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Comment by milesrout

4 months ago

Where does it say discussion of those offences is illegal content? It says "content that amounts to a relevant offence". Frustratingly that is nonsensical: content surely cannot "amount to an offence" in and of itself. Offences have elements, which fall into two categories: actus reus and mens rea. And "content" cannot be either. Perhaps posting some content or possessing some content is the actus reus of an offence but the content itself does not seem to me to sensibly be able to be regarded as "amounting to an offence" any more than a knife "amounts to an offence". A knife might be used in a violent offence or might be possessed as a weapons possession offence but it makes no sense to me to say that the knife "amounts to an offence".

Either way, the point of that document in aggregate seems to be that "illegal content" is content that falls afoul of existing criminal law already: (possession and distribution of) terrorist training material is already illegal and so it is illegal content. But saying that you committed an offence is not, in and of itself, an offence, so saying you took drugs at university doesn't seem to me like it could be illegal content. Encouraging people to do so might be, but it already is.

Maybe I missed the bit where it says discussing things is illegal, so correct me if I am wrong.

Not your lawyer not legal advice etc etc