantly surprised to find that all the images had text labels and descriptions, and considerable attention seemed to have been given to making the site accessible. The one thing I couldn't do was enter my Neopet in the beauty contest, because to do that you had to draw a picture of it. My daughter was delighted that I could play Neopets with her, and I was on the point of submitting my resignation to the Human Rights Commission on the grounds that I could no longer work there because of my Neopet care responsibilities.

I went to log in to the site again, and was presented with a security check where I had to copy a series of displayed numbers and letters into a text box. If you've opened a Hotmail account or Yahoo group recently, or even registered with the Sydney Morning Herald, you've seen the same thing. The numbers and letters are displayed as distorted images. The idea is to stop spam robot software registering hundreds or thousands of accounts. But it also stops me, and other people who are blind or vision-impaired, from using just one account, because the process is completely inaccessible. The software that we use to read the computer screen can't interpret the letters and numbers used in these security checks, because they are displayed as graphics, not text. Some sites do have an alternative that is more accessible, but not Neopets.com. Once I logged in, I could use almost every feature of the site -- but I couldn't log in.

So that was the end of my Neopets experience -- I hope the Soup Fairy took pity on my two Aishas.

I tell this story to show that web accessibility doesn't just happen automatically; it has to be designed into the site, which means that the designers must have knowledge of the principles of universal web design. But accessibility is really a way of thinking about the world, and a philosophy of life, not just a set of techniques. Had the Neopets designers been in an accessibility state of mind, they would have provided an accessible alternative to the inaccessible security check. The end result is that, by overlooking this one aspect, they made the whole site unusable by a person who is blind or vision impaired. By spinning an inaccessible website, the designers of this site have ensured that people with a disability are hopelessly ensnared in it.

When people with a disability use the Web, we do so for exactly the same reasons as other members of the community, for example, to find information about government services, to pay bills, book airline tickets, buy groceries, and so on. People with a disability are in every way part of the population (in fact, they're 20 % of it), and they are part of your client group. Show me an aspect of web development, design or content management that affects your users, and I'll show you how it impacts on users with a disability.

In the context of the web, it is customary to refer to "accessibility", and the principles of accessible or universal web design when discussing how people with a disability can gain independent and equal access. Using these terms, I can state my basic message: accessible web pages are usable by everyone, the principles of universal design assist everyone, and so if we want a web page or its content to be usable by everyone, then we have to think accessibility first, accessibility second, and accessibility all the way down the line.

Some people, including some web administrators, feel that you can design a web page, publish content on it, and evaluate its performance; and then, if you have time and the resources, and if the wind's blowing in the right direction, you can do some accessibility testing. This view is actually much more common that you might imagine, and certainly much more common than it should be. Yet, this view makes little sense when you think about it logically: we don't design a house and then, after the doors are on, wonder if anyone can live in it; we don't design a car and then test to see if anyone can actually drive it. Yet, all too often we find web pages that are designed in such a way as to be unusable or inaccessible. And, in the Australian context, this "design now, test later" approach can lead to conduct that is unlawful.

I want to deal with the illegality first, by providing a brief overview of the Commonwealth Disability Discrimination Act, or DDA. The DDA is Commonwealth legislation that relates to discrimination against the 20% of Australians who have a disability. Under the DDA, it is unlawful to discriminate against a person on the grounds of a disability.

The DDA has a broad definition of "disability" that includes:

  • Physical
  • Intellectual
  • Psychiatric
  • Sensory
  • Neurological, and
  • Learning disabilities, as well as
  • Physical disfigurement, and
  • The presence in the body of disease-causing organisms.

The DDA definition of disability is broader than that used by the Australian Bureau of Statistics in arriving at a figure for the percentage of the population that has a disability. In the context of web design and content management, the broader definition is particularly relevant. For example, people who have a temporary disability such as a broken arm will still want or need to use the Internet, and so web pages that incorporate the principles of universal web design will benefit a much broader group than even the 20% figure that I quoted earlier.

The DDA sets out specific areas in which it is unlawful to discriminate. These include access to premises; accommodation; education; employment; the provision of goods, services and facilities; and the administration of Commonwealth laws and programmes. The definitions of "goods" and "services" in the DDA include the kinds of services provided, for example, by banks and other financial institutions, retail shops, churches, cinemas, television stations, as well as services provided by government departments and agencies. An a government department, that provides services or information through a website, is also liable for complaint under the DDA.

