Clause 3 - Advertising: newspapers, periodicals etc.

Part of Tobacco Advertising and Promotion Bill – in a Public Bill Committee at 3:00 pm on 1 February 2001.

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Photo of Laurence Robertson Laurence Robertson Conservative, Tewkesbury 3:00, 1 February 2001

I ought to declare a registered interest in the tobacco industry, but it is a different point that I wish to raise. Many years ago there was a legal case in which someone sold on a bottle of water or fizzy pop, which contained something that it should not, and the person who sold it on was held liable. Is that an accurate analogy?

Mr. Bruce: Certainly. With regard to product liability, one is part of a chain. Let us suppose that a 12-year-old is reading a tobacco advertisement. If that advertisement is in Le Monde, which is produced in France, the individual who sells it on is, according to the legal definition of the word, publishing, not distributing Le Monde, unless there is a provision to counter that. The word ``publishing'' includes simply passing it on, without even recopying it, to another person. I hope that the Minister will be able to respond to that point. As I said, it would have been nice to have somebody from the Home Office sitting on her team, who could advise her of the legal definition. I am sure that legal advice can be sent for if necessary.