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EVIDENCE ACT 2008 - SECT 126J

Definitions

    (1)     In this Division—

"informant" means a person who gives information to a journalist in the normal course of the journalist's work in the expectation that the information may be published in a news medium;

"journalist" means a person engaged in the profession or occupation of journalism in connection with the publication of information, comment, opinion or analysis in a news medium;

"news medium" means a medium for the dissemination to the public or a section of the public of news and observations on news.

    (2)     For the purpose of the definition of journalist, in determining if a person is engaged in the profession or occupation of journalism regard must be had to the following factors—

        (a)     whether a significant proportion of the person's professional activity involves—

              (i)     the practice of collecting and preparing information having the character of news or current affairs; or

              (ii)     commenting or providing opinion on or analysis of news or current affairs—

for dissemination in a news medium;

        (b)     whether information, having the character of news or current affairs, collected and prepared by the person is regularly published in a news medium;

        (c)     whether the person's comments or opinion on or analysis of news or current affairs is regularly published in a news medium;

        (d)     whether, in respect of the publication of—

              (i)     any information collected or prepared by the person; or

              (ii)     any comment or opinion on or analysis of news or current affairs by the person—

the person or the publisher of the information, comment, opinion or analysis is accountable to comply (through a complaints process) with recognised journalistic or media professional standards or codes of practice.

S. 126K inserted by No. 52/2012 s. 3.



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