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Strict liabilityU.K.

2 Limitation of scope of strict liability.U.K.

(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.]

Textual Amendments

F1Words 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)