Section 216K — Crimes Act 1961: Exceptions to prohibition in section 216J

216K Exceptions to prohibition in section 216J (1) Nothing in section 216J(1)(a) , (b) , or (c) applies to anything done by any person in the course of, or in connection with, exercising or performing any powers, duties, or functions under any enactment. (2) Nothing in section 216J(1)(a) applies to any person by reason only of that person publishing an intimate visual recording to a person referred to in section 216N(1) . (3) Nothing in section 216J applies to any person who, not knowing or suspecting that a visual recording is an intimate visual recording, facilitates access to that recording by reason only of providing some or all of the means necessary for— (a) delivery of the recording in physical form (for example, by a postal operator or courier); or (b) transmission (other than by broadcasting) of the recording (for example, by a network operator or service provider providing only a network or facility through which a recording is transmitted); or (c) storage of the recording electronically in a way that is accessible by any other person or persons. (4) In subsection (3) , unless the context otherwise requires,— courier means a person carrying on business as a courier network operator has the same meaning as in section 3(1) of the Telecommunications (Interception Capability) Act 2004 postal operator has the same meaning as in section 2(1) of the Postal Services Act 1998 public data network has the same meaning as in section 5 of the Telecommunications Act 2001 service provider — (a) means a person providing Internet access, email access, or both of those facilities, by means of a public data network; but (b) does not include a network operator. Sections 216G to 216N were inserted, as from 5 December 2006, by section 4 Crimes (Intimate Covert Filming) Amendment Act 2006 (2006 No 75).