1. On New Media Content Presentation
Legal and Practical Implications of the Federal Disability Discrimination Act
On New Media Content Presentation

2. DDA – Legal Considerations
Legal obligations exist in respect of new media content presentation
Human Rights and Equal Opp. Comm. (HREOC) issued an advisory note to provide guidance to public – note endorsed W3C Web Content Accessibility Guidelines
W3C Web Content Accessibility Guidelines – Priority 1,2 and 3 – must, should, would be nice
W3C are practical standards that assist government and business in conveying information to people suffering disabilities
Aim to be “AAA” but what is really required?

3. DDA – Legal Considerations
Maguire v SOCOG – Inaccessible Olympic ticket site
$20,000 fine
Subjective Test: what is sensible at the time given the existing technology?
Defence: “unjustifiable hardship”
Unjustifiable hardship considerations:
Who is the site designed to be used by? (who is your site demographic)
What benefits/services does the site provide?
How important is the information on the site?
What is the cost of W3C compliance?
What are the financial circumstances of website owner?

4. DDA – Legal Considerations
The “test” is dynamic – what was acceptable 1 year ago may now no longer be acceptable
Serious financial penalties looming – ie DDA supports class actions – clash actions can be costly and typically promote poor impression of company/govt department
What type or organisations are most ask risk of legal action:
Banks
Transport companies
Government agencies

5. Practical Consequences
Websites – Priority 1 Compliance?
Text equivalent for every non text element – pictures, buttons, sound, animations
Use of multimedia – auditory description
Documents to be read without style sheets
Conveyance of information by color (must also be conveyed without color)
How practical is this?
Artistic considerations – morale rights
Commercial considerations

6. Practical Consequences
New Media Content Issues:
How will W3C guidelines or equivalents impact on interactive TV?
Impact on Games – Playstation 2, X-box
DVD’s
The key to avoid any nasty issues is to take the time to be “aware” of the standards that a “reasonable prudent person” should take into account when creating new content for the “general public”