Page:Terrorism Act 2006.pdf/8

4 (7) It is irrelevant for the purposes of this section whether anything mentioned in subsections (1) to (4) 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.

(8) For the purposes of this section it is also irrelevant, in relation to matter contained in any article whether any person—
 * (a) is in fact encouraged or induced by that matter to commit, prepare or instigate acts of terrorism; or
 * (b) in fact makes use of it in the commission or preparation of such acts.

(9) In proceedings for an offence under this section against a person in respect of conduct to which subsection (10) applies, it is a defence for him to show—
 * (a) that the matter by reference to which the publication in question was a terrorist publication neither expressed his views nor had his endorsement (whether by virtue of section 3 or otherwise); and
 * (b) that it was clear, in all the circumstances of the conduct, that that matter did not express his views and (apart from the possibility of his having been given and failed to comply with a notice under subsection (3) of that section) did not have his endorsement.

(10) This subsection applies to the conduct of a person to the extent that—
 * (a) the publication to which his conduct related contained matter by reference to which it was a terrorist publication by virtue of subsection (3)(a); and
 * (b) that person is not proved to have engaged in that conduct with the intention specified in subsection (1)(a).

(11) 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;
 * (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 exceeding the statutory maximum, or to both.

(12) 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 (11)(b) to 12 months is to be read as a reference to 6 months.

(13) In this section—
 * “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;
 * (c) matter to be looked at or watched.

3Application of ss. 1 and 2 to internet activity etc.

(1) This section applies for the purposes of sections 1 and 2 in relation to cases where—