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Around the world, December 3 is observed as the International Day of Persons with Disabilities. The United Nations has designated it as a day that “aims to promote the rights and well-being of persons with disabilities in all spheres of society and development, and to increase awareness about the situation of persons with disabilities in all aspects of political, social, economic and cultural. “The United Nations Convention on the Rights of Persons with Disabilities (CRPD), which was signed and ratified by India, outlines a tangible path to achieve this goal.
India enacted the Disabled Persons Rights Act in 2016 in accordance with its obligations under the CRPD. The law defines a person with a disability as “a person with a long-term physical, mental, intellectual or sensory disability that, in interaction with barriers, hinders their full and effective participation in society on equal terms with othersAnd it specifies a total of 21 physical, intellectual and mental disabilities, as well as disabilities due to chronic neurological conditions and blood disorders.
Among other things, the law calls for increased public awareness in an attempt to break down the stigma, discrimination and ostracism faced by people with disabilities. In recent years, there has been an increase in campaigns, largely digital, aimed at establishing a more inclusive society. While these should undoubtedly be encouraged, there are certain legal considerations that must be taken into account.
Web accessibility
Although this requirement is not yet incorporated into the law, it seems contradictory to have campaigns that the main beneficiaries do not have access to. However, web accessibility is still in its formative stages in India. The 2017 People with Disabilities Rights Rules require that all establishments (governmental and private) maintain a website that is accessible to people with disabilities. This mandate was scheduled to take effect on June 15, 2019, but to date, the Government has only published the standards for government websites and has not yet notified the standards applicable to private entity websites. In addition to meeting standards, website documents must be in a PDF format based on an electronic editor or an optical character reader that supports text-to-speech.
As a good practice, companies should move towards accessible websites. There are many resources online, especially the Web Content Accessibility Guidelines. If not entirely, companies can choose to incorporate at least some of the tools and tactics to make their websites more accessible.
It should also be noted that all organizations must have an Equal Opportunities Policy, which describes the measures that the organization has taken to implement the provisions of this law. Among other things, it must contain a statement verifying that it has the unhindered accessibility, facilities, services and assistive devices necessary for a person with a disability to perform their duties, making it an inclusive organization. This policy must be displayed on the company’s website or, if it does not have a website, in a conspicuous place within the premises.
Data Protection
The degree of data protection enforcement varies greatly depending on the nature of the campaign. If it is a fully social or programmatic campaign, the entity organizing the campaign gets access only to aggregated and anonymized data, which does not require a high level of compliance. If the campaign directs the user to a website where they need to register, however, it is much more onerous. The website should contain a detailed privacy policy, ideally optimized to be accessible to people with disabilities, describing the data that is collected, the purpose of its collection, with whom it will be shared and why, how it will be protected and how. the person can withdraw their consent to the collection, processing and storage of such data. Given the sensitive nature of data, robust security systems must be implemented.
Community Principles
Social media has become synonymous with freedom of expression, which has made it a catalyst for change. In recent years alone, a number of movements have been carried out and amplified via the Internet. However, most platforms have strict policies that specify the type of content allowed and prohibited on the platform. Most policies unequivocally avoid any type of content that may be considered or promotes bullying and harassment, hate speech or discrimination against protected classes, including people with disabilities. Content that could be considered a trigger is also generally discouraged. We recommend following the community guidelines of the relevant platform and adapting the content to ensure that it does not infringe or promote violations, as this may decrease the reach of the post.
Content targeting
While targeting a campaign specifically to relevant stakeholders is one of the biggest USPs of digital campaigns, there are certain restrictions that would get in the way of a campaign with people with disabilities as your target group.
Google (and YouTube) policy states that “Advertisers may not use personal hardship categories to target ads to users or to promote advertisers’ products or services.And he clarifies that this includes disabilities, even when the content is oriented towards the user’s primary caregiver.
Similarly, Facebook policy states that “Ads must not contain content that asserts or implies personal attributes. This includes direct or indirect statements or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, status. ballot, union membership, criminal record, or name. “
Unintended consequences of the comment section
The comment section for posts on social justice issues like disability is often filled with a great deal of compassion, with complete strangers joining in on your struggles and experiences. While fostering a strong sense of community is an aspiration, it is not without risks. The most obvious is the high probability that hate speech will emerge: which is not only undesirable on a human level, but also a violation of the platform’s policies and the law. Second, it results in the somewhat inadvertent collection and sharing of highly sensitive personal data, which can be misused by anyone to discriminate against people with disabilities. While these issues may not have direct legal ramifications for the campaign or poster organizer specifically, they are highly undesirable. We recommend seriously considering the pros and cons of keeping the comment section disabled (no pun intended).
Testimonials
Great caution should be exercised when using testimonials from people with disabilities, their family members, friends or caregivers, or the medical and health-related professions. Waivers must be obtained, in writing, before using such content. Personal information of persons with disabilities should not be disclosed unless their explicit consent has been given, and even then it should be avoided. When collaborating with related physicians or healthcare professionals, ensure that the content is not positioned as medical advice, a diagnosis, or a tool for self-diagnosis. Encourage viewers to seek professional help if necessary. The most important thing is to make sure that people with disabilities do not look bad.
conclusion
To conclude, it would not be pragmatic not to use the platforms we have access to today to raise awareness about the many problems that plague society and work for a better tomorrow. However, be careful when doing so to avoid inadvertently breaking the law.
