Section 53 Exceptions to requirement in section 52I1I2
Scotland
Section 52 does not apply to the republication of electronic material if—
when it was previously published—
section 52 applied to it, and
it was published in compliance with that section, and
it is not materially altered when it is republished.
In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—
the information within section 52(2), or
the access to such information,
as a result of which its previous publication complied with section 52.
Section 52 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application.
In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.
The Scottish Ministers may by regulations amend this section so as to add, modify or remove cases to which section 52 does not apply.
Annotations
Commencement
- I1
S. 53 not in force at Royal Assent, see s. 73(2)
- I2
S. 53 in force at 17.11.2025 by S.S.I. 2025/260, reg. 3, sch. Pt. 1