Consumer Protection Act 2007


69.— (1) In this section:

“advertiser” means a person who publishes advertisements;

“ contravening advertisement ” means—

(a) an unfair, misleading or aggressive commercial practice in the form of an advertisement, or

(b) an advertisement that is—

(i) a prohibited commercial practice under section 55 (1) or (3),

(ii) in contravention of section 49 (1), or

(iii) in contravention of a regulation under section 50 (2).

(2) An advertiser who publishes a contravening advertisement on behalf of a trader does not commit an offence under section 47 , 49 (3), 51 (2) or 56 and is not liable under section 74 (respecting consumer’s right of action for damages) if the advertiser proves that the advertiser did not know and had no reason to suspect that its publication would be in contravention of section 41 (1), 42 , 49 (1), 50 (2), 51 (2), 52 , 54 , 55 (1) or (3) or 56 .

(3) An advertiser who accepts or agrees to publish an advertisement for a trader shall—

(a) make a record of the name and address of that trader, and

(b) keep that record for not less than 2 years from the last day on which the advertisement is published.

(4) An advertiser who contravenes subsection (3) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 .