220
264
(1)
Investigatory Powers Act 2016 (c. 25)
Part 9 — Miscellaneous and general provisions
Chapter 2 — General
General definitions: “journalistic material” etc.
The definitions in this section have effect for the purposes of this Act.
Journalistic material
(2)
“Journalistic material” means material created or acquired for the purposes of
journalism.
(3)
For the purposes of this section, where—
(a) a person (“R”) receives material from another person (“S”), and
(b) S intends R to use the material for the purposes of journalism,
R is to be taken to have acquired it for those purposes.
Accordingly, a communication sent by S to R containing such material is to be
regarded as a communication containing journalistic material.
(4)
For the purposes of determining whether a communication contains material
acquired for the purposes of journalism, it does not matter whether the
material has been acquired for those purposes by the sender or recipient of the
communication or by some other person.
(5)
For the purposes of this section—
(a) material is not to be regarded as created or acquired for the purposes of
journalism if it is created or acquired with the intention of furthering a
criminal purpose, and
(b) material which a person intends to be used to further such a purpose is
not to be regarded as intended to be used for the purposes of
journalism.
Confidential journalistic material
(6)
“Confidential journalistic material” means—
(a) in the case of material contained in a communication, journalistic
material which the sender of the communication—
(i) holds in confidence, or
(ii) intends the recipient, or intended recipient, of the
communication to hold in confidence;
(b) in any other case, journalistic material which a person holds in
confidence.
(7)
A person holds material in confidence for the purposes of this section if—
(a) the person holds it subject to an express or implied undertaking to hold
it in confidence, or
(b) the person holds it subject to a restriction on disclosure or an obligation
of secrecy contained in an enactment.
265
Index of defined expressions
In this Act, the expressions listed in the left-hand column have the meaning
given by, or are to be interpreted in accordance with, the provisions listed in
the right-hand column.