13Communications activity

#### 13 Communications activity (1) A person undertakes communications activity if: (a) the person communicates or distributes information or material to the public or a section of the public; or (b) the person produces information or material for the purpose of the information or material being communicated or distributed to the public or a section of the public. (2) For the purposes of subsection (1), a reference to information or material includes information or material in any form, including oral, visual, graphic, written, electronic, digital and pictorial forms. (3) Despite subsection (1), an activity undertaken by a person (the disseminator) is not communications activity if: (a) the activity is undertaken in the ordinary course of the disseminator’s business; and (b) the activity is communicating or distributing, to the public or a section of the public, information or material: (i) produced entirely by a person other than the disseminator; or (ii) produced by the disseminator only to the extent that the disseminator alters the information or material, without affecting substance, to ensure compliance with the law or to fit time or space constraints; and (c) the identity of: (i) if the producer produced the information or material on behalf of another person—that other person; or (ii) otherwise—the producer of the information or material; is either apparent in the communicating or distributing or is disclosed in accordance with rules prescribed for the purposes of this paragraph. (4) Despite subsection (1), a carriage service provider (within the meaning of section 87 of the Telecommunications Act 1997) does not undertake communications activity in relation to information or material merely because the carriage service provider supplies the listed carriage service (within the meaning of section 16 of that Act) used to communicate the information or material.