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Tobacco Advertising and Promotion Act 2002

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5Advertising: defences

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(1)A person does not commit an offence under section 2 or section 3(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) or 3(a) or (b) if he did not know, and had no reason to suspect, that the tobacco advertisement would be published in the United Kingdom.

(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, or

(c)he did not carry on business in the United Kingdom at the relevant time.

(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.

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