Section 23 Possession of racially inflammatory material.

(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 ~~F1displayed, published, distributed,~~ ~~F2or~~ included in a cable programme service, whether by himself or another, or

(b)

in the case of a recording, its being ~~F3distributed, shown, played,~~ or 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 ~~F4display, publication, distribution, showing, playing,~~ ~~F5or~~ 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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Annotations

Textual amendments

F1: Words in s. 23(1)(a) repealed (S.) (1.4.2024) by Hate Crime and Public Order (Scotland) Act 2021 (asp 14), s. 21(2), sch. 2 para. 1(3)(a); S.S.I. 2024/82, reg. 2 (with reg. 3)
F2: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 164(4)(a)
F3: Words in s. 23(1)(b) repealed (S.) (1.4.2024) by Hate Crime and Public Order (Scotland) Act 2021 (asp 14), s. 21(2), sch. 2 para. 1(3)(b); S.S.I. 2024/82, reg. 2 (with reg. 3)
F4: Words in s. 23(2) repealed (S.) (1.4.2024) by Hate Crime and Public Order (Scotland) Act 2021 (asp 14), s. 21(2), sch. 2 para. 1(3)(c); S.S.I. 2024/82, reg. 2 (with reg. 3)
F5: Words substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 164(4)(b)
F6: S. 23(4) repealed by Broadcasting Act 1990 (c. 42, SIF 96), ss. 164(4)(c), 203(3), Sch. 21