Commentary on Sections Schedule 15: Exclusions from Definition of “Relevant Publisher”
482.Schedule 15 provides for certain persons, and certain activities to be excluded from the definition of “relevant publisher” set out in section 41. As subsections (5) and (6) of section 41 make clear, the exclusions operate to either exclude a named person, or to exclude a person insofar as they carry out activity set out in the Schedule. Paragraphs 1 and 2 exclude the British Broadcasting Corporation and Sianel Pedwar Cymru (the broadcaster S4C). The effect of these paragraphs is that all activities carried on by these bodies will be excluded from the definition of relevant publisher, and they will fall outside the provisions of section 34 to 42 entirely. Paragraph 3 excludes the holders of a licence under the Broadcasting Acts 1990 and 1996, insofar as they publish news-related material in connection with their broadcasting activities as regulated by their licence. Paragraph 4 excludes the publishers of special interest titles, which are connected with pastimes, hobbies, trade, business, industry or a profession in relation to their publication of news-related material which is incidental to, and relevant to, the subject matter of that title. Paragraph 5 excludes scientific and academic publications, where news-related material is incidental to, and relevant to, the scientific and academic content. Paragraph 6 excludes publications made by public bodies and charities where they publish news-related material in connection with the carrying out of their functions. Public body is defined as a person or body whose functions are public functions.
483.Paragraph 7 is a similar exclusion, but excludes persons publishing newsletters or circulars, rather than titles, about their own business, where the news-related material is relevant to that business. Paragraph 8 excludes persons carrying on a micro-business having fewer than 10 employees and with an annual turnover not exceeding £2,000,000, where they publish news-related material contained either in a multi-author blog, or published on an incidental basis relevant to the main activities of the business. Paragraph 9 excludes the publishers of books. Books do not include a title published on a periodic basis with substantially different content.