(3) This section does not apply to an exempt operator who publishes, or authorises the publication of, a remote gambling service advertisement in accordance with the conditions of its certificate of exemption.
(4) To avoid doubt, this section does not affect the operation of any provision in Part 2.
Defences to offence of publishing remote gambling service advertisement
16.—(1) Where a person is charged with an offence under section 15(1), it is a defence for the person charged to prove that the person published a remote gambling service advertisement for or on the direction of an exempt operator.
(2) Where a person is charged with an offence under section 15(1) for publishing a remote gambling service advertisement, it is a defence for the person charged to prove that—
- (a) the remote gambling service advertisement was so published as an accidental or incidental accompaniment to the publication of other matter not forming part of any promotion of remote gambling; and
- (b) the person does not receive any direct or indirect benefit (whether financial or not) for publishing that advertisement, in addition to any direct or indirect benefit that the person receives for publishing that other matter.
(3) Where a person is charged with an offence under section 15(1), it is also a defence for the person charged to prove that—
- (a) the person is acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available; and
- (b) the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data.
