DiSU

Friday, 10 March 2017

Disability Rights 29: Complaints

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Whether you are a PWD or not, these laws apply to you.

Section 41 of the PWDA says that if you think that someone has broken the laws in this act you can lodge a complaint with the National Council for Disability (NCD). If you are dissatisfied with the decision of the NCD you can ask the courts to review your case.

The NCD is the government organisation established to monitor the implementation of the CRPD through the PWDA. It was established by the National Council for Disability Act (NCDA) 2003. The main objectives of the NCD, as defined in the Act are:

To promote the equalization of opportunities for PWDs.
To monitor and evaluate the impact of policies and programs which are designed to full participation and equality of PWDs.
To promote and advocate for service delivery and the collaboration between PWDs and service providers.
To advocate for new laws and to review laws already in place so that they comply with Equal Opportunity legislation in the constitution and other Ugandan laws.

The NCD is specifically designated by law to be the disability coordination body and it is in a position to implement the PWDA as envisaged by the CRPD. The 2015 African Disability Rights Yearbook describes the way the NCD administers the PWDA like this:

The PWDA makes provision for a redress mechanism in Part VIII. In terms of the mechanism, a person who alleges that an act prohibited under the provisions of the PWDA has been committed has the option of lodging a complaint with the National Council for Disability. The Council is expected to make a decision after receiving and investigating the complaint in accordance with its functions under the 2003 NCDA, whereby the Council is expected to take appropriate action relating to the outcome of the investigations or to refer them to relevant authorities.

The NCDA gives an opportunity to any person who might be aggrieved by a decision of the Council on the complaint to petition the courts of law for a review of the complaint. This mechanism entails that persons with disabilities who suffer rights violations do not have direct access to the courts to seek redress. In addition, the PWDA does not indicate if and what remedies are available upon a successful court review. This procedure falls short of conforming to the redress mechanism standards under the CRPD.

Furthermore, the PWDA makes provision for offences and penalties in Part IX. The PWDA makes it an offence for any person to contravene, or to aid another person to contravene, any of its provision and a conviction attracts a fine.

If you are a person with a Disability and your rights as described in the PWDA have been infringed then report it to the NCD. They will follow up your complaint and recommend your course of action.

PDWs want authority to manage their affairs.
"NCD is weak and swallowed up by the gender ministry,” said Murangira. “It should be strengthened to a level of an authority to cater for better governance of all PWDS."

This law is written like this in section 41 of the Persons With Disabilities Act 2006:

41. Complaints, appeal and judicial proceedings.

(1) Any person, who alleges that an act prohibited under the provisions of this Act has been committed, may lodge a complaint with the Council.

(2) Any person aggrieved by a decision of the Council may petition the courts of law for a review of the complaint.

(3) Where a person with disability is party to any judicial proceedings the adjudicating body shall in the application of its legal procedures, take into account the physical and mental condition of the person with a disability.

The objectives and functions of the NCD are written in the Nation Council for Disability Act 2003, sections 5 and 6:

5. Objectives of the Council

The objectives of the Council are—

(a) to promote the implementation and the equalisation of opportunities for persons with disabilities;

(b) to monitor and evaluate the impact of policies and programmes designed for equality and full participation of persons with disabilities;

(c) to advocate for and promote effective service delivery and collaboration between service providers a nd persons with disability;

(d) to advocate for the enactment of laws and the reviewing of existing laws with a view to complying with the equalisation of opportunities as stipulated in the United Nations Standard Rules on the Equalisation of Opportunities for persons with disabilities, the Constitution and other laws and international legal instruments.

