5.— (1) A person who publishes or displays or causes to be published or displayed any advertisement knowing or being reckless as to whether the advertisement—

(a) indicates an intention—

(i) to sell or import or export a psychoactive substance for human consumption, or

(ii) to sell any object for use in cultivating by hydroponic means any plant in contravention of section 17 of the Act of 1977,

(b) promotes the consumption of a substance or a combination of substances for its or their, as the case may be, psychoactive effects and provides information on how or where a psychoactive substance may be obtained, or

(c) provides information on how an object may be used to cultivate by hydroponic means any plant in contravention of section 17 of the Act of 1977,

shall be guilty of an offence.

(2) Without prejudice to any other defence that may be available, it shall be a defence for a person against whom proceedings for an offence under subsection (1) are brought to prove that he or she was, at the time of the alleged offence, a person referred to in section 6(2).