Freedom of expression and opinion, and access to information
States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice as defined in Article 2 of the present Convention, including by:
(a) Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
(b) Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
(c) Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities;
(d) Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities;
(e) Recognising and promoting the use of sign languages. (Article 21)
Obligations
This article applies and extends the traditional right of freedom from interference with opinion and expression. Most significantly, it assimilates to these traditional freedoms the right of access to public information. State Parties are required to take all appropriate measures to ensure that persons with disability are able to find, receive and impart information on an equal basis with others through all forms of augmented and assisted communication. The right of freedom of opinion and expression is a civil and political right subject to the implementation standard of immediate realisation. Importantly, the article requires information in accessible formats to be made available in a timely manner (for example, at the same time as this information becomes available to others in regular formats), and without any additional cost. The article also requires State Parties to ensure that persons with disability are permitted and supported to use sign language, Braille, and alternative and augmented communications in their interactions with public officials. In fact, it calls upon State Parties to officially recognise and promote the use of sign languages. State Parties must also encourage private sector agencies that provide public information and services to ensure that they provide information in formats that are accessible to persons with disability. Finally, the article requires State Parties to encourage the mass media, and in particular, providers of information through the Internet, to make their services accessible to persons with disability.
Indicators
• Persons with disability enjoy freedom of expression on an equal basis with others.
• Persons with disability enjoy freedom of opinion on an equal basis with others.
• Persons with disability have freedom to seek, receive and impart information and ideas on an equal basis with others.
• Persons with disability are able to seek, receive and impart information and ideas through all forms of communication of their choice.
• Public information is available to persons with disability in accessible formats.
• Public information is accessible to persons who use assistive communication devices.
• Public information is made available in accessible formats in a timely manner and without additional cost.
• Alternative modes, means and formats of communication are accepted and facilitated in official interactions with persons with disability.
• Public information and services provided by the private sector are accessible to persons with disability.
• The mass media is accessible to persons with disability.
• The Internet is accessible to persons with disability.
• Australian Sign Language is officially recognised and its use is promoted.
Example
The right to freedom of expression and opinion, and access to information will be particularly relevant to people who through their work are involved in:
• Working with clients who are involved in expressing information through art, protest, publications, broadcasts, displays, busking, or with clients in detention or otherwise in the care or control of the government (who may have difficulty receiving information)
• Working with clients seeking information under Freedom of Information legislation