Content alleged to be likely to incite hatred will be considered in the full context of the programme and/or on-demand programme service in which it is made available. Intention will be relevant to determining if material is likely to incite hatred. However, intention may be inferred having regard to all the circumstances.
This requirement does not replace the applicable criminal law or give ATVOD powers which are the preserve of the law enforcement authorities.
Material likely to incite hatred could be contained in the spoken word, behaviour, visual images or audio sounds or a combination of all or any of these and is likely to include threatening behaviour or words.