Tobacco Order, 2005 · As enacted · Part VI
Section 32
Official textFrom Attorney General's Chambers, unchanged
No action, suit or other proceedings shall be brought or instituted in any court against any party to a contract for failing, neglecting or refusing to publish any tobacco product advertisement, the subject-matter of such contract, where such failure, neglect or refusal is solely attributable to, or occasioned by, the commencement of this Order or of any written law amending this Order, but nothing in this section shall affect the operation of any law relating to the frustration of contracts.
publish
"publish", in relation to an advertisement, includes issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever;
Limitation of liability.
Terms defined in s 2
publish
Defined · s 2"publish", in relation to an advertisement, includes issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever;
tobacco product advertisement
Defined · s 2"tobacco product advertisement" means any advertisement - (a) containing any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product; (b) relating to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or (c) which mentions, illustrates or depicts- (i) the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product; (ii) a brand name of or trade mark relating to any tobacco product; or (iii) any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product;