Section 37Part 7 — Sexually Transmitted Diseases
Prohibition of unauthorised advertisement
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No person shall print or publish any advertisement or statement tending to promote the sale of any medicine, appliance or article for the alleviation or cure of any sexually transmitted disease or other disease affecting the generative organs or functions or of sexual impotence or of any complaint or infirmity arising from or relating to sexual intercourse.
In this section —
cause to be published by supplying to the publisher of any magazine or newspaper, whether periodical or not, or of any book or other document;
exhibit in any manner to public view; and
sell, offer for sale, or exhibit for perusal or inspection, whether for reward or gratuitously, whether in public or in private, and send by post or deliver in person or by messenger.
This section shall not apply to publications by the medical department of any Government or by any public hospital or other public body in the discharge of its lawful functions or by any society or person acting with the authority of the Cabinet first obtained, or to any books, documents or papers published in good faith for the advancement of medical science.
Whoever contravenes subsection (1) commits an offence unless that person shows —
that the subject matter of the charge is contained in a book or other publication of a generally lawful character distributed by that person in the ordinary course of that person's trade and that such subject matter is not apparent on such examination as is usual on the part of distributors in circumstances similar to those of the accused;
when the matter was brought to that person's notice that person gave all the assistance reasonably required of that person by the Chief Medical Officer and the police in tracing the source of the publication; and
that person forthwith ceased distribution and took effective measures to prevent distribution of any undistributed stocks of the publication remaining under that person's control,
and is liable on a first conviction to a fine of two hundred dollars, and on a second or subsequent conviction to a fine of one thousand dollars and to imprisonment for six months.
Defined Terms
publish