Judgment Approved by the court for handing down. Miranda v SSHD public and (iv) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause. 40. Laws LJ accepted that the definition of terrorism in section 1 is very broad. But after referring to the Supreme Court’s concern at the potential breadth of the definition of terrorism in the case of R v Gul [2014] AC 1260, [2013] UKSC 64, he said at para 29: “With great respect, the bare proposition that the definition of terrorism in section 1 is very wide or far reaching does not of itself instruct us very deeply in the proper use of Schedule 7. There are however particular aspects which seem to me to be important for the ascertainment of the reach of the Schedule. First, section 1 does not create a criminal offence. The Act creates a separate regime of criminal offences: section 54 ff. That being so, we should not assume that foundational concepts of the criminal law, such as intention and recklessness, are to be read into provisions such as section 1(2)(c) (“endangers a person’s life”) or 1(2)(d) (“creates a serious risk to the health or safety of the public”). Section 1(2) is concerned only to define the categories of “action” whose use or threat may constitute terrorism: not to impose any accompanying mental element. Similarly, the expression “concerned in” in section 40(1)(b) is not to be taken to import the criteria for guilt as a secondary party which the criminal law requires in a case of joint enterprise”. 41. At para 33, he accepted the submission of Mr Kovats QC that: “the section 1 definition is ‘capable of covering the publication or threatened publication [for the purpose of advancing a political, religious, racial or ideological cause] of stolen classified information which, if published, would reveal personal details of members of the armed forces or security and intelligence agencies, thereby endangering their lives, where that publication or threatened publication is designed to influence government policy on the activities of the security and intelligence agencies’: section 1(1)(b) and (c), and (2)(c).” 42. At para 35, he said: “The Article 19 Interveners also submit (paragraph 39) that ‘a reading of section 40(1)(b) which permits the type of activity carried out by [the claimant] to fall within the definition [set out in the subsection] is overbroad and inconsistent with wellrecognised international principles that media reporting on terrorism ought not to be considered equivalent to assisting terrorists”. They cite a number of materials, including a declaration of the Committee of Ministers of the Council of Europe adopted in 2005, calling upon Member States to “refrain from adopting measures equating media reporting on terrorism with support for terrorism”. This mischaracterises the

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