Section 17 criminalises the creation or publication of material relating to unlawful immigration services online on internet services, including social media platforms.
	Subsection (1) sets out that a person will have committed an offence if they have created (or caused the creation of) material and knows or suspects that the material will be published on an internet service and has the purpose or will have the effect of promoting unlawful immigration services.
	Subsection (2) sets out that a person will have committed an offence if they have published (or caused the publication) of material and the purpose or effect of the material is to promote an unlawful immigration service and the person knows or has reason to suspect that is the case.
	Subsection (3) sets out express defences for content posted for journalism or academic research purposes which is not in scope of the offence.
	Subsection (4) outlines that a person who commits an offence under this section is liable on summary conviction in England and Wales to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both). On summary conviction in Scotland, they are liable to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both). On summary conviction in Northern Ireland, they are liable to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both). A person who commits the offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding five5 years or a fine (or both).
	Subsection (5) defines "material" as anything which consists of text, moving or still images or speech or music.
	Subsection (6) defines an "unlawful immigration service" as a service that facilitates a breach of an offence under any of the Immigration Acts, a breach of immigration law other than an offence, or an offence under sections 4, 5, or 6 of the Identity Document Act 2010. Immigration law is defined by section 25(2) of the Immigration Act 1971. Sections 4, 5, and 6 of the Identity Act concern the possession of false identity documents and possession of apparatus designed to create false documents. Subsection (6) also limits the types of identity document concerned to immigration documents or passports issued in the UK or elsewhere.
	Subsection (7) defines publishing to mean making content available to the public at large or any section of the public.
	Subsection (8) defines an internet service as a service that is made available by the internet or a combination of the internet and an electronic communications service.
	Subsection (9) outlines that this section is subject to section 18.
Part 1: Border Security Offences relating to articles or information for use in immigration crime Section 17: Online advertising of unlawful immigration services