12.—(1) If a programme involving threatening, abusive or insulting visual images or sounds is[F1 included in a programme service], each of the persons mentioned in paragraph (2) is guilty of an offence if—
(a)he intends thereby to stir up hatred or arouse fear; or
(b)having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be aroused thereby.
(2) The persons are—
(a)the person providing theF2. . . programme service;
(b)any person by whom the programme is produced or directed; and
(c)any person by whom offending words or behaviour are used.
(3) If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up hatred or arouse fear, it is a defence for him to prove that—
(a)he did not know and had no reason to suspect that the programme would involve the offending material; and
(b)having regard to the circumstances in which the programme was[F1 included in a programme service], it was not reasonably practicable for him to secure the removal of the material.
(4) It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up hatred or arouse fear to prove that he did not know and had no reason to suspect—
(a)that the programme would be[F1 included in a programme service]; or
(b)that the circumstances in which the programme would beF2. . . so included would be such that hatred would be likely to be stirred up or fear would be likely to be aroused.
(5) It is a defence for a person by whom offending words or behaviour were used and who is not shown to have intended to stir up hatred or arouse fear to prove that he did not know and had no reason to suspect—
(a)that a programme involving the use of the offending material would be[F1 included in a programme service]; or
(b)that the circumstances in which a programme involving the use of the offending material would beF2. . . so included, or in which a programmeF2. . . so included would involve the use of the offending material, would be such that hatred would be likely to be stirred up or fear would be likely to be aroused.
(6) A person who is not shown to have intended to stir up hatred or arouse fear is not guilty of an offence under this Article if he did not know, and had no reason to suspect, that the offending material was threatening, abusive or insulting.
Paras. (7), (8) rep. by 1990 c. 42