Part 1: Espionage, sabotage and persons acting for foreign powers Foreign interference Section 15: Foreign interference: meaning of "prohibited conduct"
Section 15 sets out what is meant by prohibited conduct in section 13.
	Conduct is prohibited conduct if: it constitutes a criminal offence (subsection (1)); it involves coercion of any kind (subsection (2)), or it involves making a misrepresentation (subsection (3)).
	Subsection (1)(b) provides that conduct that takes place outside the UK will be prohibited conduct if it would constitute an offence if it took place in any part of the UK.
	Subsection (2) provides that the conduct can involve coercion of any kind and sets out an indicative list of means by which coercion may be carried out:
using or threatening to use violence against a person;
damaging or destroying, or threatening to damage and destroy, a person’s property;
damaging or threatening to damage a person’s reputation;
causing or threatening to cause financial loss to a person.
causing spiritual injury to, or placing undue spiritual pressure on, a person;
	Subsection (2) also makes clear that the coercion can be directed at a person other than the person to whom the interference effect relates. For example, A can threaten to use violence against B in order to coerce C.
	Subsections (3) to (6) are concerned with prohibited conduct that involves making a misrepresentation.
	Subsection (4) sets out two-part test to determine whether a representation is a misrepresentation. The first limb is an objective test: would a reasonable person consider the representation to be false or misleading in a way that is material to the interference effect. The second limb is a subjective one: did the person making the representation know or intend it to be false or misleading in a way material to the interference effect.
	Subsection (5) provides that a representation may include making a statement or by any other kind of conduct and may be either express or implied. Subsection (6) states that a misrepresentation may include
a misrepresentation as to a person’s identity or purpose;
presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
	Subsection (7) states that "interference effect" has the meaning given by section 14.
Example (1): where P is reckless as to whether their conduct will have the effect in section 14(1)(a)
Person A, working for a foreign power solely for financial gain, is instructed to threaten members of a diaspora community in the UK. Person A infiltrates a community cultural organisation after posing as a businessman and targets Person B. Person B is deliberately targeted because they are vocal in their views which are contrary to the foreign power’s foreign policy. Person A goes on to threaten to hurt Person B and their family if they do not return to their country. As part of this, there is a risk that Person B would have to also renounce their views.
Example (2): where P is reckless as to whether their conduct will have the effect in section 14(1)(b)
Person C works for a UK-based business that is owned by a foreign power. This work, which can be traced directly to a foreign intelligence service, involves cultivating relationships to obtain sensitive information on MPs. Once that sensitive information is obtained, the foreign power ensures Person C uses this as leverage, through coercive means, to ensure that particular MPs distort legitimate debates and vote and speak on particular issues in ways that are favourable to that foreign power. C is instructed to cultivate relationships with members of Parliament and this is their only intention. C is aware that their conduct could have an interference effect.
Example (3): where conduct is intended have the effect in section 14(1)(c)
A foreign power runs a ‘troll farm’ that employs people to make deliberately offensive or provocative online posts to cause conflict or to manipulate public opinion. The troll farm uses a variety of tools to spread disinformation and engages in other harmful online activity designed to manipulate public opinion, to sow discord within society, and to undermine public confidence in HMG. The troll farm uses coordinated inauthentic behaviour and online manipulation to create and amplify disinformation about the effectiveness and supposed side effects of children’s vaccines. The troll farm uses misrepresentations and false identities to infiltrate legitimate debate. Through its use of the troll farm, the foreign power seeks to undermine the take-up of public health services by amplifying an existing ‘wedge’ issue to fragment societal cohesion.
Example (4): where conduct is intended have the effect in section 14(1)(d)
Person D is a foreign national living in the UK and, through funding from his home country, has become influential within the diaspora community in the UK. During an election campaign D deliberately spreads false information about a candidate amongst members of that community, with the intention of undermining the candidate’s election chances. Alongside spreading false information, Person D threatens members of the diaspora community to vote for Person E instead – Person E is known publicly to have strong links to the foreign power and is reportedly a former member of that country’s intelligence service. As a result of individuals being misled and threatened to vote in a way that is intended to benefit a foreign power, their ability to engage legitimately in the election is undermined.
Example (5): where conduct is intended have the effect in section 14(1)(e)
Person F, a suspected agent of a foreign power, is standing trial for a criminal offence in the UK. Person G, with links to the same foreign power, is tasked by that foreign power to influence the court case to provide a more favourable outcome for the foreign power. Person G deliberately targets Person H, a member of the jury, by intimidating them. Person G then ensures that Person H engages in conduct designed to sway the outcome of the court case in favour of the foreign power.