Blind SA and Section27 welcome the ruling that finds the Copyright Act unconstitutional for unfairly discriminating against persons with visual disabilities.
On September 21, Blind SA and Section27 celebrated the Constitutional Court’s historic judgment.
The judgement confirms that the Copyright Act of 1978 is unconstitutional for limiting access to reading materials in accessible formats for persons who are blind or visually impaired.
This judgment immensely and immediately improves access to books in accessible formats for people who are blind. The judgment also vindicates their rights to equality, dignity, basic and further education, freedom of expression, language and participation in the cultural life of one’s choice.
“The Constitutional Court found ‘that those with print and visual disabilities suffer from a scarcity of access to literary works that persons without these impairments do not due to the Copyright Act, which, therefore ‘constitutes unfair discrimination based on disability,” explained Lebohang Tekela of Blind SA.
Sanction
Reflecting on the urgency of the need for accessibly formatted books, the judgment stated, ‘persons with print and visual disabilities should not have to wait further to secure a remedy’.
Tekela said the highest court in the country has ordered Parliament to remedy the constitutional invalidity of the current Act within 24 months.
“As an interim relief, the court has read-in or included a provision that immediately permits blind or visually impaired persons to convert books into accessible formats without requiring the authorisation of the copyright holder,” he said.
This judgment not only compels Parliament to ensure that copyright legislation in SA provides for accessible format shifting within two years. It also carefully affirms the rights of people living with disabilities and orders immediate relief so that they can access books in formats they can read.
A summary of the judgment was read out at the Constitutional Court by Justice Jody Kollapen to a gallery of elated activists from Blind SA and Section27.
“This favourable judgment represents the culmination of years of activism from Blind SA, Section27 and other partners to challenge South Africa’s outdated copyright laws, which have for decades restricted access to reading materials for persons who are blind,” Tekela said.
Historic landmark
Jace Nair, CEO of Blind SA, said: “We are ecstatic that we have a judgment that provides for the exceptions that we have been advocating for so long. We thank the Constitutional Court for recognising the impact this violation has had on the lives of blind and partially sighted persons for decades.”
Before this judgment, persons who are blind or visually disabled would have had to secure permission from copyright holders to convert books into accessible formats like braille. Blind SA and Section27 then took the government to court for this process.
Tekela said this process created a ‘book famine’ for persons with visual disabilities and unfairly opened them up to criminal and civil liability if they converted books into accessible formats without securing permission.
“A year ago, Blind SA had their day in court to fight for access to books in accessible formats when the High Court of South Africa, Gauteng Division, found that the Copyright Act was unconstitutional for violating the rights of persons with disabilities. Blind SA and Section27 then approached the Constitutional Court to confirm this finding of invalidity of the existing Act,” he explained.
On May 12, they then argued for urgent changes to the Act so that persons with disabilities can easily convert books and other reading materials into formats they can read, such as braille, without needing the permission of the copyright holder.
Finding in their favour, the Constitutional Court has clarified various definitions concerning an exception to copyright for persons with disabilities. In effect, it is giving blind persons access to thousands of books with immediate effect.
Blind SA and Section27 thank its counsel in this case, Advocate Jonathan Berger, Advocate Faranaaz Veriava, Advocate Tauriq Moosa, and legal advisor Dr Sanya Samtani.
