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

Section 4: Sections 1 and 2: interpretation

18.This section defines the meaning of certain terms for the purposes of sections 1 and 2.

19.Subsection (1) provides that section 1(1) applies to behaviour of any kind, including things said or otherwise communicated (e.g. with a banner or on a T-shirt) as well as things done.

20.Subsection (2) provides that the references to membership of a group in section 1(2) include association with members of that group (e.g. expressing hatred of those who socialise with members of a particular religious group), that the reference to “presumed membership” in section 1(2) means presumed by the person expressing hatred or stirring up hatred, and as such, it is irrelevant that the person or people in question are not in fact members of the group and that “religious group” has the meaning given by section 74(7) of the Criminal Justice (Scotland) Act 2003.

21.Subsection (3) defines the terms “disability” and “transgender identity” for the purpose of section 1(4).

22.Subsection (4) defines the term “televised” and makes clear that it extends to matches shown on a screen or projected onto any surface by any means (e.g. by means of internet streaming or ‘webcasting’, as well as conventional television broadcasting).

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