Section 123 Internet servicesI1

United Kingdom Not yet in force

(1)

A person who carries on any business in the United Kingdom commits an offence if—

(a)

the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

(b)

the advertisement’s purpose is or effect will be to promote—

(i)

a tobacco product,

(ii)

a herbal smoking product,

(iii)

cigarette papers,

(iv)

a vaping product, or

(v)

a nicotine product, and

(c)

the person knows or has reason to suspect—

(i)

that the advertisement will be published or distributed in the United Kingdom by means of the service that they provide, and

(ii)

that the advertisement has that purpose or will have that effect.

(2)

A person who carries on any business in the United Kingdom commits an offence if—

(a)

the person, acting in the course of business, provides an internet service by means of which an advertisement is published or distributed in the United Kingdom,

(b)

the advertisement’s purpose is or effect will be to promote—

(i)

a tobacco product,

(ii)

a herbal smoking product,

(iii)

cigarette papers,

(iv)

a vaping product, or

(v)

a nicotine product,

(c)

the person becomes aware of the circumstances set out in paragraphs (a) and (b), and

(d)

the person fails to take all reasonable steps to prevent the advertisement from being further viewed by or distributed to the public in the United Kingdom.

(3)

A person who commits an offence under this section is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both;

(b)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.

(4)

In this section “internet service” means a service that is made available by means of the internet.

(5)

For the purposes of subsection (4) a service is “made available by means of the internet” even where it is made available by means of a combination of—

(a)

the internet, and

(b)

an electronic communications service.

(6)

“Electronic communications service” has the same meaning as in the Communications Act 2003 (see section 32(2) of that Act).

Annotations

Commencement

I1: S. 123 not in force at Royal Assent, see s. 176(2)(c)