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Disability and Information Technology

Disability and Information Technology A Comparative Study in Media Regulation

Author: Eliza Varney
Publisher: Cambridge University Press
ISBN: 9780521191616
Published In: April 2013
Format: Hardback , 306 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Disability and Information Technology examines the extent to which regulatory frameworks for information and communication technologies (ICTs) safeguard the rights of persons with disabilities as citizenship rights. It adopts a comparative approach focused on four case studies: Canada, the European Union, the United Kingdom and the United States. It focuses on the tension between social and economic values in the regulation of ICTs and calls for a regulatory approach based on a framework of principles that reflects citizenship values. The analysis identifies challenges encountered in the jurisdictions examined and points toward the rights-based approach advanced by the UN Convention on the Rights of Persons with Disabilities as a benchmark in protecting the rights of persons with disabilities to have equal access to information. The research draws on a wealth of resources, including legislation, cases, interviews, consultation documents and responses from organisations representing persons with disabilities.

• Discusses the right of persons with disabilities to access information as a citizenship right

• Adopts a comparative approach based on four case studies: Canada, the European Union, the United Kingdom and the United States

• Examines the extent to which the rights of persons with disabilities are protected in regulatory frameworks for the ICT sector

Acknowledgments	xiii
Abbreviations	xv
Table of Cases	xvii
Table of Legislation	xxi
1 The Regulation of ICTs for the Pursuit of Citizenship Rights	1
I. Introduction and Overview	1
II. A Framework of Principles for Regulating ICTs	6
A Regulatory Framework That Protects the Citizenship Rights of Persons with Disabilities	7
A Regulatory Framework Reliant on Active Regulatory Intervention to Eliminate Accessibility Barriers	15
A Regulatory Framework Focused on Tackling Social Barriers	19
A Regulatory Framework That Prioritizes the Interests of Citizens over Industry Interests	23
A Regulatory Framework That Promotes Universal Design	26
A Regulatory Framework That Involves Persons with Disabilities and Their Representative Organizations in Policy Making	36
III. Conclusions	38
2 Case Study: Canada	40
I. The Protection of the Rights of Persons with Disabilities in the Regulation of ICTs in Canada	40
The Canadian Charter of Rights and Freedoms	40
The Canadian Human Rights Act	46
The Broadcasting Act	51
The Telecommunications Act	52
CRTC Policies	55
II. Call for Increased Protection for the Rights of Persons with Disabilities in the Regulation of ICTs	71
III. Conclusions	83
3 Case Study: The European Union	86
I. The Protection of the Rights of Persons with Disabilities in the Regulation of ICTs in the European Union	87
The Equality Framework	87
The Audiovisual Media Services (AVMS) Directive	97
The Regulatory Framework for Electronic Communications	99
Soft-Law Instruments on E-Accessibility	113
II. Call for Increased Protection for the Rights of Persons with Disabilities in the Regulation of ICTs	116
III. Conclusions	126
4 Case Study: The United Kingdom	128
I. The Protection of the Rights of Persons with Disabilities in the Regulation of ICTs in the United Kingdom	128
The Equality Act	128
The Communications Act	142
II. Call for Increased Protection for the Rights of Persons with Disabilities in the Regulation of ICTs	158
III. Conclusions	165
5 Case Study: The United States of America	168
I. The Protection of the Rights of Persons with Disabilities in the Regulation of ICTs in the United States of America	168
The Americans with Disabilities Act	168
The Rehabilitation Act	179
The Communications Act	180
II. Call for Increased Protection for the Rights of Persons with Disabilities in the Regulation of ICTs	197
III. Conclusions	206
6 Lessons to Be Learned? Reflection on the Case Studies	208
I. Addressing Common Challenges in the Regulation of ICTs	209
An Increased Protection for the Citizenship Rights of Persons with Disabilities in the ICT Sector	211
Approaching Accessibility through a Human Rights Lens	217
A Move away from the Medical Definition of Disability in Favor of the Social Definition	224
A Move away from the Hierarchy of Disabilities in Favor of a Rights-Based Approach	230
An Increased Reliance on Active Regulatory Intervention to Eliminate Accessibility Barriers	234
A Move away from Retrofit Measures in Favor of Universal Design for ICT Products and Services	240
An Increased Level of Involvement by Persons with Disabilities and Their Representative Organizations in Policy Making	243
An Increased Level of International Cooperation for Eliminating Accessibility Barriers	250
II. Conclusions – Quo Vadis?	254
Bibliography	263
Index	283