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File image: A person using braille.
The Constitutional Court has issued an interim order, which temporarily amends the Copyright Act 98 of 1978, to include an exception to copyright for visually impaired persons, pending the court’s final determination.
This comes after Blind SA, represented by Section 27, hauled the President to the apex court after he failed to sign the Copyright Amendment Bill by the court-ordered deadline of September 21, 2024.
Blind SA initially successfully challenged certain provisions of the Copyright Act, which resulted in the Constitutional Court declaring the Act unconstitutional and invalid to the extent that it discriminated against visually impaired persons and prevented their access to reading material.
The Constitutional Court’s initial order was handed down on September 21, 2022, meaning the 24-month deadline had expired by September 21, 2024.
Parliament sent the Copyright Amendment Bill to the President to sign in February this year but it remained unsigned by the deadline, resulting in legal uncertainty.
In an order dated December 13, 2024, the Constitutional Court granted a temporary amendment to include the exception, which ensures that the rights of persons who are visually impaired are realised.
Related video | Blind SA says visually impaired people struggle to access books in braille despite ConCourt ruling:
