Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part IV · Offences, Defences and Remedies in Relation to Parts II and III
28. Defence of innocent publication of advertisement
Feedback & supportWhere an offence under section 25 is committed by the publication of an advertisement, it shall be a defence in any proceedings for the offence for the person charged to prove that—
publication
“publication” includes advertisement to the public or any member of the public by any means, and “publish” shall be construed accordingly;
his business is that of publishing or arranging for the publication of advertisements; and
business
“business” means any undertaking that is carried on whether for gain or reward or not and in the course of which goods or services are acquired or supplied whether at a price or otherwise;
he received the advertisement or the information contained in the advertisement, as the case may be, for publication in the ordinary course of business; and
advertisement
“advertisement” includes every form of advertisement, whether or not accompanied by or in association with spoken or written words or other writing or sounds and whether or not contained or issued in a publication, and includes advertisement— (a) by the display of notices; (b) by means of catalogues, price lists, circulars, labels, cards or other documents or materials; (c) by the exhibition of films or of pictures or photographs; or (d) by means of radio, television, telecommunication or any other similar means;
he did not know and had no reason to suspect that the publication of the advertisement would constitute an offence under section 25.