The DDA does recognise, that in certain circumstances, providing equitable access for people with disabilities could cause "unjustifiable hardship" for an individual or organisation providing goods or services.

Where a person with a disability believes they have been discriminated against, they can lodge a complaint with the Commission, which will investigate the complaint and attempt to conciliate a solution between the two parties. Where conciliation is not possible, the complainant may take their complaint to the Federal Court or Federal Magistrates Service, which have the authority to determine whether unlawful discrimination has occurred, and what constitutes "unjustifiable hardship". If the court concludes that removing discrimination would cause unjustifiable hardship, then the complaint is not upheld.

There are two points to keep in mind about unjustifiable hardship: firstly, it implies that removing discrimination may involve some justifiable hardship -- it is not enough for an organisation defending a complaint of disability discrimination simply to say that removing discrimination will be hard. Rather, the question is when that hardship becomes unjustifiable, and the answer will depend on a number of factors that can be considered by the court. Secondly, the concept of unjustifiable hardship recognises that not all discrimination can be removed, and that the rights of people with a disability are part of a social framework whose diverse and sometimes incompatible elements must be balanced.

Having said that, the defence of "unjustifiable hardship" is not available where a complaint relates to the administration of Commonwealth laws and programmes. This reflects the government's view that it has a particular responsibility to promote the objectives of the DDA, and to eliminate discrimination against people with a disability. In the context of information access and web accessibility, this means that if a DDA complaint about an inaccessible website or information content is upheld, then the Commonwealth is obliged to take steps to eliminate the discrimination.

Even for non-government websites, it's hard to see how a website developer could succeed with a claim of unjustifiable hardship. We've had international best-practice standards in the area of web accessibility for 7 years now, and there's a lot of well-publicised and easily-available information and training on how to use them; there are also quite a few very good software tools that assist in the testing of websites for accessibility.

Also, the DDA covers intranet sites as well as external sites, and that government departments and private-sector organisations need to consider the accessibility of their intranets to employees, or potential employees, with a disability.

Also, computer software is covered by the DDA. If purchasing policies, and vendor contracts, don't include requirements for accessibility, then current or future employees with a disability could find themselves excluded, and DDA complaints may result.

Now, I'm sure you've noticed that we humans have a highly-developed capacity for taking a simple concept and making it so complicated that no-one else can understand it. In discussing web accessibility, there is a danger that we can become seduced by legalese and techno-babble, and lose sight of what it's really all about. For me, as a person who is blind, the web has opened up a new dimension in information access. I can't just go into a shop and browse the shelves for products, but with an accessible website, I can experience the freedom and independence of making my own choices. Web accessibility isn't some abstract notion of social justice -- it impacts directly on almost every aspect of my life and the lives of other people with a disability.

For example, it's precisely because of web accessibility initiatives such as the excellent 10-point checklist that's being distributed here today that I can buy groceries online. Not long ago, my grocery delivery arrived. I identified all the products in my order, and found that there were a couple of extra items. "Free samples", I thought. One of the little packets felt like nuts. Later in the day, when I was feeling in need of a nut-break, I opened the packet, and took a bite. I quickly realised that whatever I was eating, it wasn't a nut. So I left the packet on the bench. Later, my daughter said, "Dad, why is there a sample packet of cat vitamins open on the bench? You don't have a cat". "Miaow", I replied. Ever since then, I wake up in the night with an irrepressible urge to chase mice.

Thinking about mice reminds me that the mouse has had a complete makeover since computers came along: no longer is it just a pesky rodent. In its clickable form, it's now essential to our lives. And here we penetrate to the heart of why web accessibility is so important. The mouse is good if you can see the pointer, and have the ability to control its movement. But if you are blind, or if you have a disability that affects your hand-eye coordination, then it may be impossible to move the mouse. Which is why accessible web sites allow you to use the keyboard as well. They don't assume that everyone has the same needs or abilities. They don't, for example, require that a physical mouse be present in order to activate a link: pressing the Enter key on the link will activate it as well. It isn't hard to incorporate features such as this into the code for a web page, and it can have a significant impact on the site's overall accessibility.

