(3) In any proceedings for an offence under subsection (2), it is a defence for the accused person to prove—
- (a) that he had no reason to believe that the words or behaviour used, or the communication made, by him would be heard, seen or otherwise perceived by the victim; or
- (b) that his conduct was reasonable.
Illustration
X and Y are classmates. X posts a vulgar tirade against Y on a website accessible to all of their classmates. One of Y's classmates shows the message on the website to Y, and Y is distressed. X is guilty of an offence under this section.
Fear or provocation of violence
5.—(1) No person shall by any means use towards another person (referred to for the purposes of this section as the victim) any threatening, abusive or insulting words or behaviour, or make any threatening, abusive or insulting communication to another person (referred to also for the purposes of this section as the victim), either—
- (a) with the intent
- (i) to cause the victim to believe that unlawful violence will be used by any person against the victim or any other person; or
- (ii) to provoke the use of unlawful violence by the victim or another person against any other person; or
- (b) whereby
- (i) the victim is likely to believe that such violence referred to in paragraph (a)(i) will be used; or
- (ii) it is likely that such violence referred to in paragraph (a)(ii) will be provoked.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
