43. (1) The processing of personal data for the purpose of exercising the right to freedom of expression and information, including processing for journalistic purposes or for the purposes of academic, artistic or literary expression, shall be exempt from compliance with a provision of the Data Protection Regulation specified in subsection (2) where, having regard to the importance of the right of freedom of expression and information in a democratic society, compliance with the provision would be incompatible with such purposes.

(2) The provisions of the Data Protection Regulation specified for the purposes of subsection (1) are Chapter II (principles), other than Article 5(1)(f), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries and international organisations), Chapter VI (independent supervisory authorities) and Chapter VII (cooperation and consistency).

(3) The Commission may, on its own initiative, refer any question of law which involves consideration of whether processing of personal data is exempt in accordance with subsection (1) to the High Court for its determination.

(4) An appeal shall, by leave of the High Court, lie from a determination of that Court on a question of law under subsection (3) to the Court of Appeal.

(5) In order to take account of the importance of the right to freedom of expression and information in a democratic society that right shall be interpreted in a broad manner.