Meaning of “journalistic material”
Part II Powers of Entry, Search and Seizure
(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.
(2)Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.
(3)A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
The Court used the statutory definition of journalistic material as material acquired or created for the purposes of journalism when assessing proportionality. (see paras [61]; [86])
Uses the statutory definition of journalistic material to conclude that the witness statement contained material engaging the legal protections for journalism, despite having been prepared for civil litigation (see paras [27]; [32]-[40]).
Interprets journalistic material by reference to material acquired or created for the purposes of journalism and held by the person who acquired or created it for those purposes. The court rejects adding a qualification that stolen material cannot be journalistic (see paras [34]; [45]; [48]).
What each judgment says about section 13 is in the case-law panel in the full Act.