Communication: Law and Policy

HISTORY

Before the Enlightenment, philosophy and unwritten social policy often excluded individuals with communication disabilities. Plato and Aristotle believed that speech was audible thought. People with communication disabilities were often considered incapable of thought or learning and were not viewed as intelligent human beings. During the Middle Ages, participation in religious and civic life was often denied to people with communication disabilities. The notion that communication, intelligence, and humanity were interdependent remained prevalent well into the sixteenth century, when academics began to challenge earlier philosophical ideas. In the twentieth century, many countries passed legislation that specifically addresses the need for governments, businesses, and institutions to communicate effectively with citizens regardless of disability.

COMMUNICATION LAW

The Americans with Disabilities Act (ADA) of 1990 and the Disability Discrimination Act (DDA) of 1995 require public entities and businesses to provide effective communication to individuals with disabilities. The ADA covers the United States and the DDA covers the United Kingdom; many similar laws exist in other countries. Methods to ensure effective communication are wide in scope and may require the use of auxiliary aids and services. Braille and large-print publications may be forms of effective communication for a visually impaired person trying to access written information. A transaction involving a deaf person may require the provision of an American Sign Language interpreter. A person with a mobility [Page 283]impairment might have difficulty operating an ATM machine and may require the services of a bank employee to complete a transaction. The entity providing the service is responsible for costs incurred in providing auxiliary aids or services, and the form of communication used needs to be appropriate to the context and needs of the person with a disability.

In the United States, additional provisions regulating communication are found in Title IV of the ADA. Title IV mandated that nationwide telecommunication systems be accessible to persons with speech or hearing disabilities. Telecom carriers in each state were required by the Federal Communications Commission (FCC) to provide telecommunication relay services by July 26, 1993. The Telecommunications Relay Service (TRS) allows a person using a text telephone or nonvoice device to converse with someone using a voice telephone; an operator acts as a neutral relay between the two parties. On March 1, 2001, the FCC expanded the TRS to include service in Spanish, and speech-to-speech (STS) relay. Using STS relay, a person with a speech disability can have his or her voice relayed to the other person on the phone by a trained communications assistant. Services such as STS are also available in Australia and Sweden, and many TRS services are available through the Internet for individuals who do not own specialized telephony equipment.

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