Guidelines on equal access to digital goods and services
Disability Rights
Contents
- About this document
- Executive Summary
- About the Guidelines
- The need for Guidelines
- Who should read these guidelines?
- Chapter 1: Legal and human rights obligations
- Chapter 2: How to provide equal access to digital goods and services
- Chapter 3: Standards and Guidelines on digital accessibility
- Further reading
About this document
This is an update of the Australian Human Rights Commission’s (the Commission) World Wide Web Access: Disability Discrimination Act Advisory Note ver 4.1 (2014). This update builds upon the previous versions of the Commission’s Advisory Note to reflect changes in technology, its role within society, as well as national and international standards and policies that define how technology provides equal access for people with disability.
These Guidelines are being issued under section 67(1)(k) of the Disability Discrimination Act 1992 (Cth) (the Disability Discrimination Act) and section 11(1)(n) of the Australian Human Rights Commission Act 1986 (Cth).
The Guidelines are not legally binding and should be read in conjunction
with the Disability Discrimination Act.
They have been prepared in consultation with advisory groups made up of technical subject matter experts, users, and disability representative organisations.
These guidelines are available to download:
Download Guidelines on equal access to digital goods and services as a PDF (3.6 MB)
Download Guidelines on equal access to digital goods and services in Word (4.8 MB)
Executive Summary
The Disability Discrimination Act 1992 (Cth) (Disability Discrimination Act) is a federal law that makes discrimination on the ground of disability unlawful in areas of public life. It aims to eliminate discrimination, as far as possible, against people with disability and to recognise that people with disability have the same fundamental rights as others.1
These Guidelines will assist organisations to meet their obligations under the Disability Discrimination Act when providing digital goods and services.
While the subject matter is by nature technical, effort has been made to lay out the requirements expected of organisations in simple terms. Links to detailed technical references are included.
Meeting the standards and guidelines discussed in this document will help organisations to meet their obligations under the Disability Discrimination Act. They are the minimum organisations should aim for. Best practice means that organisations should strive to avoid discrimination by ensuring they provide equal access to digital goods and services to everyone.
The Guidelines are organised into 3 Chapters:
- overview of the Disability Discrimination Act and how it applies to digital goods and services
- recommendations for organisations and business on how to provide equal access to digital goods and services
- standards and guidelines that apply in Australia.
About the Guidelines
The Australian Human Rights Commission (the Commission) has prepared the Guidelines in the exercise of its function under section 67(1)(k) of the Disability Discrimination Act.
The Guidelines are not legally binding and should be read in conjunction with the whole of the Disability Discrimination Act, and state and territory anti-discrimination laws. An organisation or individual may not be protected from a finding of unlawful discrimination if they claim that they conformed with, or relied on, the Guidelines. Organisations or individuals should seek their own independent legal advice if they have concerns regarding their compliance with the Disability Discrimination Act or with relevant state or territory anti-discrimination legislation.
However, in the view of the Commission, the Guidelines will help organisations act consistently with the Disability Discrimination Act.
The need for Guidelines
The use of digital technology is required to participate in almost every aspect of individual and community life. Technology now informs how we connect with family and friends, get an education, work, enjoy movies and music, cook a meal, seek medical services, access public services, manage personal finances, pay bills and shop.
The opportunity to take part in all aspects of everyday life on an equal basis with others can often depend on being able to access and use technology.
Most people will use a combination of digital and non-digital means to get things done. They might buy a product from an online shop and visit the same business in person. They might order groceries online but interact with a person when receiving the delivery or following up on a problem with the product.
Everyone has a right to be able to access goods and services. They have a legal right not to be discriminated against when they try to do so. This means that a person with disability should be able to complete the full task or enjoy the use of any good using technology that is readily available to them.
Examples
- A person with disability should be able to utilise all the online services offered by their financial institution, at all times when it is available to other customers. This includes multi-factor identification requirements, error messages and any particular requirements for transactions such as needing to speak to a call centre to release a term deposit.
- A person with disability should be able to complete an online purchase including understanding available products and options, delivery requirements, purchasing and receiving confirmation of purchase and updates on delivery progress.
Many people with disability face barriers when using digital technologies due to a lack of universal design. For example, many websites do not contain alternative text information for images or have poorly titled links that are required for navigation. This can make the website inaccessible for people who use screen readers. These barriers are often the result of ableist assumptions that influence decisions made when designing, developing and/or procuring digital goods and services. The impact of those decisions can exclude and discriminate against people with disability. This can mean a loss of independence and reduced participation in society, which in turn can lead to less choice and opportunity to fulfil other ambitions in life.
The availability of goods and services via the internet and other digital networks has the potential to provide equal access for people with disability, and to provide access more broadly, more economically and more quickly than is possible using other delivery methods. Equality of access to digital goods and services can enable autonomy and lifestyle choices. It also leads to greater equality of access to services such as health, education, employment and recreation. However, digital options do not always guarantee accessibility, nor does every new technology provide equal access by default.
Technology has evolved since the Disability Discrimination Act was introduced. The ways in which goods and services are accessed and developed has continued to change and we now predominantly operate in a digital environment. Accessibility standards have evolved as well. Irrespective of changes in technology, the fundamental questions under the Disability Discrimination Act are:
- Does the way in which the good or service is provided discriminate against people because of disability?
- What actions have been taken to eliminate discrimination?
These Guidelines will help to answer the above questions in the context of the provision of digital goods and services. They will assist by clarifying the requirements of the Disability Discrimination Act in this area and explain how compliance can be best achieved.
Who should read these guidelines?
This document is written for a broad audience. The key audience is people in organisations who have obligations under the Disability Discrimination Act to not discriminate against people because of disability when providing digital goods and services.
This includes:
- C-suite executives who are accountable for the quality of digital goods and services
- organisation leaders such as managers, principals, Boards / Directors
- creators of digital goods and services such as designers, developers, publishers and educators
- operators of user content hosts such as social media platforms
- suppliers or companies who build or sell digital goods and services
- procurers of digital goods and services such as procurement professionals
- employers who deploy digital technologies for use by staff
- digital accessibility practitioners
- ICT professionals and leaders
- compliance professionals - generalists and specialists such as those working in Data Privacy, Corporate Affairs, Information Security and Human Resources
- legal professionals working in or advising organisations.
The audience for these Guidelines also includes people with disability and their representative organisations, disability peak bodies, and advocates. The Guidelines will assist them with understanding and exercising their right to non-discrimination in the digital world.
Endnotes
[1] Disability Discrimination Act 1992 (Cth) s3.