Now, I don't want to become a victim of my own techno-babble, but I would like to discuss a few of the features that make a site accessible or inaccessible. I'll concentrate on the underlying principles.

If I had Harry Potter's magic wand, I'd cast a spell on the Web so that all graphics would get meaningful text labels. With one wave of the wand, I could eliminate the vast majority of the accessibility problems on web pages. Having links as pictures or images might look nice, but if you can't see the picture, then you don't know what you're clicking on. And it is very easy to add a text label to a graphics image. For example, it's easy to add a text label to an image of an Australian flag that reads "Australian Flag".

The other day I was looking at a website where I could buy an Ipod accessory for my daughter's birthday. Very few of the image links had text labels. my screen-reading software reported that I could click on links with names like "menur1c2", "menur2cbled". A sighted person can see the symbols or graphics explaining the purpose of these links, but because there were no text labels, this site remains fairly inaccessible to me. The good news, though, is that problems such as this are generally very easy to fix, when once the web developer decides to do so.

Which leads me to the next principle, which I've actually touched on earlier. Unless we have a magic wand, web accessibility doesn't just happen: it has to be woven or spun into the design of the website. You won't get an accessible website just by thinking about it. In particular, you won't get an accessible web site just by using web creation software and hoping for the best. Fortunately, the Worldwide Web Consortium's Web Content Accessibility Standards are comprehensive and easily available for all web designers.

Point number three: usability testing must include accessibility testing. In fact, you really can't separate the two. Even experts in the design of accessible web pages use testing procedures. We don't build a new car without having it tested before it is released to the public, and if you're going to test a car, then it makes sense to have someone drive it. If you're going to test a new brand of cat vitamins, then it makes sense to test it at some stage on a cat rather than, for example, a web accessibility presenter.

The best way of testing a new website to make sure it is accessible is to involve some people with disabilities to see if they can actually use it. I know of many examples where organisations thought they were getting an accessible site, but they never actually checked, and they were rather surprised when they found themselves the subject of DDA complaints on the basis that their sites were inaccessible. There are some useful software tools for testing the accessibility of a web page. In fact, such tools will usually pick up many of the most common design flaws, such as the lack of text labels on images. And, of course, there are valuable and well-constructed accessibility checklists, such as Vision Australia's "Ten Tips for an Accessible Website". But it's important to remember that these valuable tools are not a substitute for human testers. Rather, they assist both developers and testers in spinning an accessible web.

There are two basic components to a website: the navigation around the pages, and the content that is contained on the site. There's little value in a site whose navigation is accessible, but whose content isn't. Although there have been some DDA complaints about the inaccessibility of the navigational aspects of websites (no text labels, inaccessible Javascript, and so on) more have focussed on the inaccessibility of content and, in particular, with the inaccessibility of content published in the PDF format.

Adobe's Portable Document Format (PDF) has become widely used for making documents available on web pages. Despite considerable work done by Adobe, most accessibility experts around the world agree that PDF remains a relatively inaccessible format to people who are blind or vision-impaired. Software exists to provide some access to the text of some PDF documents, but for a PDF document to be accessible to this software, it must be prepared in accordance with the guidelines that Adobe have developed. Even when these guidelines are carefully followed, the resulting document will only be accessible to those people who have the required software and the skills to use it. Many blind or vision-impaired people do not have the financial freedom to spend the $1000 to typically required to upgrade their screen-reader software to take advantage of the latest accessibility features. Requiring a user to upgrade to this extent in order to read a standard document is like designing web content presentation in such a way that most people will have to buy a new computer in order to read it. in any case, some of the PDA's used by blind people have no facilities for accessing PDF files.

It's disturbing that some basic information such as government discussion papers and service usage guidelines is still being published only in PDF format, because what this means is that members of the community who have a disability are being denied access to resources that other Australians take for granted.

OK, it's time for a quiz. Some time ago I received a copy of an upcoming flight itinerary and E-ticket receipt as a PDF file. I opened it in Adobe Acrobat 6 using the latest version of my screen-reading software. I'm going to read you what I read, and then I'll be asking you some questions.

