These can generally be related to the offence of Stirring Up Racial Hatred. To be found guilty the prosecution must prove that a person has published or distributed written material which is threatening, abusive or insulting. There must be either an intention to stir up racial hatred or reasonable expectation that it will.
If the prosecution don’t prove that a defendant intended to stir up racial hatred (i.e. that it was simply that racial hatred was likely to be stirred up by distributing the material), it is a defence to prove that the defendant was not aware of its content and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
The prosecution must prove that a person has:
- distributed or circulated a terrorist publication;
- given, sold or lent such a publication;
- offered such a publication for sale or loan;
- provided a service to others that enables them to obtain, read, listen to or look at such a publication, or to acquire it by means of a gift, sale or loan;
- transmitted the contents of such a publication electronically; or
- had such a publication in his possession with a view to its becoming the subject of conduct set out above.
And
At the time of doing so, the person:
- intended an effect of his conduct to be a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; OR
- intended an effect of his conduct to be the provision of assistance in the commission or preparation of such acts; OR
- was reckless as to whether his conduct encouraged or assisted such acts.
