OpenLegislation

Section 59 Restriction on reporting of assertions.F1C1

(F21)

Where a court makes an order under section 58(7) or (8) in relation to any assertion, at any time when the order has effect the assertion must not—

(a)

be published in F3Northern Ireland in a written publication available to the public, or

(b)

be included in a relevant programme for reception in F4Northern Ireland.

(2)

In this section—

  • “relevant programme” means a programme included in a programme service, within the meaning of the M1Broadcasting Act 1990;

  • “written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.

(3)

For the purposes of this section an assertion is published or included in a programme if the material published or included—

(a)

names the person about whom the assertion is made or, without naming him, contains enough to make it likely that members of the public will identify him as the person about whom it is made, and

(b)

reproduces the actual wording of the matter asserted or contains its substance.

Annotations

Textual amendments

F1

In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79

F2

Ss. 58-60 omitted (E.W.S.) (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 139 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3

Words in s. 59(1)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 137 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4

Words in s. 59(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 137 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Marginal citations

M1

1990 c. 42.

Modifications

C1

Ss. 58-60 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

Notes on Derogatory assertions (Northern Ireland)

Textual amendments

F1

Words in s. 58 cross-heading inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 135 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2