Section 102B Offences of recording or transmission in relation to broadcastingF1

Northern Ireland Repealed

(1)

It is an offence for a person to make—

(a)

an unauthorised recording, or

(b)

an unauthorised transmission,

of an image or sound which is being broadcast in accordance with a direction under section 102A.

(2)

It is an offence for a person to make—

(a)

an unauthorised recording, or

(b)

an unauthorised transmission,

of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.

(3)

It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—

(a)

was not in designated live-streaming premises, and

(b)

did not know, and could not reasonably have known, that the image or sound was—

(i)

being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), or

(ii)

an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).

(4)

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5)

For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(6)

For the purposes of this section, a recording or transmission is “unauthorised” unless it is—

(a)

authorised by a direction under section 102A,

(b)

otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or

(c)

authorised (generally or specifically) by the Department.

Annotations

Textual amendments

F1: Pt. 9A inserted (temp. until 24.3.2027) (N.I.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 27 para. 8 (with ss. 88-90) (which affecting provision expires by virtue of Coronavirus Act 2020 (c. 7), s. 89 (with s. 90), but is continued by: S.R. 2022/24, arts. 1, 3; S.R. 2022/227, art. 2; S.R. 2023/46, art. 2; S.R. 2023/138, art. 2; S.R. 2024/72, art. 2; S.R. 2024/173, art. 2; S.R. 2025/61, art. 2; S.R. 2025/151, art. 2; S.R. 2026/55, art. 2; and S.R. 2026/161, art. 2