(1)A person does not commit an offence under section 2 [F1, section 3(a) or (b) or section 3A(1)(a) or (b)], in connection with an advertisement whose purpose is to promote a tobacco product, if he did not know, and had no reason to suspect, that the purpose of the advertisement was to promote a tobacco product.
(2)A person does not commit such an offence in connection with an advertisement whose effect is to promote a tobacco product if he could not reasonably have foreseen that that would be the effect of the advertisement.
(3)A person does not commit an offence under section 2(2) [F2, 3(a) or (b) or 3A(1)(a)] if he did not know, and had no reason to suspect, that the tobacco advertisement would be published in the United Kingdom.
[F3(3A) A person does not commit an offence under section 2(4) or 3A(1)(b) if he did not know, and had no reason to suspect, that the tobacco advertisement would be published in another EEA State. ]
(4)A person does not commit an offence under section 2(2) of distributing or causing the distribution of a tobacco advertisement, otherwise than as mentioned in section 2(3), if 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 distributed as mentioned in section 2(3), a person does not commit an offence under section 2(2) of distributing it or causing its distribution if—
(a)he was unaware that what he distributed or caused to be distributed was, or contained, a tobacco advertisement,
(b)having become aware of it, it was not reasonably practicable for him to prevent its further distribution, F4...
[F5(c) in relation to transmission by means of information society services, he did not carry on business in an EEA State at the relevant time, or
(d)in relation to transmission by any other means of electronic transmission, he did not carry on business in the United Kingdom at the relevant time.]
[F6(5A)A person does not commit an offence under section 2(4) of distributing or causing the distribution of a tobacco advertisement if—
(a)he was unaware that what he distributed or caused to be distributed was, or contained, a tobacco advertisement, or
(b)having become aware of it, it was not reasonably practicable for him to prevent its further distribution.]
(6)A person does not commit an offence under section 3(c) if he did not know, and had no reason to suspect, that the publication contained a tobacco advertisement.
Textual Amendments
F1Words in s. 5(1) substituted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(2)
F2Words in s. 5(3) substituted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(3)
F3S. 5(3A) inserted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(4)
F4Word in s. 5(5) omitted (28.9.2006) by virtue of Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(5)(a)
F5S. 5(5)(c)(d) substituted (28.9.2006) for s. 5(5)(c) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(5)(b)
F6S. 5(5A) inserted (28.9.2006) by Tobacco Advertising and Promotion Act 2002 (Amendment) Regulations 2006 (S.I. 2006/2369), regs. 1(1), 5(6)
Commencement Information
I1S. 5 wholly in force at 14.2.2003; s. 5 not in force at Royal Assent see s. 22(1)(2); s. 5 wholly in force at 14.2.2003 by S.I. 2002/2865, art. 2(2)(e); S.S.I. 2002/512, art. 2(2)(e)