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Dissemination of Terrorist Publications (Section 2 Terrorism Act 2006)

Terrorism Act 2006, s.2

  • Either way
  • 15 years' custody

Definition

"(1) A person commits an offence if he engages in conduct falling within subsection (2) and, at the time he does so: (a) he intends an effect of his conduct to be a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; (b) he intends an effect of his conduct to be the provision of assistance in the commission or preparation of such acts; or (c) he is reckless as to whether his conduct has an effect mentioned in paragraph (a) or (b). (2) For the purposes of this section a person engages in conduct falling within this subsection if he: (a) distributes or circulates a terrorist publication; (b) gives, sells or lends such a publication; (c) offers such a publication for sale or loan; (d) provides a service to others that enables them to obtain, read, listen to or look at such a publication, or to acquire it by means of a gift, sale or loan; (e) transmits the contents of such a publication electronically; or (f) has such a publication in his possession with a view to its becoming the subject of conduct falling within any of paragraphs (a) to (e)." (Terrorism Act 2006, s.2(1) and (2))

Points to prove

  1. The person engaged in conduct falling within s.2(2), namely distributing or circulating a terrorist publication, giving, selling or lending it, offering it for sale or loan, providing a service that enables others to obtain, read, listen to or look at it or to acquire it by gift, sale or loan, transmitting its contents electronically, or possessing it with a view to any of those (s.2(1) and (2))
  2. The publication was a terrorist publication, that is, matter in it was likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, or to be useful in the commission or preparation of such acts and understood as made available wholly or mainly for that purpose (s.2(3))
  3. At the time of the conduct, the person intended an effect of it to be a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, or intended an effect of it to be the provision of assistance in the commission or preparation of such acts, or was reckless as to whether it had either effect (s.2(1)(a) to (c))

Dissemination of Terrorist Publications (Section 2 Terrorism Act 2006) is an offence under s.2 Terrorism Act 2006. A person guilty of the offence is liable on conviction on indictment to imprisonment for a term not exceeding 15 years or to a fine, or to both, and on summary conviction in England and Wales to imprisonment for a term not exceeding the general limit in a magistrates' court or to a fine not exceeding the statutory maximum, or to both (s.2(11)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court (s.2(11)). Where a person is arrested under s.41 Terrorism Act 2000, detention is governed by Schedule 8 to that Act (s.41(2)). A review officer must periodically review detention: an officer of at least the rank of inspector for a review within 24 hours of arrest, and of at least the rank of superintendent for any later review (Schedule 8, para 24).

Last updated 19 October 2026. Reviewed 19 October 2026