§ 86 — Defences

86.—(1) In any proceedings for an offence under section 34 or 85, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person published a gambling advertisement or sent an inducement to gamble for or on the direction of a licensee or class licensee; or

(b)

the person is acting in the course of a business of delivering, transmitting or broadcasting information or material (in whatever form or by whatever means) or making data available and the nature of the business is such that persons undertaking it have no control over the nature or content of the information or material or data.

(2) Where a person is charged with an offence under section 85, it is also a defence for the person charged to prove, on a balance of probabilities, that —(a)

the advertisement was so published as an accidental or incidental accompaniment to the publication of other matter not forming part of any promotion of gambling; and

(b)

the person does not receive any direct or indirect benefit (whether financial or not) for publishing that gambling advertisement, in addition to any direct or indirect benefit that the person receives for publishing that other matter.

(3) In addition, in any proceedings for an offence under section 85, it is a further defence for the person charged to prove, on a balance of probabilities, that the person —(a)

is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business;

(b)

has no financial interest in the gambling or gambling service featured in the advertisement;

(c)

did not know that the advertisement is about unlawful gambling or an unlawful gambling service; and

(d)

had taken all reasonably practicable steps as are necessary to ascertain that the gambling or the gambling service (as the case may be) was not unlawful.

—(1) In any proceedings for an offence under section 34 or 85, it is a defence for the person charged to prove, on a balance of probabilities, that —(a)

the person published a gambling advertisement or sent an inducement to gamble for or on the direction of a licensee or class licensee; or

(b)

the person is acting in the course of a business of delivering, transmitting or broadcasting information or material (in whatever form or by whatever means) or making data available and the nature of the business is such that persons undertaking it have no control over the nature or content of the information or material or data.

(2) Where a person is charged with an offence under section 85, it is also a defence for the person charged to prove, on a balance of probabilities, that —(a)

the advertisement was so published as an accidental or incidental accompaniment to the publication of other matter not forming part of any promotion of gambling; and

(b)

the person does not receive any direct or indirect benefit (whether financial or not) for publishing that gambling advertisement, in addition to any direct or indirect benefit that the person receives for publishing that other matter.

(3) In addition, in any proceedings for an offence under section 85, it is a further defence for the person charged to prove, on a balance of probabilities, that the person —(a)

is a person whose business is to publish or arrange for the publication of advertisements and that the person received the advertisement for publication in the ordinary course of business;

(b)

has no financial interest in the gambling or gambling service featured in the advertisement;

(c)

did not know that the advertisement is about unlawful gambling or an unlawful gambling service; and

(d)

had taken all reasonably practicable steps as are necessary to ascertain that the gambling or the gambling service (as the case may be) was not unlawful.