(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, [F1or included in a cable programme service], whether by himself or another, or
(b)in the case of a recording, its being distributed, shown, played, [F1or included in a cable programme service], whether by himself or another,
is guilty of an offence if he intends racial hatred to be stirred up thereby or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby.
(2)For this purpose regard shall be had to such display, publication, distribution, showing, playing, [F2or 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 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 written material or recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Textual Amendments
F1Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 164(4)(a)
F2Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 164(4)(b)
F3S. 23(4) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 164(4)(c), 203(3), Sch. 21