Threats & Abuse
A person who uses threatening, abusive, or insulting words or behaviour, or displays any written material which is threatening, abusive, or insulting, is guilty of an offence if they intend thereby to stir up hatred or arouse fear; or having regard to all the circumstances, hatred is likely to be stirred up or fear is likely to be aroused thereby.
An offence above may be committed in a public or a private place. No offence is committed where the words or behaviour are used, or the written material displayed, by a person inside a dwelling house and are not heard or seen except by another in the dwelling. It is a defence for the accused to prove they were inside a dwelling and had no reason to believe that the words or behaviour would be heard or seen by a person outside it.
A person who is not shown to have intended to stir up hatred or arouse fear is not guilty of an offence if they did not intend their words or behaviour, or the written material, to be, and were not aware that they might be, threatening, abusive, or insulting.
The provision does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme or programme service.
A person who publishes or distributes written material which is threatening, abusive, or insulting is guilty of an offence if they intend to stir up hatred or arouse fear; or if having regard to all the circumstances, hatred is likely to be stirred up or fear is likely to be aroused thereby. It is a defence for an accused who is not shown to have intended to stir up hatred or arouse fear to prove they were not aware of the contents of the material or did not suspect, and had no reason to suspect, that it was threatening, abusive, or insulting.
It is an offence if a person distributes, shows, or plays, a recording of visual images or sounds which are threatening, abusive, or insulting, if they intend thereby to stir up hatred or arouse fear; or having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be aroused thereby.
A recording means any records in which visual image or sounds may be reproduced. It is a defence for an accused who is not shown to have intended to stir up hatred or fear to prove that they were not aware of the content of the recording and did not suspect, and had no reason to suspect, it was threatening, abusive, or insulting.
The provision does not apply to the showing or playing of a recording solely for the purpose of being included in a programme service.
If a programme involving threatening, abusive, or insulting visual images or sounds is included in a programme service, a person is guilty of an offence if they intend to stir up hatred or arouse fear; having regard to all the circumstances hatred is likely to be stirred up or fear is likely to be aroused. The offence may be committed by the person providing the programme service; producer, director and persons by whom the offending words or behaviour was used.
It is a defence to show that the person did not know and had no reason to suspect that the programme would involve the offending material; and having regard to the circumstances in which the programme was included in the service, it was not reasonably practicable for him to secure the removal of the material.
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 that the programme would be so or that the circumstances in which the programme would be so included would be such that hatred would likely to be stirred up and fear would be likely to be aroused. There are similar defences for persons using the offending words or behaviours as set out above.
A person who has in their possession written material which is threatening, abusive, or insulting or a recording, visual or sound recording of the same with a view in the case of it being displayed, published, distributed, included in a programme, shown, or played is guilty of an offence, if they intended to stir up fear, stir up hatred or fear to be aroused thereby, or having regard to all the circumstances, hatred is likely to be stirred up or fear was likely to be thereby aroused. Regard shall be had to such display, publication, distribution, showing, or playing, as they have, or it may reasonably be inferred they have, in view. It is a defence for an accused who is not shown to have intended to stir up hatred or arouse fear to prove that they were not aware of the content of the written material or recording and did not suspect, and had no reason to suspect, it was threatening, abusive, or insulting.
If a resident magistrate is satisfied on complaint on oath made by a constable that there are reasonable grounds for suspecting a person has in his possession written material or a recording in contravention of the above provisions, a warrant may be issued authorising the constable to enter and search the premises where it is suspected to be and to seize and remove anything reasonably suspected to be or include the material or recording. Reasonable force may be entered. The legislation does not apply to a fair and accurate report of proceedings in Parliament, the Assembly, or the Scottish Parliament. It does not apply to a fair and accurate report of proceedings publicly heard before a court or tribunal exercising judicial authority where the report is published contemporaneously with the proceedings or, if it is not reasonably practicable or would be unlawful to publish a report of them contemporaneously, as soon as publication is reasonably practicable and lawful.
A person guilty of an offence above is liable on summary conviction, to imprisonment up to six months or a fine not exceeding the statutory maximum, or on conviction on indictment, for a term up to seven years or to a fine, or both.