Proposed policy pillars

In order to achieve the desired outcomes, e-accessibility policy must cover the following five pillars:

Executive authority
Legislature
Civil society organizations representing persons with disabilities of all ages
Media
Private sector

The executive authority has the power to adopt policies to govern how public institutions operate. At the national level, policy adoption is one of the most effective ways of promoting e-accessibility, particularly given that – in contrast to legislation – policies adopted by the executive authority can be flexible and can impact the entire public sector, and even the private sector when accompanied by appropriate government legislation. Of course, each government formulates and implements policies as it sees fit, by appointing a supervisory body (such as a telecom regulatory authority, ministry for information and communications technologies, or ministry of social affairs) to implement the policy. Some governments take a “whole-of-government” approach to e-accessibility, whereby each public institution (ministry, agency or department) is responsible for implementing e-accessibility requirements within their own service area, and the implementation plan is overseen by a single senior authority.

As is well known, the executive authority does not pass laws and cannot impose criminal or quasi-criminal penalties as part of a national policy to guarantee its implementation; a policy can only be implemented if the executive authority has the relevant mandate. The executive authority, therefore, has limited ability to influence any party that is not directly under its authority, such as private companies or non-governmental organizations (NGOs), and can only enforce compliance in government sectors and in companies that are either mixed public-private entities or report to the public sector.

The executive authority should, therefore, design national e-accessibility policies based on related legislation, to maximize its ability to enforce stakeholder compliance.

Legislature is responsible for passing laws, which can evidently cover a broad range of actors including the executive authority, NGOs and the private sector, and can include compliance mechanisms that the Executive can use to enforce implementation of e-accessibility policies. However, laws need to be promulgated by legislative assemblies, which can take time, and can only be amended through specific procedures, making them less flexible than policies. Laws on e-accessibility should, therefore, have enough flexibility built in to allow national policymakers some leeway when setting, amending and enhancing national policies.

In addition, e-accessibility laws should take account of related domestic legislation and international agreements, and the executive authority should adopt both international and national e-accessibility standards.

Treating civil society organizations that represent persons with disabilities as key partners in national policymaking helps strengthen e-accessibility policy in various ways. Firstly, it ensures that the genuine needs of persons with disabilities are taken into account based on hands-on experience. Secondly, when e-accessibility policies are being implemented, NGOs provide community support and are able to integrate e-accessibility concepts and practices in the private sector in a more agile manner than through executive adoption of laws and mechanisms. Thirdly, NGOs are well placed to gather expertise on specific issues affecting local communities, which can then be used to support other population groups (such as women, children and individuals from disadvantaged backgrounds) and incorporated into e-accessibility objectives, based on the “leave no one behind” principle.

The ability of the media to convey messages to the general public sets them apart from other types of authority. Media outlets play a key role in achieving and documenting progress in the area of e-accessibility, helping to increase the number of users with disability and meet national policy objectives by improving accessibility outcomes. The media achieve this by transmitting information, collecting comments and opinions from users with disabilities and opening up communication channels to promote continuous improvement of the services.

The private sector has a vital role to play in national e-accessibility policy implementation. It should be noted, however, that in the majority of examples in our comparison, small businesses were exempt from the requirements because of potential financial constraints, whereas compliance was mandatory for large and medium enterprises, including, but not limited to, all entities, institutions and companies that provide financial services (such as banks), health services, education, qualifications and training (such as universities, schools and training centres), transport, or consumer services (such as online shopping). E-accessibility policies also apply to services supplied through public-private partnerships, and by the private sector via the public sector or through public channels, whether in person or virtually.

The private sector should be given sufficient time to bring its services in line with national e-accessibility policies, so as to avoid a situation where accessibility requirements – which can be costly – are pitted against the private sector and viewed as a financial burden. Media support for national e-accessibility policy and the involvement of (locally-based) NGOs undoubtedly help to accelerate the adoption of e-accessibility concepts by the private sector.

In general terms, and in the United States in particular, private-sector adoption of e-accessibility has tended to be a gradual process. In some cases, e-accessibility represents a promising market that allows companies to reach new client bases (such as persons with disabilities) that have sufficient critical mass to justify the additional cost of making websites and mobile services partially or fully compliant with e-accessibility standards. The introduction of e-accessibility standards also benefits elderly clients, a category of consumers that cannot be ignored in either economic or social terms.

The private sector undeniably plays a key role in incorporating e-accessibility policies into economic and educational life, as well as into content creation, given that most content (for both business and leisure) is produced by the private sector.