(1) A fair dealing with an audio - visual item does not constitute an infringement of the copyright in the item or in any work or other audio - visual item included in the item if:
(a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the first - mentioned audio - visual item is made; or
(b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.