(1) In any special purposes proceedings before a court, if the controller or processor claims, or it appears to the court, that any personal data to which the proceedings relate—
(a) is being processed only for the special purposes,
(b) is being processed with a view to the publication by any person of journalistic, academic, artistic or literary material, and
(c) has not previously been published by the controller,
the court must stay or, in Scotland, sist the proceedings.
(2) In considering, for the purposes of subsection (1)(c), whether material has previously been published, publication in the immediately preceding 24 hours is
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