Search Legislation

Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012

Section 8: Section 6: interpretation

35.This section defines terms used in section 6.

36.Subsection (2) provides that “communicates” means communicates by any means other than by unrecorded speech alone. As such it includes communications made by post or printed media, on the internet or through websites, email, blogs, podcasts, etc.

37.Subsection (3) defines “material” as anything capable of being read, looked at, watched or listened to, either directly or after conversion from data stored in another form. As such, it includes printed text, video, sound recordings, images, etc.

38.Subsection (4) defines “hatred on religious grounds” as hatred of a group of persons based on their membership or presumed membership of a religious group (as defined by section 74(7) of the Criminal Justice (Scotland) Act 2003), or of a social or cultural group with a perceived religious affiliation, or of an individual based on their membership or presumed membership of such a group.

39.Subsection (5) defines a “seriously violent act” as one that would cause serious injury to, or the death of, a person.

40.Subsection (6) provides that in subsection (4) “membership” of a group includes association with members of that group, and “presumed” means presumed by the person making the communication (as such, if a person stirs up hatred of a person because he believes that person to be a member of a particular religious group, it is irrelevant that the person is not, in fact, a member of that group).

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources