Clause 2 - Prohibition of tobacco advertising
Tobacco Advertising and Promotion Bill [Lords]
9:00 am

Mr John Barrett (Edinburgh West, Liberal Democrat)
Any legislation that affects the internet affects a moving piece. I look forward to the Minister's assurance that the defences in clause 5 are adequate to cover all the possibilities that could arise from the fairly flexible and wide-ranging section in clause 2.
Advertising through the web is different from that through print and other media, and it is difficult to frame legislation to deal adequately with events that change daily. Anyone who has had any involvement with the internet, or the web, is aware of the wide variety of material available, and the ability to restrict tobacco advertising on the web will create a significant problem for anyone who deals with it. We must rely on the defences in clause 5, which states that a
''person does not commit an offence . . . if he did not know, and had no reason to suspect, that the purpose of the advertisement was to promote a tobacco product.''
I should like assurances that the defences in clause 5, on which we must rely heavily, will deal with any problems that the clause may cause.
