Section 33 | Discriminatory advertisements.

(1)It shall be unlawful to publish in Northern Ireland, or cause to be published there, an advertisment which indicates, or could reasonably be understood as indicating, an intention by a person to do an act which is unlawful by virtue of Part III.

(2)Subsection (1) does not apply if the intended act would be prevented from being unlawful by any provision of Part V.

(2A)Subsection (1) does not apply to the publisher of an advertisement in respect of the publication of the advertisement if the intended act would not be unlawful by virtue of Part III but for section 16(2)(b).^F1

(3)The publisher of an advertisement which is unlawful by virtue of subsection (1) shall not be subject to any liability under that subsection in respect of the publication of the advertisement if he proves—

(a)that the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that, by reason of the operation of subsection (2), the publication would not be unlawful, and

(b)that it was reasonable for him to rely on the statement.

(4)A person who knowingly or recklessly makes a statement such as is referred to in subsection (3)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.^F2