No on both counts.
I don't know where mens rea comes into this with this Act because if it does, then I find it hard to imagine how there could ever be any safe prosecutions under this Act. Yet the Partick fan who made sectarian comments specifically with the intention to offend is allowed to walk..... And so he should, but that was one of the few absolute slam dunk, home run, open goal convictions you could ever hope to get and he was let off as he "wasn't the type of person" the law was introduced for.
So if the song doesn't contain any offensive lyrics how is it deemed offensive then?
