
Originally Posted by
Begbie
This appears to contradict the Public Order Act of 1986, namely incitement to racial hatred.
(3)
If the person providing the service, or a person by whom
the programme
was produced or directed, is not shown to have
intended to
stir up racial hatred, it is a defence for him to prove
that-
(a)
he did not know and had no reason to suspect that the
programme would involve the offending
material, and
(b)
having regard to the circumstances in which the programme
was
broadcast, or included in a cable programme
service, it was
not reasonably practicable for
him
to secure the removal of the material.
(4)
It is a defence for a person by whom the programme was
produced or directed
who is not shown to have intended to stir
up
racial hatred to prove that he did not know and had no
reason
to suspect
(a)
that the programme would be broadcast or included in
a
cable programme service, or
16
c. 64 Public Order Act 1986
PART
III (b) that the circumstances in which the programme would
be
broadcast or so included would be such that racial
hatred
would be likely to be stirred up.
(5)
It is a defence for a person by whom offending words or
behaviour
were used and who is not shown to have intended
to
stir up racial hatred to prove that he did not know and had
no
reason to suspect-
(a)
that a programme involving the use of the offending
material would
be broadcast or included in a cable
programme
service, or
(b)
that the circumstances in which a programme involving
the
use of the offending material would be broadcast,
or
so included, or in which a programme broadcast
or
so included would involve the use of the offending
material, would
be such that racial hatred would be
likely
to be stirred up.
(6)
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 know,
and had no reason to suspect, that the offending
material
was threatening, abusive or insulting.
(7)
This section does not apply-
(a)
to the broadcasting of a programme by the British
Broadcasting
Corporation or the Independent Broadcasting
Authority, or
(b)
to the inclusion of a programme in a cable programme
service
by the reception and immediate re-transmissionof a broadcast by either of those authorities.
Para' 7 is interesting in that it appears that the BBC are exempt from this section of the act.