Given that the use of the internet plays a considerable role in our lives and many services are provided via online platforms, the legislature has enacted Regulations obliging access to internet sites by those with handicaps. As we reported last summer in our previous newsletter, Regulations the Equal Rights for Handicapped Persons (Adaption of Internet Access) Regulations, 2013 (the "Access Regulations"), which were enacted pursuant to the Equal Rights for Handicapped Persons Law 1998, provide – inter alia – for the obligation to provide access to internet services to various groups within the population.
On September 5, 2017, our office participated in a discussion which was conducted at the Labor, Welfare and Health Committee of the Knesset concerning an amendment to the Access Regulations. This discussion considered the burden imposed on suppliers of public services in providing access to internet services. The new Regulations provide different alleviations, including taking into account the size of the business which is required to provide internet access (such as the business turnover and/or the number of participants). Alongside the alleviations, the Regulations currently contain provisions for access to internet sites and also refer expressly to access to applications for cellular devices and tablets as well as referring for the first time to access to video contents.
The amendment to the Access Regulations, which has been approved, entered into force on October 26, 2017 and the main points thereof are:
Documents:
As from the date of entry into force of the Amendment there is an obligation to provide access to documents which have been uploaded to the internet site, such as pdf documents, according to the internet access standard (Israeli standard 5568). In a situation where there is no standard – access should be provided according to the existing possibilities of the software program on which the document was prepared. The obligation applies to documents which were prepared after October 25, 2017.
Documents which can be completed over the Computer:
There is an obligation to provide access to forms which can be completed over the computer (such that there is no need to print them and complete them manually, namely, online forms), provided that they are used for the receipt of services, even if they were created before October 26, 2017. There is also an obligation to provide access to explanatory documents for the forms which are to be completed over the computer, where these explanatory documents are created after October 26, 2017.
Applications for cellular telephone and tablet devices:
There is an obligation to give access to applications for cellular telephones and tablet devices according to the Israeli standard for that purpose, where such standard exists. Where there is no such standard, the access is to be provided according to relevant guidelines of the operation system and in case of more than one system, those of the more actively used system.
Video Contents:
There is an exemption from providing access to video contents for persons which are not public authorities or those who have an annual business turnover of less than New Israeli Shekels 5 million, although it is necessary to provide information concerning the services which are given by the video contents whether in an accessible text or recording. The obligation to provide the said information does not apply to videos of conference discussions or lectures, in respect of which it is sufficient to publish the content of what was said in an accessible manner.
Declaration of Accessibility and Accessibility Coordinator:
According to the Regulations, there is an obligation to publish on a prominent place in the site and application which operates the site, if the same exists, a declaration of accessibility detailing the accessibility adaptions made to it and also the details of the accessibility coordinator (the latter having been appointed according to the law) – all as required under the internet accessibility standard.
Main Exemptions from Accessibility
Document with Personal Information:
There is a temporary exemption (until December 31, 2021) from accessibility to a document containing personal information of the recipient of the services, which were given when entering the site for identification purposes. The entity obligated to provide accessibility to the site will provide the applicant with the document, upon application, in an accessible manner within no more than 14 days. It is necessary to enable access to the said application via the site.
Exemptions due to Economic Reasons:
There is a full exemption to an 'exempt business' or to a business with an annual turnover of less than New Israeli Shekels 100,000, from providing accessibility to internet services, whether they are provided before October 26, 2017 (existing internet services) or after that date (new internet services). A temporary exemption is available to businesses with an annual turnover of between New Israeli Shekels 100,000 – 300,000 until October 26, 2020 from providing accessibility to existing and new internet services. It is possible to renew this exemption each three years according to conditions as set forth in the Regulations.
There is also an exemption for three years for a business with an annual turnover of up to New Israeli Shekels 1,000,000 on conditions as set forth in the Regulations.
Advertising:
There is an exemption from accessibility to advertisements on internet sites, subject to publication of alternative information about the services mentioned in the advertisements.
Note: there is no need to approach the Commission in order to receive the exemptions mentioned above, unless the Regulations provide otherwise.
The links to the notices which were published on this matter on the site of the Commission of Equal Rights for Handicapped Persons are as follows:
http://www.justice.gov.il/Units/NetzivutShivyon/publications/news/Pages/Internet-Regulations-Amended-SEP17.aspx
http://www.justice.gov.il/Units/NetzivutShivyon/publications/news/Pages/Internet-Amendment-Principles-OCT17.aspx
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