Part 1Tribunals and Inquiries
Chapter 2First-tier Tribunal and Upper Tribunal
F1Use of live video or audio links: public participation & offences of recording etc
29ZBOffences of recording or transmission in relation to broadcasting
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 29ZA.
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 29ZA.
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 29ZA (in the case of an offence under subsection (1)), or
ii
an image of, or sound made by, another person while the other person was viewing or listening to a broadcast made in accordance with a direction under section 29ZA (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 29ZA,
b
otherwise authorised (generally or specifically) by the Tribunal in which the proceedings concerned are being conducted, or
c
authorised (generally or specifically) by the Lord Chancellor.
Ss. 29ZA-29ZD and cross-heading inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 25 para. 2 (with ss. 88-90) (which affecting provision is continued (E.W.) by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), reg. 2, but expires (S.N.I.) (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90); and which affecting provision is repealed in so far as it is still in force (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 201(2), 208(1); S.I. 2022/704, regs. 1(2), 2)