Can You Be Sued For Not Upgrading Your Browsers?
Posted by Brian Kelly (UK Web Focus) on 2 June 2008
A blog post on the Justin Thorp’s Oatmeal blog informs me that “all the major browsers are now doing something to support [WAI-ARIA]“. And I quickly find that the Paciello Group confirms IE 8′s support for ARIA: their blog posts describes the Microsoft’s announcement that “Internet Explorer 8 uses ARIA role, state, and property information to communicate with assistive technologies” as “amazing news in terms of WAI ARIA implementation!“.
The support for ARIA by mainstream browsers is clearly good news and, with the WCAG 2.0 guidelines now available as a Candidate Recommendation, it is now timely for institutions to begin planning how they will respond to these pleasing developments – especially for those in the educational sector who should be in the process of planning upgrades to their technlcal environment and corresponding policies, training, etc. during the summer vacation.
The simple response would be to suggest that institutions should migrate to the latest version of Firefox during the summer vacation (and note that the Firefox 3 Candidate Release was announced a few days ago). However when I suggested last year that Firefox was the researchers’ favourite application both Mark Sammons and Phil Wilson pointed out the difficulties of managing Firefox across the enterprise. And Mark has recently posted that the situation does not appear to have progressed significantly since then – indeed Mark, creator of the Firefox ADM enterprise administration tool in a post on The Firefox Enterprise Issue Hits the Media has argued that “the real problem with Firefox in the enterprise: Mozilla“.
But if Mark is correct and organisations are likely to find it difficult to manage the deployment and maintenance of Firefox across the enterprise at least IE 8 (and, also, I should add, Opera) are available which have support for the ARIA guidelines.
We also know that institutions have regarded support for WAI WCAG guidelines as important with many institutions making policy statements regarding their support for the guidelines. But as WAI have also regarded the WCAG guidelines as just one of a set of guidelines which need to be implemented in order to ensure that resources are widely accessible, surely it is clear that institutions should also be supporting the UAAG guidelines and ensure that the browsers deployed across the organisation support these guidelines. And surely that means upgrading to the latest version of IE, Firefox or, possibly, Opera.
Or to put it another way, if you fail to do this is your institution likely to be in breach of accessibility legislation which requires organisations to take reasonable measures to ensure that people with disabilities aren’t discriminated against unfairly?