Clause 1 - Prohibition of tobacco advertising
Tobacco Advertising and Promotion Bill
2:45 pm
Ms Yvette Cooper (Parliamentary Secretary (Public Health), Department of Health; Pontefract and Castleford, Labour)
The clause sets out the offences in a comprehensive way. Anyone involved in the publication, printing, devising or distribution of a tobacco advertisement could be guilty of an offence. Later clauses set out the defences against that comprehensive ban. It is important to point out that clause 2 covers only activity undertaken in the course of a business. It does not cover individuals in a private capacity.
The hon. Member for Meriden (Mrs. Spelman) referred to journalists. I am happy to clarify the matter. It was referred to on Second Reading and I believe that I referred to it earlier in the Committee, but I am happy to clarify it again. We do not intend journalists writing about tobacco products in news stories and comment pieces to be covered by the Bill. If they write a news story, that is not an advertisement. If they write an opinion piece, that is not an advertisement. However, if a journalist or a newspaper is paid by a tobacco company to promote a tobacco product, the sponsorship provisions later in the Bill will come into play. That is right. I am sure that people consider that journalists who are paid to promote tobacco products should be covered by the Bill. However, the Bill is not intended to cover issues that involve freedom of speech, news stories, journalistic discussion or artistic representations such as people smoking on stage or in films, unless they amount to sponsorship, which along with product placement, is covered by the Bill.