IRR of anti-terror law released
The Anti- Terror Council ( ATC) published on Friday night the implementing rules and regulations (IRR) of the Anti-Terror Act of 2020, which emphasized that speeches, proclamations, writings, emblems and banners, among others, could be considered as forms of inciting to commit terrorism.
In the 48-page IRR, inciting to commit terrorism is defined as an act of an individual who does not directly take part in the commission of terrorism, but incites others to commit terroristic activities as defined in Section 4 of the law.
“There is incitement to commit terrorism… when a person who does not take any direct part in the commission of terrorism incites others to the commission of the same
in whatever form by means of speeches, proclamations, writings, emblems, banners or other representation,” the IRR stated.
The IRR also emphasized that incitement to commit terrorism is present when it “is done under circumstances that show reasonable probability of success in inciting the commission of terrorism.”
But it emphasized that the context, speaker or the actor, intent, content and form, extent of the speech or act and the causation should be considered in determining the existence of reasonable probability of speeches, proclamations, writings, emblems, banners and the like.
It stated that violators of the provision of the law will be penalized with imprisonment of 12 years.
As part of the so- called “safety net” of the law, the IRR clarified that advocacy, protest, dissent, stoppage of work, industrial or mass action, creative, artistic and cultural expression or other similar exercises of civil and political rights are not considered terrorism.
But the IRR stated that any exercises of civil and political rights intended to cause death or serious physical harm to anybody, to endanger a person’s life or to create serious risk to public safety are punishable for the crime of terrorism.
“The burden of proving such intent lies with the prosecution arm of the government,” the IRR stated.
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