Tobacco Advertising and Promotion Bill

House of Commons

Session 2000-2001
Internet Publications
Other Bills before Parliament
Arrangement of Clauses (Contents)

Tobacco Advertising and Promotion Bill

A
B I L L
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).

    (6) An internet service provider does not publish or distribute, or cause to be published or distributed, a tobacco advertisement of which it is unaware.

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 display or advertisement in a place or on a website where tobacco products are offered for sale, in accordance with any requirements specified by the appropriate Minister in regulations, of the products offered for sale there and of their prices is not an offence under this Act.

    (3) 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 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 a case to which section 2(4) applies, it is also a defence for such a person to prove-

(a) that he does not carry on business in the United Kingdom, or

(b) that he was not able to prevent the distribution of the tobacco advertisement.

    (6) 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.

© Parliamentary copyright 2000
Prepared 14 December 2000

Tobacco Advertising and Promotion Bill

	A B I L L 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).
	(6) An internet service provider does not publish or distribute, or cause to be published or distributed, a tobacco advertisement of which it is unaware.
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 display or advertisement in a place or on a website where tobacco products are offered for sale, in accordance with any requirements specified by the appropriate Minister in regulations, of the products offered for sale there and of their prices is not an offence under this Act.
	(3) 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 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 a case to which section 2(4) applies, it is also a defence for such a person to prove-
	(a) that he does not carry on business in the United Kingdom, or
	(b) that he was not able to prevent the distribution of the tobacco advertisement.
	(6) 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.