Jakob Rosen, a prominent member of Estonia's blind community, remembers browsing a sports club's website with the help of a voice program that read a description of the text and images displayed on the screen.
Rosen listened to a screen reader, a tool that helps him see an online list of upcoming events at the club. However, he was confused when the voice described the toilet as he passed the timeline. It was later discovered that it was the image of bullet points used in the menu that led to the error.
He told the club, which has installed artificial intelligence-based software on its website that automatically generates image descriptions for screen readers, about the voucher. Rosen said the club had “no idea” that the software, which was set up without any manual intervention, was so unreliable.
However, misreading is not unusual and exposes vulnerabilities in AI-generated software that many believe still need fine-tuning.
In fact, such errors have sparked greater backlash around the world, with a rising number of lawsuits over poor accessibility of websites for people with disabilities.
This story was produced in partnership with the Pulitzer Center's Artificial Intelligence Accountability Network
In the United States, for example, lawsuits against companies' poor compliance with accessibility regulations have increased each year to more than 4,500 cases in 2023, data from UsableNet showed. This is 13 percent more than in 2022.
More than 900 companies, including US department store JCPenney and luxury fashion brand Prabal Gurung, last year faced legal action from individuals over allegations of allegedly failing to provide equal digital access to people with disabilities in violation of the Americans with Disabilities Act.
You are viewing a snapshot of an interactive graphic. This is most likely due to being offline or having JavaScript disabled in your browser.
The measures came as hundreds of thousands of companies around the world — as many as 360,000, according to a Financial Times analysis of website data from internet research firm BuildWith — have turned to AI-powered tools to comply with rules meant to ensure they operate. People with disabilities such as blindness can surf the Internet easily.
At least 45 countries have some government policies related to Internet access. This could mean providing image descriptions for blind users, removing epilepsy-inducing animations and presenting content in a way that assistive technologies, such as screen readers, can understand.
However, companies that rely on access token assistants and “overlays” — software that transforms a website so it can be understood by assistive technologies — appear to have opened themselves up to more responsibilities because the tools still need improvement.
You are viewing a snapshot of an interactive graphic. This is most likely due to being offline or having JavaScript disabled in your browser.
Software companies have begun pushing AI-based products to comply with European legislation that will come into effect in June 2025, say several companies that offer their clients a personalized service, rather than an automated one, to create more compliant websites.
Many software companies promoting AI say that a single line of code will be enough to ensure compliance. These overlays are displayed on sites as diverse as Mexican state oil company Pemex, LVMH and London-listed outsourcing group Capita.
But there are questions about this claim, with the European Union, for example, warning last year that companies cannot rely solely on AI to be compliant.
“Claims that a website can be made fully compliant without manual intervention are not realistic,” Brussels stated in a guide for European developers.
Some overlays features may help those who want to customize their digital experiences. However, disability advocates say these software companies make promises they can't keep.
You are viewing a snapshot of an interactive graphic. This is most likely due to being offline or having JavaScript disabled in your browser.
When they say “they will save you from prosecution or”. [that they’re] “If we're going to fix accessibility 100 percent, this is where it all breaks down,” said Leonie Watson, who is blind and co-founded TetraLogical, a consulting firm that creates custom accessibility solutions for its clients.
Blind users often say that overlays can make browsing websites more difficult or that they interfere with assistive technology.
Rosen said the EqualWeb overlay for Inditex-owned fashion retailer Zara slowed down the online experience for a screen reader user, for example, when engaging with social media links.
“The product is not ready,” added Rosen, who founded his own accessibility consulting firm and heads the Estonian Federation of the Blind, an organization based in the Baltic country that advocates for visually impaired and blind people.
Anat Cohen, vice president of business development at EqualWeb, said the issue on Zara's website is not related to accessibility technology but “stems from the structural design of the site.”
“EqualWeb does not manage the website architecture, but ensuring it is accessible is our responsibility,” she added.
Mark Riccobono, president of the National Federation of the Blind in the United States, said that although lawsuits are needed to protect the rights of people with disabilities, his association is trying to work with companies to improve their digital products first.
You are viewing a snapshot of an interactive graphic. This is most likely due to being offline or having JavaScript disabled in your browser.
In addition to overlays, some companies are promoting AI “software assistants.” These tools aim to help developers by providing compatible code that they can copy or pointing out errors in existing code. But accessibility advocates have criticized the quality of these products as well.
Progress is likely to occur as artificial intelligence technologies improve. Meanwhile, many companies seen as having good reputations among disability advocates are aiming to be more transparent about the limitations imposed by AI.
Level Access, an accessibility company, has acquired UserWay, an overlay maker. Its founder and CEO Timothy Springer addressed some of the criticism of UserWay's technology and promised accuracy and transparency in Level Access's marketing.
“We don't expect AI to fix all accessibility issues in the foreseeable future,” Springer said, adding that he recognizes its limitations. “However, we are optimistic about the potential of AI” in enhancing “accessibility of digital content as part of a broader integrated approach.”
“We still have a lot of disadvantages,” Rosen added. “Maybe one day we will have artificial intelligence that can help us and can fix many problems, but certainly not today.”
Meanwhile, Rosen helped the Estonian sports club fix a software issue on its website that had greatly confused it. She chose not to use artificial intelligence.
