33.The DDA (as amended by the Amendment Regulations) prohibits employers and others covered by the newly extended scope of Part II of the DDA (employment field) from publishing, or causing to be published, a discriminatory advertisement inviting applications for a job, training or other relevant benefit.
34.Article 11 extends the scope of the prohibition to cover third party publishers (for example, newspapers) who publish a discriminatory advertisement on behalf of another.
35.The Article exempts a third party publisher from liability under new subsection (1) if he can prove that, in publishing the advertisement, he relied on a statement about the lawfulness of an advertisement made by the person who placed it. It also makes it an offence for a person knowingly or recklessly to make a false or misleading statement about the lawfulness of an advertisement, carrying on summary conviction a fine not exceeding level 5 on the standard scale (currently £5000).