Basy Lys |
25 juli 2007 10:48 |
De Britse Public Order Act van 1986 die reeds de bestraffing van "racial hatred" mogelijk maakte, werd in 2006 uitgebreid met "religious hatred".
In this Part “racial hatred” means hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
In this Part “religious hatred” means hatred against a group of persons defined by reference to religious belief or lack of religious belief.”
In de tekst in The UK Statute Law Database is het amendement nog niet opgenomen.
18.
Use of words or behaviour or display of written material.
— (1) 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—
(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) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(4) In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
(5) A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not intend his words or behaviour, or the written material, to be, and was not aware that it might be, threatening, abusive or insulting.
(6) This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme [F10 included in a programme service].
19.
Publishing or distributing written material.
— (1) A person who publishes or distributes written material which is 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 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 material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
(3) References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.
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 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.
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