Part III Racial Hatred
Acts intended or likely to stir up racial hatred
F221 Distributing, showing or playing a recording.
1
A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening, abusive or insulting is guilty of an offence if—
a
he intends thereby to stir up racial hatred, or
b
having regard to all the circumstances racial hatred is likely to be stirred up thereby.
2
In this Part “recording” means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.
3
In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
4
This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be F1included in a programme service.