Advertising by information society services
3. After section 3 (advertising: newspapers, periodicals etc) of the Act insert—
“Advertising: information society services
3A.—(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.”.