Imagine not being able to access information on news events and important announcements.

This is what the Pretoria High Court will grapple with today as the National Council of and for Persons with Disabilities (NCPD) takes on the Independent Communications Authority of South Africa’s (Icasa) Code for Persons with Disabilities 2021.

The NCPD feels the code is not inclusive because it excludes most people with hearing disabilities.

“Icasa’s code, issued on April 9, 2021, mandates closed captioning and subtitles for broadcast media. However, the regulations do not require open captioning and open subtitles. This omission leaves households without real-time access to captions or subtitles during live television broadcasts, including breaking news and public announcements,” says NCPD national director Therina Wentzel.

She adds that the absence of these open captions or subtitles ‘restricts the ability of those with hearing loss to access crucial information’.

“South African Sign Language (SASL) interpreters are commonly used to make broadcasts accessible to deaf individuals. However, this method falls short as the majority of people with hearing loss do not understand SASL. Eighty percent of television viewers use captions or subtitles for reasons other than hearing loss; subtext benefits many more than just those who require them for accessibility,” Wentzel explains and states there are more than four million people with hearing loss who do not use SASL as a method of communication.

She says that SASL does not cater for people who acquire hearing loss later in life, but serves as the first language of deaf people.

“To address the diverse needs of the hearing-impaired community, lip speakers, note-takers, loop systems, and captioning are essential, according to the White Paper on the Rights of Persons with Disabilities. The white paper outlines that deaf persons use SASL as their first language and may require access to SASL interpreters, as well as note-takers and captioning, to facilitate information access.

“Icasa’s code is a step toward inclusivity but falls short of accommodating the broader needs of those with hearing loss. The court case is expected to challenge these regulations, pushing for real-time open captions and subtitles, ensuring fair access to vital information for all South Africans affected by hearing impairment,” Wentzel emphasises.

Represented by Webber Wetzel Attorneys, the NCPD believes this case ‘signifies a quest for justice, respect, and equal access to information and communication for individuals with hearing loss in South Africa’.

“It hinges on the importance of real-time captioning and subtitling to guarantee accessibility to news bulletins and public announcements, ultimately securing a fundamental human right,” she concludes.

Icasa and equal rights

Icasa is mandated to protect the rights of persons with disabilities and recognise the marginalised in society.

One of the ways this is achieved is through its consumer advisory panel, established under the Electronic Communications Act. This panel advises Icasa on consumer interests and rights, especially those of persons with disabilities, senior citizens, and people living in under-serviced areas.