3Viewing material online
Clause 3
11.Clause 3, as originally introduced, amended section 58 of the Terrorism Act 2000 to create an offence of viewing online material of a kind likely to be useful to a person committing or preparing acts of terrorism, where such material is viewed on three or more occasions over an indefinite period of time.
12.We expressed concern that viewing material online without any associated harm was an unjustified interference with the right to receive information. We were particularly concerned that the defence of reasonable excuse did not provide an explicit safeguard for legitimate activity, such as academic and journalistic research, as well as for those who viewed material with inquisitive or foolish minds.6
13.In its response the Government concedes that this clause is “imperfect and lacks sufficient clarity”.7 However, the Government has since tabled amendments to clause 3 which worsen the problem by removing the requirement for ‘3 clicks’ such that only ‘1 click’ would suffice to make out the offence.8 (The amendment also broadens the offence to include not just ‘viewing’ but ‘accessing the material in any way’.9)
14.Further, the Government’s amendment seeking to clarify the reasonable excuse defence raises further problems.10 The Government amendment provides that a reasonable excuse includes (but is not limited to) situations where “the person did not know, and had no reason to believe, that the document or record in question contained or was likely to contain, information of a kind likely to be useful to a person committing or preparing acts of terrorism.”11
15.Whilst we agree that inadvertent viewing or accessing of material must not be criminalised, this amendment does not reassure us that there will be adequate protection for legitimate conduct: persons with inquisitive minds may knowingly view such material without any intent to commit harm.
16.We therefore suggest the following range of amendments:
Amendment 6
To leave out Clause 3 of the Bill.
Amendment 7
Page 2, line 29, at the end insert–
“and the person intends to commit or encourage acts of terrorism.”
Comment: this amendment would insert a mens rea of intent so that the person viewing the information must intend to act on this information by committing or encouraging acts of terrorism.
Amendment 8
Page 2, line 29, at the end insert–
“and the person has viewed the material in a way which gives rise to a reasonable suspicion that the person is viewing that material with a view to committing a terrorist act”.
Comment: this amendment would require that the viewing of online material gives rise to a reasonable suspicion that the person viewing the material is doing so with a view to acting on this material by committing a terrorist act.
Amendment 9
Page 2, line 41, at end insert–
“(3B) The Secretary of State must issue guidance on what constitutes a reasonable excuse for the purposes of subsection (3)”
Comment: at present, there is no guidance as to what constitutes a ‘reasonable excuse’. This is left as a matter for the jury. This amendment would require the Secretary of State to issue guidance so that it is clear what types of conduct are considered ‘reasonable’, whilst recognising that the categories of reasonable conduct are not exhaustive.
6 HC/HL (2017–19) 1208/167, para 33
8 House of Commons, Notices of Amendments, Thursday 6 September, Amendment 2
9 House of Commons, Notices of Amendments, Thursday 6 September, Amendment 3
10 House of Commons, Notices of Amendments, Thursday 6 September, Amendment 4
11 House of Commons, Notices of Amendments, Thursday 6 September, Amendment 4
Published: 12 October 2018