PART IIIExemptions: Interpretation and Application

Interpretation: real time communications7.

(1)

In this Order, references to a real time communication are references to any communication made in the course of a personal visit, telephone conversation or other interactive dialogue.

(2)

A non-real time communication is a communication not falling within paragraph (1).

(3)

For the purposes of this Order, non-real time communications include communications made by letter or e-mail or contained in a publication.

(4)

For the purposes of this Order, the factors in paragraph (5) are to be treated as indications that a communication is a non-real time communication.

(5)

The factors are that—

(a)

the communication is made to or directed at more than one recipient in identical terms (save for details of the recipient's identity);

(b)

the communication is made or directed by way of a system which in the normal course constitutes or creates a record of the communication which is available to the recipient to refer to at a later time;

(c)

the communication is made or directed by way of a system which in the normal course does not enable or require the recipient to respond immediately to it.