Re: FN-FORUM: background music

date posted 15th February 2007 23:19

From: "Gary Short" [EMAIL REMOVED]

> Alex Libby wrote:
> > So I take it that you have not heard of the Disability Discrimination
Act
> > then?
>
> Yes I have.
>
> Check out
> >
http://www.webcredible.co.uk/user-friendly-resources/web-accessibility/uk-we
> > bsite-legal-requirements.shtml - it states that web sites must not
> > discriminate against people with disabilities;
>
> No it doesn't.

I can understand a lot of what Gary says. Also, agree with his sentiments.
On the issue of DDA law though I set out relevant legislation. Any person
living in Scotland should take a little more care than their English
brothers and sisters due to the nature of the Romanic law practised there.
Also, a person suing can arrest funds at a Scottish bank account in
protection of their claim.

In general, the DDA DOES allow that website service providers and the
services provided on websites must not disciminate. It does so by reference
to legislative provision of a list of exceptions, of which websites and
website based services are not included. Particularly note section 19(3).
The Act is cast broadly but without any shaddow of a doubt websites and
website bases services are not only directly included, but also included as
a matter of communication.

Grateful thanks to those with overall responsibility for Crown Copyrights
when allowing me to reproduce the extract from
http://www.opsi.gov.uk/acts/acts1995/1995050.htm as set out below. Yes,
yes - I know I didn't ask but thanks anyway - it's for the well intended and
good cause of assisting disabled people and promote obeisance to the Act
reproduced.

Relevant parts...

DISCRIMINATION IN OTHER AREAS
19. - (1) It is unlawful for a provider of services to discriminate against
a disabled person-
(a) in refusing to provide, or deliberately not providing, to the
disabled person any service which he provides, or is prepared to provide, to
members of the public;
(c) in the standard of service which he provides to the disabled
person or the manner in which he provides it to him; or
(d) in the terms on which he provides a service to the disabled
person.
(2) For the purposes of this section and sections 20 and 21-
(a) the provision of services includes the provision of any goods
or facilities;
(b) a person is "a provider of services" if he is concerned with
the provision, in the United Kingdom, of services to the public or to a
section of the public; and
(c) it is irrelevant whether a service is provided on payment or
without payment.
(3) The following are examples of services to which this section and
sections 20 and 21 apply-
(a) access to and use of any place which members of the public are
permitted to enter;
(b) access to and use of means of communication;
(c) access to and use of information services;
(e) facilities by way of banking or insurance or for grants, loans,
credit or finance;
(f) facilities for entertainment, recreation or refreshment;
(h) the services of any profession or trade, or any local or other
public authority.
20. - (1) For the purposes of section 19, a provider of services
discriminates against a disabled person if-
(a) for a reason which relates to the disabled person's disability,
he treats him less favourably than he treats or would treat others to whom
that reason does not or would not apply; and
(b) he cannot show that the treatment in question is justified.
(3) For the purposes of this section, treatment is justified only
if-
(a) in the opinion of the provider of services, one or more of the
conditions mentioned in subsection (4) are satisfied; and
(b) it is reasonable, in all the circumstances of the case, for him
to hold that opinion.
(4) The conditions are that-
(c) in a case falling within section 19(1)(a), the treatment is
necessary because the provider of services would otherwise be unable to
provide the service to members of the public;
(e) in a case falling within section 19(1)(d), the difference in
the terms on which the service is provided to the disabled person and those
on which it is provided to other members of the public reflects the greater
cost to the provider of services in providing the service to the disabled
person.

Notice throughout that the burden of proof is on the supplier, a type of
guilty until proven innocent legislation. Formal advice should be sought
directly from a practising member of the legal profession - AKA a suitably
overpriced local lawyer who will probably fail to mention they are not an
expert on the above legislation.

HTH...

Mike A.