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Preparation and possession of material likely to stir up hatred.
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4.—(1) It shall be an offence for a person—
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(a) to prepare or be in possession of any written material with a view to its being distributed, displayed, broadcast or otherwise published, in the State or elsewhere, whether by himself or another, or
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(b) to make or be in possession of a recording of sounds or visual images with a view to its being distributed, shown, played, broadcast or otherwise published, in the State or elsewhere, whether by himself or another,
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if the material or recording is threatening, abusive or insulting and is intended or, having regard to all the circumstances, including such distribution, display, broadcasting, showing, playing or other publication thereof as the person has, or it may reasonably be inferred that he has, in view, is likely to stir up hatred.
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(2) In proceedings for an offence under this section, 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.
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(3) In proceedings for an offence under this section, where it is proved that the accused person was in possession of material or a recording such as is referred to in subsection (1) and it is reasonable to assume that the material or recording was not intended for the personal use of the person, he shall be presumed, until the contrary is proved, to have been in possession of the material or recording in contravention of subsection (1).
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