Health (Family Planning) Act, 1979

Amendment of Censorship of Publications Act, 1929, and Act of 1946.

12.—(1) Section 16 (1) of the Censorship of Publications Act, 1929 , is hereby amended by the deletion of “the unnatural prevention of conception or” and “such prevention or” and the said section 16 (1), as so amended, is set out in the Table to this subsection.

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16.—(1) It shall not be lawful for any person, otherwise than under and in accordance with a permit in writing granted to him under this section—

(a) to print or publish or cause or procure to be printed or published, or

(b) to sell or expose, offer, or keep for sale, or

(c) to distribute, offer or keep for distribution,

any book or periodical publication (whether appearing on the register of prohibited publications or not) which advocates or which might reasonably be supposed to advocate the procurement of abortion or miscarriage or any method, treatment or appliance to be used for the purpose of such procurement.

(2) Section 17 (1) of the Censorship of Publications Act, 1929 , is hereby amended by the deletion of “or preventing conception” and the said section 17 (1), as so amended, is set out in the Table to this subsection.

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17.—(1) The reference contained in section 3 of the Indecent Advertisements Act, 1889, to printed matter which is of an indecent or obscene character shall be deemed to include advertisements which relate or refer or may be reasonably supposed to relate or refer to any disease affecting the generative organs of either sex, or to any complaint or infirmity arising from or relating to sexual intercourse, or to the prevention or removal of irregularities in menstruation, or to drugs, medicines, appliances, treatment or methods for procuring abortion or miscarriage.

(3) Section 7 of the Act of 1946 is hereby amended by the deletion in paragraph (b) of “the unnatural prevention of conception or” and “prevention or” and the said paragraph (b), as so amended, is set out in the Table to this subsection.

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7.— If the Censorship Board, having duly examined a book, are of opinion—

(a) that it is indecent or obscene, or

(b) that it advocates the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement,

and that for any of the said reasons its sale and distribution in the State should be prohibited, they shall by order prohibit such sale and distribution.

(4) Section 9 (1) of the Act of 1946 is hereby amended by the deletion in paragraph (b) of “the unnatural prevention of conception or” and “prevention or”, and the said section 9 (1), as so amended, is set out in the Table to this subsection.

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9.—(1) The Censorship Board shall examine the issues recently theretofore published of every periodical publication in respect of which a complaint is made to them in the prescribed manner by any person, and if they are of opinion that the said issues—

(a) have usually or frequently been indecent or obscene, or

(b) have advocated the procurement of abortion or miscarriage or the use of any method, treatment or appliance for the purpose of such procurement, or

(c) have devoted an unduly large proportion of space to the publication of matter relating to crime,

and that for any of the said reasons the sale and distribution in the State of the said issues and future issues of that periodical publication should be prohibited, they shall by order prohibit the sale and distribution thereof accordingly.