s. s. 58 59 (5) It is a defence to a prosecution for an offence against subsection (4) to prove that— (a) the accused believed on reasonable grounds S. 58(5)(a) amended by that the parent or guardian of the minor had No. 68/2009 consented to the material being published or s. 97(Sch. item 20.18). transmitted, or made available for transmission, to the minor; or (b) the accused— S. 58(5)(b) amended by No. 68/2009 (i) did not know and could not reasonably s. 97(Sch. have known that the person to whom item 20.18). the material was published or transmitted, or made available for transmission, was a minor under 15; and (ii) had taken reasonable steps to prevent publishing or transmitting, or making available for transmission, the material to a minor under 15. (6) Subsection (4) does not apply to a person who provides an on-line information service or a telecommunication service unless the person knowingly publishes, transmits or makes available for transmission to a minor under 15 material unsuitable for minors under 15. 59 Advertising of objectionable material etc. S. 59 amended by No. 72/2012 (1) A person must not— s. 20 (ILA s. 39B(1)). (a) publish an advertisement or notice; or
(5) It is a defence to a prosecution for an offence against subsection (4) to prove that— s. 58 S. 58(5)(a) amended by No. 68/2009 s. 97(Sch. item 20.18). (a) the accused believed on reasonable grounds that the parent or guardian of the minor had consented to the material being published or transmitted, or made available for transmission, to the minor; or S. 58(5)(b) amended by No. 68/2009 s. 97(Sch. item 20.18). (b) the accused— (i) did not know and could not reasonably have known that the person to whom the material was published or transmitted, or made available for transmission, was a minor under 15; and (ii) had taken reasonable steps to prevent publishing or transmitting, or making available for transmission, the material to a minor under 15. (6) Subsection (4) does not apply to a person who provides an on-line information service or a telecommunication service unless the person knowingly publishes, transmits or makes available for transmission to a minor under 15 material unsuitable for minors under 15. S. 59 amended by No. 72/2012 s. 20 (ILA s. 39B(1)). 59 Advertising of objectionable material etc. s. 59 (1) A person must not— (a) publish an advertisement or notice; or
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