Offences Against the State Act 1939
Definitions.
2.—In this Act—
the word “organisation” includes associations, societies, and other organisations or combinations of persons of whatsoever nature or kind, whether known or not known by a distinctive name;
the word “document” includes a book and also a newspaper, magazine, or other periodical publication, and also a pamphlet leaflet, circular, or advertisement F1[and also—
(a) any map, plan, graph or drawing,
(b) any photograph,
(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
(d) any film, microfilm, negative, tape or other device in which one or more visual images are embodied (whether with or without sounds or other data) so as to be capable (as aforesaid) of being reproduced therefrom and a reproduction or still reproduction of the image or images embodied therein whether enlarged or not and whether with or without sounds or other data];
the expression “incriminating document” means a document of whatsoever date, or bearing no date, issued by or emanating from an unlawful organisation or appearing to be so issued or so to emanate or purporting or appearing to aid or abet any such organisation or calculated to promote the formation of an unlawful organisation;
the expression “treasonable document” includes a document which relates directly or indirectly to the commission of treason; the expression “seditious document” includes—
(a) a document consisting of or containing matter calculated or tending to undermine the public order or the authority of the State, and
(b) a document which alleges, implies, or suggests or is calculated to suggest that the government functioning under the Constitution is not the lawful government of the State or that there is in existence in the State any body or organisation not functioning under the Constitution which is entitled to be recognised as being the government of the country, and
(c) a document which alleges, implies, or suggests or is calculated to suggest that the military forces maintained under the Constitution are not the lawful military forces of the State, or that there is in existence in the State a body or organisation not established and maintained by virtue of the Constitution which is entitled to be recognised as a military force, and
(d) a document in which words, abbreviations, or symbols referable to a military body are used in referring to an unlawful organisation;
the word “offence” includes treason, felonies, misdemeanours, and statutory and other offences;
references to printing include every mode of representing or reproducing words in a visible form, and the word “print” and all cognate words shall be construed accordingly.
Annotations
Amendments:
F1
Inserted (3.12.1972) by Offences Against the State (Amendment) Act 1972 (26/1972), s. 5, commenced on enactment.
