13.—(1) A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting, with a view to—
(a)in the case of written material, its being displayed, published, distributed,[F1 or included in a programme service], whether by himself or another; or
(b)in the case of a recording, its being distributed, shown, played,[F1 or included in a programme service], whether by himself or another,
is guilty of an offence if he intends hatred to be stirred up or fear to be aroused thereby or, having regard to all the circumstances, hatred is likely to be stirred up or fear is likely to be aroused thereby.
(2) For this purpose regard shall be had to such display, publication, distribution, showing, playing,[F1 or inclusion in a programme service] as he has, or it may reasonably be inferred that he has, in view.
(3) In proceedings for an offence under this Article it is a defence for an accused who is not shown to have intended to stir up hatred or arouse fear to prove that he was not aware of the content of the written material or recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
Para. (4) rep. 1990 c. 42