A person who has in his possession written material which is threatening, or a recording of visual images or sounds which are threatening, with a view to—
in the case of written material, its being displayed, published, distributed, or included in a programme service whether by himself or another, or
in the case of a recording, its being distributed, shown, played, or included in a programme service, whether by himself or another,
is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
For this purpose regard shall be had to such display, publication, distribution, showing, playing, or inclusion in a programme service as he has, or it may reasonably be inferred that he has, in view.