Public Health (Tobacco) Act, 2002

Advertisements in foreign publications.

34.—(1) The Office may, upon the application in writing of a press distributor, exempt from the application of section 33 advertising of tobacco products contained in such publications as are specified in the exemption concerned for such period (not exceeding one year) as is so specified, where it is satisfied that—

(a) the publication concerned has a circulation in the State—

(i) in the case of a daily or weekly publication, not exceeding 3,000, or

(ii) in the case of any other publication, not exceeding 1,000,

(b) it would not be practicable for economic reasons to require—

(i) the excision or omission from the publication of an advertisement the inclusion of which in a publication distributed in the State would, but for the granting of an exemption under this section, constitute an offence under section 33 , or

(ii) the publisher concerned to produce an edition of the publication for distribution solely or mainly in the State,

(c) no part of the publication is printed specially or mainly for distribution in the State,

(d) any advertisement of tobacco products contained in the publication is lawful in the place where the publication is printed or first published,

(e) the publisher of the publication does not publish an edition thereof that does not contain advertisements of tobacco products,

(f) the publication is not produced solely or mainly for the purpose of promoting the smoking or sale of tobacco products, and

(g) the publication is not produced solely or mainly for sale or distribution to persons who have not attained the age of 18 years.

(2) Section 33 shall not apply to an advertisement in a publication in respect of which an exemption under this section is in force.

(3) An exemption under this section shall be in writing.

(4) The Office may revoke an exemption under this section where, in respect of the publication concerned, it ceases to be satisfied in relation to any one or more of the matters specified in subsection (1).

(5) In this section—

“press distributor” means a person who carries on the business of supplying newspapers, magazines or other periodicals to persons for the purpose of their selling those newspapers, magazines or periodicals by retail;

“publication” includes a newspaper, magazine or any other periodical.