Amendment to section 44 of the Enterprise Act 2002
2
1
Section 44 of the Enterprise Act 2002 (investigation and report by CMA) is amended as follows.
2
For subsection (10) substitute—
10
In this Part, “newspaper” means a publication which—
a
consists of, or includes, news-related material which is subject to editorial control;
b
is published on any periodic basis; and
c
is connected with the United Kingdom.
10A
For the purposes of subsection (10)—
a
“news-related material” means—
i
news or information about current affairs; or
ii
opinion about matters relating to the news or current affairs;
b
news-related material contained in a publication is subject to editorial control if the publisher of the publication has editorial or equivalent responsibility for—
i
the content of the material (which may include commissioning it);
ii
how the material is presented; and
iii
the decision to first publish the material;
c
a publication is not to be treated as consisting of, or including, news-related material if the news-related material contained in the publication—
i
is included only incidentally to the main content of the publication; or
ii
relates wholly to a particular pastime, hobby, trade, business, industry or profession;
d
“publication” means a publication which is—
i
online; or
ii
in hard copy,
and references to “publish” or a “publisher” are to be construed accordingly;
e
a reference to a publication being published on any periodic basis includes, in relation to an online publication, a reference to it being updated on any periodic or other recurring basis;
f
a publication is connected with the United Kingdom if—
i
the majority of its readership is in the United Kingdom;
ii
the majority of editorial decisions about the publication are taken in the United Kingdom; or
iii
the registered or principal office of the publisher of the publication is in the United Kingdom.
.