3AF1Advertising: information society services
1
This subsection applies where by means of an information society service, provided in the course of a business, a tobacco advertisement is published—
a
in the United Kingdom, or
b
in an EEA State other than the United Kingdom, by a service provider established in the United Kingdom.
2
Where subsection (1) applies—
a
any proprietor of the information society service or any editor of the information contained in the information society service is guilty of an offence, and
b
any person who (directly or indirectly) procured the inclusion of the tobacco advertisement in the information contained in the information society service is guilty of an offence.