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(a) that the record, cinematograph film, broadcast or communication to the public to which the charge relates was made only for the purpose of reporting current events, or
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(b) that the inclusion of the performance in question in the record, cinematograph film, broadcast or communication to the public to which the charge relates was only by way of background or was otherwise only incidental to the principal matters comprised or represented in the record, film, broadcast or communication to the public.
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