173 Publication - protection in respect of offences

If a document has been published and—

(a) the publication was—
(i) required or permitted under section 78 or 78A; or
(ii) authorised by a Minister, or an officer having authority in relation to disclosure logs, in the genuine belief the publication was required or permitted under section 78 or 78A; or

(b) the publication was required under section 110 or authorised by the information commissioner in the genuine belief that the publication was required under section 110;

the person authorising publication and any other person concerned in the publication of the document do not commit a criminal offence merely because of authorising or being concerned in the publication.