Fines for ‘inaccessible’ government websites

Public service entities whose online platforms are not inclusive for all users, particularly those with some form of disability, could be liable to fines of up to €20,000 under new regulations published last month.

The new rules implement an EU directive on public sector website accessibility.

“It doesn’t really cross anyone’s mind until they’ve been told about it. Some aspects hadn’t even occurred to me before,” disability rights commissioner Oliver Scicluna told MaltaToday, on the issue of accessible websites.

While physical accessibility – such as the need for ramps to doorways for government offices – might be obvious to many, the need for captioned videos for those with hearing difficulties, or text-readers for the visually impaired might not yet be as obvious. Indeed, as society becomes more sensitised to the physical accessibility, it is the accessibility of websites and apps that is the less discussed subject.

“We’re talking about colour-contrast on websites, font enlargement options, and speech engines which are all examples,” Scicluna says, listing examples of how websites should become better attuned for the disabled.

Currently, some 19,000 people are registered with the Commission for the Rights of Persons with a Disability (CPRD) as having some form of disability – roughly 4% of the population – and as services increasingly migrate to the digital space, ensuring that they are accessible becomes more of a priority.  

Moreover, individuals like the elderly might not be registered as having a disability, but would also benefit from clearer and easier-to-use websites.

While Scicluna says the commission did not often receive complaints about website accessibility, such cases are not unheard of. He mentioned complaints regarding one Maltese app in particular which was not accessible for blind people.

He noted that in recent years an increasing number of public services were being made available online, and that the government was well aware of the need for more accessibility. “I’m not very worried because there is a strong commitment by the government in this regard,” Scicluna said.

Now under the new regulations, public sector digital platforms will be required to be “perceivable, operable, understandable and robust” to everyone wishing to use them.

They will apply to all government websites as of September this year, and will be extended to government apps from June 2021.

Scicluna said the CPRD was working closely with both the Malta Communications Authority and the Foundation for Information Technology Accessibility (FITA), which will be carrying regular audits of public service websites, on the basis of which the MCA will then issue a rating.

He said that the plan is to audit all government websites over a period of three years.

Websites of platforms that are not compliant and which are reported to the CPRD will be passed on to the MCA, which, in turn, will communicate with the respective ministry or entity in order for any issues to be addressed.

Scicluna said he hoped that the regulations would eventually lead to more awareness about website accessibility and would lead to the private sector also conforming to the same standards.