HC Deb 30 June 2003 vol 408 cc13-4W
Bob Spink

To ask the Secretary of State for the Home Department what sanctions are available to prevent people from(a) receiving, (b) downloading and (c) storing materials (i) on the internet and (ii) from satellite TV which are likely to incite racial hatred; and if he will make a statement. [120938]

Fiona Mactaggart

Section 23 of the Public Order Act 1986 makes it an offence for a person to possess a recording of visual images or sounds which are threatening, abusive or insulting, with a view to their being distributed, shown, played, broadcast or included in a cable programme service, if they are intended or likely to stir up racial hatred. This law applies to material broadcast via satellite television or on the internet which comes within UK jurisdiction. The Anti-terrorism, Crime and Security Act 2001 increased the maximum penalty for incitement to racial hatred from two to seven years' imprisonment.

The investigation of possible breaches of these laws is an operational matter for the police and then the Crown Prosecution Service to pursue.

Bob Spink

To ask the Secretary of State for the Home Department what action can be taken against companies which make available material likely to incite race-hatred on satellite TV in the UK; and if he will make a statement. [120939]

Fiona Mactaggart

Under Section 22 of the Public Order Act 1986 any person making or participating in a broadcast or cable service programme involving threatening, abusive or insulting visual images is guilty of an offence if it is intended, or likely, to stir up racial hatred. Section 23 of the Act makes it an offence for a person to possess a recording of visual images or sounds which are threatening, abusive or insulting with a view to its being distributed, shown, played, broadcast or included in a cable programme service, if it is intended or likely to stir up racial hatred. The offences now carry a maximum penalty of seven years' imprisonment.

Additionally, under Section 43 of the Telecommunications Act 1984 it is an offence for a person to send, by means of a public telecommunication system, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.

There may be jurisdictional problems in dealing with the broadcasting of racist satellite programmes from overseas into the UK. It is of course for the police and prosecuting authorities to decide whether to pursue proceedings, and for the courts to decide, in all the circumstances, whether an offence has been committed.