Commentary Definitions Subsections (4) and (6)
95.Subsection (4)defines the term “publishing a statement”, for the purposes of Part 1 of the Act. This definition covers references to publication in the offence of encouragement of terrorism in section 1. The definition does not include references to publication in section 2, due to the fact that publication for the purposes of section 2 is already defined in section 2(13). The definition in subsection (4) includes publishing a statement in any manner to the public, providing an electronic service by which means the public have access to the statement, or using an electronic service provided by another in relation to the material supplied by him so as to enable the public to have access to the statement. The second limb of the definition will include internet service providers. The third limb of the definition will include those who run websites that contain message boards and those that post messages on such message boards. Subsection (6)clarifies references to a statement, detailing that these are references to a communication of any description and are not limited to words. This means that images such as videos will be covered.