Dissemination of terrorist publication under s.2 of the Terrorism Act 2006

Dissemination of terrorist publications is a serious offence in the United Kingdom, and is punishable by a term of imprisonment. The offence is defined under Section 2 of the Terrorism Act 2006, and covers a wide range of activities related to the distribution, circulation, and promotion of material that is likely to be useful to a person committing or preparing an act of terrorism.

Terrorist publications are broadly defined as any document, recording, or other material that is likely to be useful to a person committing or preparing an act of terrorism. This can include materials such as bomb-making manuals, propaganda videos, and other extremist material that promote violence and encourage the use of terrorist tactics.

The offence of dissemination of terrorist publications is designed to prevent the spread of extremist material, and to ensure that individuals who distribute such material are held accountable for their actions. The offence can be committed in a variety of ways, including online, through social media, or in person.

In order to prove the offence of dissemination of terrorist publications, the prosecution must establish that the material in question is likely to be useful to a person committing or preparing an act of terrorism. This can be a complex task, and may involve expert evidence from law enforcement agencies or counter-terrorism experts.

Once the prosecution has established that the material is likely to be useful to a person committing or preparing an act of terrorism, the defendant must then show that they had a reasonable excuse for distributing the material. This can include reasons such as academic research or journalistic activity, but the burden of proof lies with the defendant to demonstrate that their actions were reasonable and justified.

The offence of dissemination of terrorist publications carries a maximum sentence of 15 years imprisonment, and can also result in a fine or other ancillary orders such as a forfeiture order or a notification order under the Counter-Terrorism Act 2008.

The dissemination of terrorist publications is a serious offence that undermines public safety and promotes extremist ideologies. It is essential that individuals who engage in this activity are held accountable for their actions, and that the criminal justice system is equipped to deal with the complex and evolving threat posed by terrorism.

Law enforcement agencies in the UK have developed sophisticated strategies and techniques to combat the dissemination of terrorist publications, including online surveillance and monitoring of social media platforms.

The dissemination of material can also be done via social media platforms and with the increase of the use of mobile phones there has been an influx in the number of cases being investigated by the authorities.

However, it is important to note that in some cases, individuals may not be aware that the material they are disseminating is considered to be a terrorist publication. In such cases, ignorance of the law may be a possible defence, although this defence is unlikely to succeed if the individual has acted recklessly or with intent.

In addition, individuals who have been coerced or manipulated into disseminating terrorist publications may be able to use the defence of duress or coercion. This defence may be available if the individual can show that they were compelled to commit the offence under the threat of violence or other harm.

However, the defence of duress or coercion is only available in limited circumstances, and is unlikely to succeed if the individual had a choice as to whether or not to disseminate the material.

Individuals must be aware that simply forwarding a video, book or manual which is likely to be useful to a person committing or preparing an act of terrorism may be committing an offence of dissemination of terrorist publication even where it may be considered that such dissemination was done in innocent circumstances.

Tariq Khan LL.B (Hons)

Grays Defence Solicitors