"We recommend that you also retain a copy for your records. International passengers will need this information for Immigration, Customs, Airport Security checks and Duty Free purchases. Thank you for choosing to fly with us and we hope you enjoy your trip.

Your Booking Reference Your Details

Customer Name Frequent Flyer Number

Your Itinerary

Date Flight Number Departing Arriving Status Check-In

Fare Restrictions

Your Receipt Payment Type

Fare Payment Type E-Ticket Number

TaxesstCharges Amount

GST Date Date Issued

FarestTax Total

Airport Levy Issued by

Total Price Total Balance

E-Ticket Itinerary, Receipt and Tax Invoice

Mr Graeme Innes QF 0222489 Frequent Flyer Platinum

02 Sep 2004 QF0433 Sydney

1230

Terminal 3

Domestic

Melbourne

1400

02 Sep 2004

Terminal QF

Economy

Confirmed

Quickcheck self service kiosks are available at Sydney, Melbourne, Brisbane and Canberra domestic airports

$101,00

$25,17

$12,62

$138,79

$0,00

Mastercard

$138,79

26 Aug 2004

$138,79 AUD $138,79 AUD

081 2433853004

26 Aug 2004

023 99541

Right: I hope you were paying attention, because here's the quiz. Question 1: Where was I going, and when? Question 2: What was the amount of GST included in the cost? Question 3: What was the total balance of my account?

When this PDF file is printed, there is a neat table with all the information set out in rows and columns so that it is easy to interpret. But I could make almost no sense of it, and I certainly wouldn't be able to rely on it if, for example, I wanted to dispute the amount of taxes I was charged, or even to find out what my E-ticket number was.

The Commission's view is that organisations who distribute content only in PDF format, and who do not also make this content available in another format such as RTF, HTML, or plain text, are liable for complaints under the DDA. Where an alternative file format is provided, care should be taken to ensure that it is the same version of the content as the PDF version, and that it is viewable or downloadable by the user as a single document, just as the PDF version is downloaded as a single file. This last point is important: sometimes we come across documents that have been coded in HTML, but each page or section or subsection is a different link, so if you want to read the entire document offline (which is what you want to do most of the time) then you have to download it in pieces, and often there are fifty or more pieces to download. This makes it very difficult to use and digest the document.

We do need to recognise, however, that not all content can be made accessible online to people who are blind or vision-impaired. The use of coding strategies such as the "longdesc" tag does provide a way for web designers and content managers to make charts and other graphical information accessible, but there will still be situations where no adequate alternative exists. Organisations that need to make such pictorial content available must therefore develop strategies for making it accessible, for example, by using qualified contractors to produce tactual maps and diagrams on request. The most effective and efficient way of doing this is by incorporating accessibility issues into overall web content management.

The final principle I want to mention is in many ways the most important: organisations need to provide clear mechanisms for people to provide feedback if they encounter accessibility issues, and they must ensure that problems are handled quickly and sensitively. Most people with a disability would prefer to resolve accessibility concerns through informal and friendly discussion, but they don't expect to have to jump through hoops to find the appropriate person to contact. Organisations that are keen to make their websites accessible often include an Accessibility link clearly displayed on the front page. Following this link will lead to contact information, including an email address and a telephone number for a specific person (not just the organisation's main switchboard). Strategies such as this make it much more likely that problems can be identified and resolved informally, and, if a DDA complaint is lodged, then the organisation will be able to demonstrate its commitment to accessibility and the objects of the DDA.

For the past several years, the Commission has maintained its Web Accessibility Advisory Notes, which provide information and guidance to web developers and managers about how to meet their responsibilities under the DDA. These notes were last revised in 2002, and I will be updating them again once version 2 of the W3C guidelines are released. I anticipate that new sections will be added covering such topics as web-based applications and interfaces, security and web accessibility, and anti-robot tests (of the type I encountered on the Neopets site). The Notes are on our website, and I strongly encourage you to read them if you are in any way connected with the development, management, or use of websites.

Whenever we design a website, or deliver information, we have a choice. We can choose to remove discrimination, or we can allow discrimination to take an even firmer grip on society. I urge you, as you design or administer websites, develop content, or evaluate performance, to remember that choice- 20 % of your customers will thank you for it.