Actions likely to stir up hatred.
2.—(1) It shall be an offence for a person—
(a) to publish or distribute written material,
(b) to use words, behave or display written material—
(i) in any place other than inside a private residence, or
(ii) inside a private residence so that the words, behaviour or material are heard or seen by persons outside the residence,
(c) to distribute, show or play a recording of visual images or sounds,
if the written material, words, behaviour, visual images or sounds, as the case may be, are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred.
(2) (a) In proceedings for an offence under subsection (1), if the accused person is not shown to have intended to stir up hatred, it shall be a defence for him to prove that he was not aware of the content of the material or recording concerned and did not suspect, and had no reason to suspect, that the material or recording was threatening, abusive or insulting.
(b) In proceedings for an offence under subsection (1) (b), it shall be a defence for the accused person—
(i) to prove that he was inside a private residence at the relevant time and had no reason to believe that the words, behaviour or material concerned would be heard or seen by a person outside the residence, or
(ii) if he is not shown to have intended to stir up hatred, to prove that he did not intend the words, behaviour or material concerned to be, and was not aware that they might be, threatening, abusive or insulting.
(3) In this section “private residence” means any structure (including a tent, caravan, vehicle, vessel or other temporary or moveable structure) or part of such a structure used as a dwelling but does not include any part not so used or any part in which a public meeting is being held; and in this definition “public meeting” means a meeting at which the public are entitled to be present, on payment or otherwise and as of right or by virtue of an express or implied permission.