Jakob Rosin, a prominent member of Estonia’s blind community, recalls browsing sports club websites with the help of audio software that read out descriptions of text and images displayed on the screen.
Rosin listens to a screen reader, a tool that helps him navigate the club’s online list of upcoming events. However, he was confused when the audio described a bathroom schedule. He later discovered that the bullet image used in the list was causing the error.
He told the club that it has installed artificial intelligence-driven software on its website that automatically creates image descriptions for screen readers. Rosin said the club had “no idea” that software installed without human intervention was so unreliable.
Such misleading readings are not uncommon, however, and expose weaknesses in AI-generated software that many believe still need fine-tuning.
In fact, such errors have sparked an even greater backlash around the world, with an increase in the number of lawsuits filed over poor accessibility of websites for people with disabilities.
This story was produced in partnership with the Pulitzer Center Artificial Intelligence Accountability Network
For example, UsableNet data shows that in the United States, lawsuits filed against companies for failing to comply with accessibility regulations are increasing year by year and will reach more than 4,500 cases by 2023. A 13% increase from 2022.
Last year, more than 900 companies, including US department store JCPenney and luxury fashion brand Prabal Gurung, faced individual legal action for allegedly failing to provide equal digital access to people with disabilities, in violation of the Americans with Disabilities Act.
The actions come as hundreds of thousands of companies around the world — as many as 360,000, according to a Financial Times analysis of data from internet research firm BuiltWith — have turned to AI-driven tools to comply with regulations aimed at Make sure these rules follow the rules. People with disabilities such as blindness can also browse the internet easily.
At least 45 countries have some government policy related to Internet access. This could mean providing image descriptions for blind users, removing epilepsy-triggering animations, and serving content in a way that assistive technologies like screen readers can understand.
However, those businesses that rely on accessibility code assistants and “overlays” (software used to transform websites so they can be understood by assistive technologies) appear to have faced more liability, as these tools still need improvement.
Software companies have begun pushing AI-driven products to comply with European legislation that takes effect in June 2025, according to several businesses that provide clients with customized services (rather than automated services) to create more compliant websites.
Many software companies promoting artificial intelligence say a single line of code is enough to ensure compliance. The overlays appear on websites as diverse as Mexican state oil company Pemex, LVMH and London-listed outsourcing group Capita.
But there are doubts about this statement, such as the European Union warning last year that companies cannot rely solely on artificial intelligence to achieve compliance.
“It is unrealistic to claim that a website will be fully compliant without human intervention,” Brussels said in guidelines for European developers.
Some features of the overlay may help those who want to customize their digital experience. However, disability rights advocates say these software companies make promises they cannot keep.
When they say “They will protect you from prosecution or [that they’re] Léonie Watson, who is blind, is the co-founder of TetraLogical, a consultancy that creates customized accessibility solutions for clients.
Blind users often say that overlays make websites harder to navigate or interfere with assistive technologies.
Rosin said Inditex-owned fashion retailer Zara’s EqualWeb overlay degraded the online experience for screen reader users, such as when dealing with social media links.
“The product is not ready yet,” added Rosin, who founded his own accessibility consultancy and serves as president of the Estonian Union of the Blind, an organization based in the Baltic state that supports people with low vision and blindness.
Anat Cohen, EqualWeb’s vice president of business development, said the problems with Zara’s website have nothing to do with accessibility technology but “stem from the structural design of the site.”
“EqualWeb does not manage website structure, but ensuring accessibility is our responsibility,” she added.
Mark Ricobono, president of the National Federation of the Blind, said that while litigation is needed to protect the rights of people with disabilities, the association will try to work with businesses to improve their digital products first.
In addition to overlays, some companies are promoting generative AI “code assistants.” These tools are designed to help developers by providing compatible code that they can copy or point out errors in existing code. But accessibility advocates have also criticized the quality of the products.
As AI technology advances, progress is likely to be made. At the same time, many companies with strong reputations among disability advocates want to be more transparent about the limitations of artificial intelligence.
Accessibility provider Level Access has just acquired overlay manufacturer UserWay. Its founder and CEO, Timothy Springer, responded to some of the criticism of UserWay’s technology and promised accuracy and transparency in Level Access’ marketing.
“We don’t expect AI to solve all accessibility problems in the foreseeable future,” Springer said, adding that he recognized AI’s limitations. “However, we are optimistic about the potential of AI to enhance “the accessibility of digital content as part of a broader, integrated approach.”
“We still have a lot of shortcomings,” Rossin added. “Maybe one day we will have artificial intelligence to help us and solve many problems, but definitely not today.”
At the same time, Rosin helped Estonia Sports Club solve a software problem on its website that baffled him. It chooses not to use artificial intelligence.