Crime and Courts Act 2013

42 Other interpretative provisions E+W

(1) This section applies for the purposes of sections 34 to 41.

(2) “Approved regulator” means a body recognised as a regulator of relevant publishers.

(3) For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

(4) “Relevant claim” means a civil claim made in respect of any of the following—

(a) libel;

(b) slander;

(c) breach of confidence;

(d) misuse of private information;

(e) malicious falsehood;

(f) harassment.

(5) For the purposes of subsection (4)—

(a) the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of [F1 Article 82 of the [F2 UK GDPR] or section 168 or 169 of the Data Protection Act 2018 (compensation for contravention of the data protection legislation) ];

(b) the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.

[F3 (5A) In subsection (5)(a), “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).]

(6) The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

(7) “News-related material” means—

(a) news or information about current affairs,

(b) opinion about matters relating to the news or current affairs, or

(c) gossip about celebrities, other public figures or other persons in the news.

(8) A relevant claim is related to the publication of news-related material if the claim results from—

(a) the publication of news-related material, or

(b) activities carried on in connection with the publication of such material (whether or not the material is in fact published).

(9) A reference to the “publication” of material is a reference to publication—

(a) on a website,

(b) in hard copy, or

(c) by any other means;

and references to a person who “publishes” material are to be read accordingly.

(10) A reference to “conduct” includes a reference to omissions; and a reference to a person's conduct includes a reference to a person's conduct after the events giving rise to the claim concerned.

Textual Amendments

F1 Words in s. 42(5)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 181(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2 Words in s. 42(5)(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 24(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

F3 S. 42(5A) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 24(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 42 in force at 3.11.2015 for specified purposes by S.I. 2015/1837, art. 2(b)