Section 2 Limitation of scope of strict liability.

(1)

The strict liability rule applies only in relation to publications, and for this purpose “publication” includes any speech, writing, F1programme included in a cable programme service or other communication in whatever form, which is addressed to the public at large or any section of the public.

(2)

The strict liability rule applies only to a publication which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced.

(3)

The strict liability rule applies to a publication only if the proceedings in question are active within the meaning of this section at the time of the publication.

(4)

Schedule 1 applies for determining the times at which proceedings are to be treated as active within the meaning of this section.

F2(5)

In this section “programme service” has the same meaning as in the Broadcasting Act 1990.

Annotations

Textual amendments

F1: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 31(1)(a): words were previously added by Broadcasting Act 1984 (c. 46 SIF 96), s. 57(1), Sch. 5 para. 39(1)
F2: S. 2(5) inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20, para. 31(1)(b)