In sections 38 and 40—
“relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;
“written publication” includes a film, a soundtrack and any other record in permanent form but does not include an indictment or other document prepared for use in particular legal proceedings.
For the purposes of sections 38 and 40 an assertion is published or included in a programme if the material published or included—
names the person about whom the assertion is made or, without naming the person, contains enough to make it likely that members of the public will identify that person as the person about whom it is made, and
reproduces the actual wording of the matter asserted or contains its substance.
Nothing in section 38 or 39 affects any prohibition or restriction imposed by virtue of any other enactment on a publication or on matter included in a programme.