Contempt by unauthorised audio or visual recordings
5.—(1) Subject to subsection (4), it is a contempt of court —
(a)
to use in court any audio recorder, electronic device or other instrument for audio or visual recording or both, or to bring into court any such instrument for the purpose of audio or visual recording or both, without the leave of the court;
(b)
to publish or transmit an audio or a visual recording or both of court proceedings made by means of any such audio recorder, electronic device or other instrument, or any recording derived directly or indirectly from it; or
(c)
to use any such recording in contravention of any conditions of leave granted under paragraph (a).
(2) Leave under subsection (1)(a) may be granted or refused at the discretion of the court, and if granted may be granted subject to any conditions that the court thinks proper with respect to the use of any recording made pursuant to the leave; and where leave has been granted, the court may at its discretion withdraw or amend it either generally or in relation to any particular part of the proceedings.
(3) Without prejudice to any other power to deal with an act under subsection (1)(a), the court may order the audio recorder, electronic device or other instrument, or any recording made with it, or both, to be forfeited; and any object so forfeited must (unless the court otherwise determines on application by a person appearing to be the owner) be sold or otherwise disposed of in the manner directed by the court.
(4) This section does not apply to the making or use of audio or visual recordings or both for purposes of official transcripts of proceedings or any other purpose authorised by the court.