Incitement & Indecency

The Incitement to Disaffection Act 1934 is a UK statute applicable to Northern Ireland. It provides that a person who maliciously and advisedly endeavors to seduce any members of Her Majesty’s forces from duty, or whose duty or religion shall be to His Majesty, shall be guilty of an offense.

It is an offense for anyone with the intent to commit, aid, or abet, counsel, or procure the commission of the above offense to have in one’s possession or control any document of a nature that the dissemination of copies thereof among members of the forces would constitute such an offense.

Special powers for issuing search warrants are granted under the act. A person found guilty of an offense under the act is liable, upon conviction, to imprisonment for up to two years or a fine not exceeding £200. In summary conviction, the penalty can be up to four months imprisonment or a fine not exceeding £20.

Upon conviction, the court may make orders regarding documents, requiring documents connected with the offense to be destroyed or disposed of. The act is extended to Northern Ireland.

The Indecent Advertisements Act 1889 applies in Northern Ireland. Any person who affixes to a dwelling house wall, hoarding, gate, fence, post, tree, or anything else visible to a person passing along a street or highway, or inscribed on a public urinal, or delivers to any inhabitant or passerby on the street, footpath, or elsewhere, or exhibits for public view in the window of any house or shop any picture or printed material of an indecent or obscene nature is subject, upon summary conviction, to a fine of up to 40 shillings or one month’s imprisonment.

Whoever gives or delivers to other persons any such pictures or printed matter with the intent that they should be affixed, inscribed, delivered, etc., may be convicted of an offense and liable to a penalty not exceeding £5 or imprisonment for three months.

Any advertising related to nerve disability or other complaints or infirmities arising from or related to sexual intercourse shall be deemed to be of an indecent nature within the above section if it is affixed to or described on any house, building, wall, pillar, post, board, tree, or other thing visible to a person passing along the street, highway, or path or fixed on any public urinal or delivered or attempted to be delivered to any person passing along the street, highway, or footpath.