Offence to publish recording of proceeding
4B Offence to publish recording of proceeding
S. 4B(1) amended by No. 26/2023 s. 10(1).
A person must not intentionally publish a recording of a proceeding except in accordance with subsection (2) or (2A).
Penalty: 20 penalty units.
A person may publish a recording of a proceeding if express written permission is given by a judicial officer, whether—
in respect of a specific proceeding or class of proceedings or generally; or
for a specific purpose; or
subject to specified conditions; or
in respect of a specific recording or class of recordings; or
as provided for in any combination of paragraphs (a), (b), (c) or (d).
S. 4B(2A) inserted by No. 26/2023 s. 10(2).
A person may publish a recording of a proceeding if the person does so on behalf of a court or tribunal for a purpose set out in section 8B of the Open Courts Act 2013.
A person who, after publishing a recording of a proceeding, becomes aware that the recording is not a recording permitted to be made under section 4A(2), (3) or (4) or permitted to be published under subsection (1) must take all reasonable steps within that person's power to remove from publication or take down that recording.
Penalty: 20 penalty units.
A person is not liable to be prosecuted for an offence against both subsection (1) and section 4C(1) in respect of the same recording.
S. 4C inserted by No. 62/2014 s. 77.
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