UNTERHALTER AJ the requirement of authorisation with due regard to the differential effect of the requirement upon those with print and visual disabilities. [70] For these reasons, I find that the requirement of authorisation in the Copyright Act would constitute unfair discrimination on the grounds of disability, and thus infringes section 9(3) of the Constitution. The enactment fails to take account of the effect of the requirement of authorisation upon persons with print and visual disabilities. [71] For like reasons, the challenge made by Blind SA on the basis of the right to human dignity in terms of section 10 of the Constitution is well founded. Access to the vast universe of knowledge and imagination that is to be found in literary works is a condition for advancement. It also promotes an engagement with the world of ideas, and that is an important attribute of the well-being of persons. That those with print and visual disabilities should be so radically compromised in the access they enjoy to literary works by reason of the requirement of authorisation is to heap indignity upon the adversities these persons face. The requirement of authorisation thus infringes the right to dignity in section 10 of the Constitution. [72] So too, persons with print and visual impairments have their rights to freedom of expression, and in particular the freedom to receive and impart information in terms of section 16(1)(b), infringed by the requirement of authorisation. The evidence before us shows that the requirement of authorisation drastically limits access to literary works, impairs the freedom to receive information, and thus, in turn, to impart information. The requirement also limits the participation of persons with print and visual disabilities in the cultural life of their choice. Literary works are an important source of cultural life. When access to literary works is limited, so too are persons affected by this limitation compromised in their enjoyment of the right to participate in the cultural life of their choice. Section 30 of the Constitution is thus also infringed by the requirement of authorisation. 29

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