SCHEDULES
SCHEDULE 11

Approval, imposition and modification of networking arrangements

Confidentiality and defamation
14
1
When publishing a report prepared under paragraph 4 or 5,
OFCOM
must have regard to the need to exclude from the publication, so far as practicable, the matters which are confidential in accordance with sub-paragraphs (2) and (3).
2
A matter is confidential under this sub-paragraph if—
a
it relates specifically to the affairs of a particular body; and
b
publication of that matter would or might, in
OFCOM
’s opinion, seriously and prejudicially affect the interests of that body.
3
A matter is confidential under this sub-paragraph if—
a
it relates to the private affairs of an individual; and
b
publication of that matter would or might, in
OFCOM
’s opinion, seriously and prejudicially affect the interests of that individual.
4
For the purposes of the law of defamation absolute privilege attaches to every report prepared under paragraph 4 or 5.
Sch. 11 para. 6A inserted (31.12.2020) by The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), reg. 1(1), Sch. 1 para. 11(7) (as amended by S.I. 2020/1343, regs. 1(1), 23(5)); 2020 c. 1, Sch. 5 para. 1(1)
Sch. 11 para. 14 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)