Terrorism Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 1 — Offences
1

A
Bill
[AS AMENDED IN THE COMMITTEE]
To
make provision for and about offences relating to conduct carried out, or
capable of being carried out, for purposes connected with terrorism; to amend
enactments relating to terrorism; to amend the Intelligence Services Act 1994
and the Regulation of Investigatory Powers Act 2000; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Offences
Encouragement etc. of terrorism
1
Encouragement of terrorism
(1)
A person commits an offence if—
5
(a)
he publishes a statement or causes another to publish a statement on his
behalf; and
(b)
at the time he does so—
(i)
he knows or believes, or
(ii)
he has reasonable grounds for believing,
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that members of the public to whom the statement is or is to be
published are likely to understand it as a direct or indirect
encouragement or other inducement to the commission, preparation or
instigation of acts of terrorism or Convention offences.
(2)
For the purposes of this section the statements that are likely to be understood
15
by members of the public as indirectly encouraging the commission or

Bill 77 54/1

Terrorism Bill
Part 1 — Offences
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preparation of acts of terrorism or Convention offences include every
statement which—
(a)
glorifies the commission or preparation (whether in the past, in the
future or generally) of such acts or offences; and
(b)
is a statement from which those members of the public could
5
reasonably be expected to infer that what is being glorified is being
glorified as conduct that should be emulated in existing circumstances.
(3)
For the purposes of this section the questions what it would be reasonable to
believe about how members of the public will understand a statement and
what they could reasonably be expected to infer from a statement must be
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determined having regard both—
(a)
to the contents of the statement as a whole; and
(b)
to the circumstances and manner in which it is or is to be published.
(4)
It is irrelevant for the purposes of subsections (1) and (2)—
(a)
whether the statement relates to the commission, preparation or
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instigation of one or more particular acts of terrorism or Convention
offences, of acts of terrorism or Convention offences of a particular
description or of acts of terrorism or Convention offences generally;
and
(b)
whether any person is in fact encouraged or induced by the statement
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to commit, prepare or instigate any such act or offence.
(5)
In proceedings against a person for an offence under this section it is a defence
for him to show—
(a)
that he published the statement in respect of which he is charged, or
caused it to be published, only in the course of the provision or use by
25
him of a service provided electronically;
(b)
that the statement neither expressed his views nor had his endorsement
(whether by virtue of section 3 or otherwise); and
(c)
that it was clear, in all the circumstances, that it did not express his
views and (apart from the possibility of his having been given and
30
failed to comply with a notice under subsection (3) of that section) did
not have his endorsement.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
7 years or to a fine, or to both;
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(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
40
exceeding the statutory maximum, or to both.
(7)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (6)(b) to 12
months is to be read as a reference to 6 months.
2
Dissemination of terrorist publications
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(1)
A person commits an offence if he—
(a)
distributes or circulates a terrorist publication;

Terrorism Bill
Part 1 — Offences
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(b)
gives, sells or lends such a publication;
(c)
offers such a publication for sale or loan;
(d)
provides a service to others that enables them to obtain, read, listen to
or look at such a publication, or to acquire it by means of a gift, sale or
loan;
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(e)
transmits the contents of such a publication electronically; or
(f)
has such a publication in his possession with a view to its becoming the
subject of conduct falling within any of paragraphs (a) to (e).
(2)
For the purposes of this section a publication is a terrorist publication, in
relation to conduct falling within subsection (1)(a) to (f) if matter contained in
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it constitutes, in the context of that conduct—
(a)
a direct or indirect encouragement or other inducement to the
commission, preparation or instigation of acts of terrorism; or
(b)
information of assistance in the commission or preparation of such acts.
(3)
In the context of conduct falling within subsection (1)(a) to (f), matter
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constitutes a direct or indirect encouragement or other inducement to the
commission, preparation or instigation of acts of terrorism if, and only if, it is
likely to be understood as such an encouragement or other inducement by
some or all of the persons to whom it is or is likely to be available in
consequence of that conduct.
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(4)
For the purposes of this section matter that is likely to be understood by a
person as indirectly encouraging the commission or preparation of acts of
terrorism includes any matter which—
(a)
glorifies the commission or preparation (whether in the past, in the
future or generally) of such acts; and
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(b)
is matter from which that person could reasonably be expected to infer
that what is being glorified is being glorified as conduct that should be
emulated in existing circumstances.
(5)
In the context of conduct falling within subsection (1)(a) to (f), matter
constitutes information of assistance in the commission or preparation of acts
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of terrorism if, and only if—
(a)
it is information that is capable of being useful in the commission or
preparation of such acts; and
(b)
it is likely to be understood, by some or all of the persons to whom it is
or is likely to be available in consequence of that conduct, as contained
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in the publication wholly or mainly for the purpose of being so useful.
(6)
For the purposes of this section the question whether a publication is a terrorist
publication in the context of particular conduct must be determined—
(a)
as at the time of that conduct; and
(b)
having regard both to the contents of the publication as a whole and to
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the circumstances in which that conduct occurs.
(7)
It is irrelevant for the purposes of this section whether—
(a)
what is likely to be understood as an encouragement or other
inducement, or
(b)
the usefulness mentioned in subsection (5),
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is in relation to the commission, preparation or instigation of one or more
particular acts of terrorism, of acts of terrorism of a particular description or of
acts of terrorism generally.

Terrorism Bill
Part 1 — Offences
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(8)
In proceedings against a person for an offence under this section it is a defence
for him to show—
(a)
that he had not examined the publication in respect of which he is
charged;
(b)
that he had no reasonable grounds for suspecting that it was a terrorist
5
publication; and
(c)
that the matter contained in the publication by reference to which it was
a terrorist publication did not have his endorsement (whether by virtue
of section 3 or otherwise).
(9)
In proceedings against a person for an offence under this section in respect of
10
any conduct falling within subsection (1)(a) to (f) it is a defence for him to
show—
(a)
that he engaged in that conduct only in the course of, or in connection
with, the provision or use by him of a service provided electronically;
(b)
that the publication to which the conduct related, so far as it contained
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matter by reference to which it was a terrorist publication by virtue of
subsection (2)(a), neither expressed his views nor had his endorsement
(whether by virtue of section 3 or otherwise);
(c)
that it was clear in all the circumstances that the publication, so far as it
contained such matter, did not express his views and (apart from the
20
possibility of his having been given and failed to comply with a notice
under subsection (3) of that section) did not have his endorsement; and
(d)
that the conduct in relation to that publication, so far as it contained
matter by reference to which it was a terrorist publication by virtue of
subsection (2)(b), was not intended by him to provide or make available
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assistance to any person in the commission or preparation of acts of
terrorism.
(10)
A person guilty of an offence under this section shall be liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
7 years or to a fine, or to both;
30
(b)
on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine not exceeding the statutory
maximum, or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
35
exceeding the statutory maximum, or to both.
(11)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (10)(b) to 12
months is to be read as a reference to 6 months.
(12)
In this section
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“lend” includes let on hire, and “loan” is to be construed accordingly;
“publication” means an article or record of any description that contains
any of the following, or any combination of them—
(a)
matter to be read;
(b)
matter to be listened to;
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(c)
matter to be looked at or watched.