(1)If a report is published or included in a relevant programme in contravention of section 41 each of the following persons is guilty of an offence—
(a)in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;
(b)in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;
(c)in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper.
(2)A person guilty of an offence under this section is liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
(3)Proceedings for an offence under this section shall not be instituted in England and Wales otherwise than by or with the consent of the Attorney General.
(4)Subsection (8) of section 41 applies for the purposes of this section as it applies for the purposes of that.
Textual Amendments
F1In its application to Northern Ireland, this section has effect subject to the modifications set out in Schedule 4; see s. 79
Modifications etc. (not altering text)
C1S. 42 applied (with modifications) (8.1.2007 in force for certain purposes and otherwise prosp.) by Criminal Justice Act 2003 c. 44, ss. 48A (as inserted in that Act in its application to N.I. by {s. 50(14)} of that Act), 336; S.I. 2006/3422, art. 2(a)