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Tobacco Advertising and Promotion Bill
 
 

 
 
A

B I L L

[AS AMENDED IN STANDING COMMITTEE A]

TO

Control the advertising and promotion of tobacco products; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

Meaning of "tobacco advertisement" and "tobacco product".     1. In this Act-
 
 
    "tobacco advertisement" means an advertisement-
 
      (a) whose purpose is to promote a tobacco product, or
 
      (b) whose effect is to do so, and
 
    "tobacco product" means a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed.
Prohibition of tobacco advertising.     2. - (1) A person who in the course of a business publishes a tobacco advertisement, or causes one to be published, in the United Kingdom is guilty of an offence.
 
      (2) A person who in the course of a business prints, devises or distributes in the United Kingdom a tobacco advertisement which is published in the United Kingdom, or causes such a tobacco advertisement to be so printed, devised or distributed, is guilty of an offence.
 
      (3) Publishing or distributing a tobacco advertisement includes publishing or distributing something else which is accompanied by a separate entity containing, or being, a tobacco advertisement.
 
      (4) Distributing a tobacco advertisement includes transmitting it in electronic form, participating in doing so, and providing the means of transmission.
 
      (5) It is not an offence under subsection (1) for a person who does not carry on business in the United Kingdom to publish or cause to be published a tobacco advertisement by means of a website which is accessed in the United Kingdom; and, in that case, devising the advertisement or causing it to be devised is not an offence under subsection (2).
 
Advertising: newspapers, periodicals etc.     3. If a newspaper, periodical or other publication ("the publication") containing a tobacco advertisement is in the course of a business published in the United Kingdom-
 
 
    (a) any proprietor or editor of the publication is guilty of an offence,
 
    (b) any person who (directly or indirectly) procured the inclusion of the advertisement in the publication is guilty of an offence, and
 
    (c) any person who sells the publication, or offers it for sale, or otherwise makes it available to the public, is guilty of an offence.
Advertising: exclusions.     4. - (1) No offence is committed under section 2 or 3 in relation to a tobacco advertisement-
 
 
    (a) if it is, or is contained in, a communication made for the purposes of the tobacco trade and directed solely at persons engaged in any capacity in that trade (even if they are also engaged in another trade),
 
    (b) if it is, or is contained in, the communication made in reply to a particular request by an individual for information about a tobacco product,
 
    (c) if it is contained in a publication (other than an in-flight magazine) which is printed outside the United Kingdom and whose principal market is not the United Kingdom (or any part of it), or if it is contained in any internet version of such a publication, or
 
    (d) if it is contained in an in-flight magazine provided on board an aircraft by an airline which is not a United Kingdom airline.
      (2) The appropriate Minister may provide in regulations that no offence is committed under section 2 in relation to a tobacco advertisement which-
 
 
    (a) is in a place or on a website where tobacco products are offered for sale, and
 
    (b) complies with requirements specified in the regulations.
      (3) The regulations may, in particular, provide for the meaning of "place" in subsection (2)(a).
 
      (4) In subsection (1)(d), "United Kingdom airline" means an undertaking falling within section 4(2) of the Civil Aviation Act 1982, other than one appearing to the Civil Aviation Authority to have its principal place of business in the Channel Islands or the Isle of Man.
 
Advertising: defences.     5. - (1) It is a defence for a person charged with an offence under section 2 or section 3(a) or (b), in connection with an advertisement whose purpose is to promote a tobacco product, to prove that he did not know, and had no reason to suspect, that the purpose of the advertisement was to promote a tobacco product.
 
      (2) It is a defence for a person charged with such an offence in connection with an advertisement whose effect is to promote a tobacco product to prove that he could not reasonably have foreseen that that would be the effect of the advertisement.
 
      (3) It is a defence for a person charged with an offence under section 2(2) or 3(a) or (b) to prove that he did not know, and had no reason to suspect, that the tobacco advertisement would be published in the United Kingdom.
 
      (4) It is a defence for a person charged with an offence under section 2(2) of distributing or causing the distribution of a tobacco advertisement, otherwise than as mentioned in section 2(4), to prove that he did not know, and had no reason to suspect, that what he distributed or caused to be distributed was, or contained, a tobacco advertisement.
 
      (5) In relation to a tobacco advertisement which is published or caused to be published by electronic means by an internet service provider, it is a defence for him, if charged with an offence under section 2(1), to prove that he was unaware that what he published or caused to be published was, or contained, a tobacco advertisement.
 
      (6) In relation to a tobacco advertisement which is distributed as mentioned in section 2(4), it is a defence for a person charged with an offence under section 2(2) of distributing it or causing its distribution to prove-
 
 
    (a) that he was unaware that what he distributed or caused to be distributed was, or contained, a tobacco advertisement,
 
    (b) that, having become aware of it, he was not able to prevent its further distribution, or
 
    (c) that he did not carry on business in the United Kingdom at the relevant time.
      (7) It is a defence for a person charged with an offence under section 3(c) to prove that he did not know, and had no reason to suspect, that the publication contained a tobacco advertisement.
 
Specialist tobacconists.     6. - (1) It is a defence for a person charged with an offence under section 2 to prove that the tobacco advertisement-
 
 
    (a) was in, or fixed to the outside of the premises of, a specialist tobacconist,
 
    (b) was not for cigarettes or hand-rolling tobacco, and
 
    (c) complied with any requirements specified by the appropriate Minister in regulations in relation to tobacco advertisements on the premises of specialist tobacconists.
      (2) A specialist tobacconist is a shop selling tobacco products by retail (whether or not it also sells other things) more than half of whose sales on the premises in question derive from the sale of cigars, snuff, pipe tobacco and smoking accessories.
 
      (3) The sales referred to in subsection (2) are to be measured by sale price-
 
 
    (a) during the most recent period of twelve months for which accounts are available, or
 
    (b) during the period for which the shop has been established, if it has not been established long enough for twelve months' accounts to be available.
      (4) "Shop", in subsections (2) and (3), includes a self-contained part of a shop; and, in that case, "premises" in subsections (1) and (2) means that self-contained part of the shop.
 
 
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