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

6.Subsection (2) lists the five kinds of behaviour which trigger the offence at subsection (1). These are:

(a)

expressing hatred of, or stirring up hatred against, a group of persons based on their membership (or presumed membership) of a religious group, a social or cultural group with a perceived religious affiliation, or group defined by reference to a characteristic listed in subsection (4) (for example, by engaging in sectarian chanting or singing);

(b)

expressing hatred of, or stirring up hatred against, an individual based on the individual’s membership (or presumed membership) of a group mentioned in paragraph (a) above (for example, expressing hatred of a particular player or manager because of that person’s presumed or actual religious affiliation);

(c)

behaviour that is motivated by hatred of a group mentioned in paragraph (a) above;

(d)

behaviour that is threatening; or

(e)

other behaviour that a reasonable person would be likely to consider offensive (for example, this would include, but is not limited to, sectarian songs or chants).

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