What Counts as “Web Content” Under ADA Title II?

Recently, the U.S. Department of Justice updated its regulations under Title II of the Americans with Disabilities Act (ADA) to clarify how accessibility applies to websites and mobile apps. The changes adopt WCAG 2.1 Level AA as the technical standard and define what qualifies as “web content.”

However, there has still been confusion about what actually counts as web content. Many public entities are unsure whether items like LMS materials, downloadable documents, social media posts, or email attachments fall within the rule.

In this guide, we break down what the DOJ’s definition of “web content” really means in practical terms. We also cover common examples, gray areas, and key exceptions to help you clearly understand your responsibilities under Title II of the ADA.

What Counts as “Web Content” Under ADA Title II?

Under the ADA Title II, “web content” is defined as the information and experiences available on the web, like text, images, sound, videos, and documents. The Department of Justice (DOJ) defines “web content” more formally in 28 CFR § 35.104 as:

“The information and sensory experience to be communicated to the user by means of a user agent, including code or markup that defines the content’s structure, presentation, and interactions.”

A simple way to understand it is to ask:

• Is it published online by a state or local government?
• Can people access it through a web browser or similar software?
• Does it share information or allow users to interact?

If the answer is yes, it is likely web content under Title II of the ADA.

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Common Examples of Web Content

If a state or local government publishes something online and the public can access it through a browser, it is likely web content under ADA Title II.

Here are common examples, organized for clarity.

Type of Web Content	Examples
Website Pages	Homepages, department pages, program pages, news updates, policy pages, FAQs, event pages
Images and Graphics	Photos, charts, infographics, maps, diagrams, icons, promotional banners
Audio Content	Recorded lectures, public announcements, podcasts, meeting audio recordings
Video Content	Public meeting recordings, training videos, course lectures, livestream replays, instructional videos
Online Forms	Permit applications, enrollment forms, financial aid forms, complaint submissions, contact forms
Interactive Features	Search bars, payment portals, booking systems, dashboards, calculators, interactive maps
Downloadable Documents	PDFs, Word documents, PowerPoint slides, spreadsheets, reports, syllabi, agendas
Announcements and Alerts	Emergency notices, weather alerts, deadline reminders, service disruptions
Learning Management Systems (LMS)	Course pages, assignments, quizzes, discussion boards, embedded media inside Canvas, Blackboard, Moodle
Social Media Content	Posts from official government accounts, images shared on platforms, captioned videos, event announcements

Note that this is not a complete list. The examples are illustrative, not limiting.

When in doubt, ask a simple question: Is this helping deliver a public service, program, or activity online? If yes, it should be treated as web content and made accessible.

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Are Email Attachments Considered Web Content?

Email attachments fall into a gray area under the ADA Title II.

Under 28 CFR § 35.104, web content is information delivered through a user agent, such as a web browser. A document posted on a website clearly meets that definition. A file sent directly as an email attachment may not clearly fit within it.

That said, ADA Title II is grounded in inclusion.

Public entities must still provide equal access and ensure effective communication under § 35.160. Even if an attachment is not technically classified as web content, it may still need to be accessible to ensure that no one is excluded from a public service or program.

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Web Content Exceptions Under the ADA Title II

The ADA Title II web rule requires public entities to make their web content and mobile apps conform to WCAG 2.1 Level AA. At the same time, the rule recognizes five specific exceptions under § 35.201. These are limited and apply only in defined situations.

The five exceptions are:

• Archived web content
• Preexisting conventional electronic documents
• Third-party content not posted due to a contract or agreement
• Individualized, password-protected documents
• Preexisting social media posts

For a detailed explanation of each exception, including examples and practical guidance, refer to our in-depth guide on ADA Title II exceptions.

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Wrapping Up

The DOJ’s updated rule brings clarity, but it also expands responsibility. Public entities must now take a closer look at the digital content they publish and manage.

What this ultimately means is that the definition of web content is broad. If a public entity delivers information, services, or programs online, that content will usually fall within scope.

At the heart of these requirements is inclusion. Digital government services must be accessible so that people with disabilities can participate fully and equally.