(1) In this Order, references to a real time communication are references to any communication made in the course of a personal visit, telephone conversation or other interactive dialogue.
(2) A non-real time communication is a communication not falling within paragraph (1).
(3) For the purposes of this Order, non-real time communications include communications made by letter or e-mail or contained in a publication.
(4) For the purposes of this Order, the factors in paragraph (5) are to be treated as indications that a communication is a non-real time communication.
(5) The factors are that -
(a) the communication is made to or directed at more than one recipient in identical terms (save for details of the recipient’s identity);
(b) the communication is made or directed by way of a system which in the normal course constitutes or creates a record of the communication which is available to the recipient to refer to at a later time;
(c) the communication is made or directed by way of a
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