The offence
Section 1 of the Terrorism Act 2006 makes it an offence to publish a statement, or cause a statement to be published, that is likely to be understood as a direct or indirect encouragement of terrorism, intending its effect, or being reckless as to it. The offence carries up to 15 years’ imprisonment on indictment.
Defences
- The statement was not likely to be understood as encouraging terrorism
- No intent and no recklessness
- A statutory defence for academic, journalistic or political expression in limited circumstances
- Disputed authorship or context
Sentencing
The offence carries up to 15 years on indictment. The guidelines assess the reach of the statement, the intent, and the risk of its being acted upon.
Frequently asked questions
It can be, where it is likely to be understood as encouraging terrorism and the intent or recklessness requirements are met. The context and intent are central.
There is a statutory defence for academic or journalistic publication in limited circumstances, which we advise on.
Up to 15 years’ imprisonment on indictment.