Magistrates’ Courts Act 1980 (c. 43)

Part II E+W Civil Jurisdiction and Procedure

[F1 Use of live links in certain proceedings E+W

Textual Amendments

F1 Ss. 57ZA-57ZF and cross-heading inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 26 (with ss. 88-90) (which affecting provision expires (10.12.2021) by virtue of The Coronavirus Act 2020 (Early Expiry) (No. 2) Regulations 2021 (S.I. 2021/1399), regs. 1(2), 4)

57ZD Offences of recording or transmission in relation to broadcasting E+W

(1) It is an offence for a person to make, or attempt 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 57ZC.

(2) It is an offence for a person to make, or attempt 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 57ZC.

(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 actual or attempted recording or transmission of the image or sound concerned—

(a) he or she was not in designated live-streaming premises, and

(b) he or she 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 57ZC (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 57ZC (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, or attempting to make, 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 57ZC,

(b) otherwise authorised (generally or specifically) by the court, or

(c) authorised (generally or specifically) by the Lord Chancellor.

(7) The court's power under subsection (6)(b) may be exercised by a single justice.]