Tobacco and Vaporisers Control Act 1993 · 2020 Revised Edition · Part 2 · Control of Advertisements Relatingto Tobacco Products, Vaporisers and Imitation Tobacco Products
4. Defences
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Where a person is charged with an offence for contravening section 3(1) in relation to an unauthorised advertisement, it is a defence for the person charged to prove, on a balance of probabilities, that —
the person was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or
the person did not know and had no reason to believe that the advertisement was of a type described in section 3(1).
advertisement
“advertisement” includes any notice, circular, pamphlet, brochure, programme, price list, label, wrapper or other document and any announcement, notification or intimation to the public or any section of the public or to any person or persons made —(a)orally or in writing;(b)by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;(c)by means of producing or transmitting sound or light and whether for aural or visual reception or both;(d)by means of any writing on any vehicle, ashtray, calendar, cigarette lighter, clock or any other object or thing; or(e)in any other manner;