Section 27 Press Release, Link

 BlindSA and SECTION27 welcome an order of the High Court of South Africa (Gauteng, Pretoria Division) declaring that the Copyright Act of 1978 is invalid for violating the rights of people who are blind or visually impaired. The case BlindSA v Minister of Trade, Industry and Competition (and others) was heard on the unopposed roll before Judge Mbongwe yesterday 21 September 2021, who made our draft order an order of the court.

This is a massive victory for people who are blind or visually impaired, as well as learners with disabilities, who will now be able to access works under copyright in accessible formats more easily! This challenge to apartheid era Copyright law will vindicate the constitutional rights of people who are blind or visually impaired to equality, dignity, basic and further education, freedom of expression, language and participation in the cultural life of one’s choice.

The following order has been granted:

  • A declaratory order: declaring the current Copyright Act invalid and unconstitutional because it limits/prevents people with visual disabilities from accessing works under copyright in formats that they can read, and does not include provisions designed to enable access to works under copyright as envisaged by the Marrakesh Treaty;
  •  A ‘reading in’ – or inclusion – of the proposed section 19D of the Copyright Amendment Bill (CAB) to the current Copyright Act to allow an exception to copyright for people with disabilities so that they can convert published works into accessible formats like Braille, large print, Digitally Accessible Information System (Daisy).

The Current Copyright Act has resulted in a Book Famine for people with visual disabilities, but this will be rectified by the proposed section 19D from the Copyright Amendment Bill, which would allow exceptions to copyright for people with disabilities. The exceptions found in 9D will allow persons with disabilities to convert published works into accessible formats without the consent of the copyright holder, which can take long periods of time and under the current copyright regime, can be denied.  Despite the fact that section 19D is not contested and widely accepted as a necessary section to enable human rights for people with disabilities, it is being delayed through a lengthy legislative process in parliament, all the while with people with visual disabilities being barred from accessing reading materials in accessible formats. We have therefore asked for the court to ‘read in’ section 19D with immediate effect so that people who are blind or visually impaired can access works under copyright in accessible formats immediately. We have further asked that the reading in should be made permanent after 12 months if parliament has not yet remedied the situation through the finalisation of the legislative process for the Copyright Amendment Bill.

Click here for the full press release on the Section 27 website.