6. Functions of the Council

(1) The functions of the Council are—

(a) to act as a body at a national level through which the needs, problems, concerns potentials and abilities of persons with disabilities can be communicated to Government and its agencies for action;

(b) to monitor and evaluate the extent to which Government, NGOs and the private sector include and meet the needs of persons with disabilities in their planning and service delivery;

(c) to act as a co-ordinating body between Government departments, other service providers and persons with disabilities;

(d) to solicit for and acquire funds and other resources from Government and donors for use in the performance of the Council’s functions;

(e) to advocate for the promotion of and encourage activities undertaken by institutions, organisations and individuals for the promotion and development of programmes and projects designed to improve the lives and situation of persons with disabilities;

(f) to carry out or commission surveys and investigations in matters or incidents relating—

(i) to violation of rights of persons with disabilies,

(ii) non-compliance with programmes, policies or laws relating to

disabilities; and take appropriate action in relation thereto or refer the matter to the relevant authority;

(g) to hold annual general meetings of representative from lower councils for persons with disabilities for the purposes of reviewing the Council’s performance and also plan for the subsequent year;

(h) to consider and recommend ways and means of controlling the unnecessary increase of disability in Uganda;

(i) to assist the Electoral Commission to ensure the conducting of free and fair elections of representatives of persons with disabilities to Parliament and Local Government Councils;

(j) to identify and give guidelines to organisations working for persons with disabilities; and

(k) to perform any other functions relating to the above as the Minister may determine.

(2) For the purpose of carrying out its function under paragraph (f) of subsection (1) the Council shall have powers to call witnesses and demand the production of documents that it may require.

Thursday, 9 March 2017

Disability Rights 28: Freedom from exploitation, discrimination and torture

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). Whether you are a PWD or not, these laws apply to you.

Section 42 of the PWDA states that no PWD should be exploited, discriminated against or the subject of cruel, inhuman or degrading treatment.

Section 3 of the PWDA laid down the objectives of the Act (see Disability Rights 2: Objectives of the Persons With Disabilities Act). The Act was put into place to protect the rights of PWDs and to assure their rights to dignity and equal opportunity the same as every other citizen. The act should eliminate discrimination and promote a positive attitude towards disability. This section wraps up the PWDA saying that PWDs should be free of exploitation and underlines that PWDs should not have to face discrimination in any form. Above all PWDs should not be subject to cruel, inhuman or degrading treatment.

The PWDA 2006, modeled on the UNCRPD, is legislation designed to ensure the basic human rights of PWDs in Uganda. The UNCRPD is the foundation for the PWDA. Recognizing that PWDs have impairments, when PWDs interact with an environment that has barriers, the barriers cause disability. The effect of the PWDA should be to create a barrier free environment so that a PWD has only their impairments and can interact on an equal basis with other citizens.

If you are a PWD, the PWDA should remove the barriers of discrimination, exploitation and cruel and inhuman treatment. It is your right to live in a barrier free environment. You should be able to be a member of your community on an equal basis with other citizens.

The PWDA is not perfect, it is in the early stages of implementation, right now the greatest barriers that you face are probably negative attitudes and lack of information. To get your rights, you must demand your rights.

"Negative attitudes" and "Lack of access to information" are the 2 most frequent barriers PWDs experience.
Collecting information on the experiences of PWDs in Uganda is vital to assess how effectively the UNCRPD is put into place.
The histogram above shows the barriers most frequently identified by PWDs in the 2016 research paper My story, my rights: how individual stories of people with disabilities can contribute to knowledge development for UNCRPD monitoring.

This law is written like this in section 42 of the Persons With Disabilities Act 2006:

42. General provisions.

No person shall in any manner—

(a) exploit a person with disability;

(b) discriminate against a person with disability; or

(c) subject a person with disability to torture, violence, abuse or to cruel, inhuman or degrading treatment.

Wednesday, 8 March 2017

Disability Rights 27: Right to participate in cultural life

Section 38 of the PWDA says PWDs have the right to take part in the cultural life of the community and the right to access radio and television broadcasts, films, theatres and other cultural activities. Moreover, PWDs also have the right to develop their creative, artistic and intellectual abilities to enrich the community.

On the face of it, this section of the law is about ensuring that theatres, cinemas, television studios, radio stations, art galleries, museums and other cultural institutions accessible to PWDs. Likewise when PWDs are working creatively they have the right to be respected. Their ability to enrich the community with their creativity should be respected.

This right is about the human right of PWDs to express themselves, express their own culture as disabled people. This right is about disability culture. Wikipedia says:

Disability culture cannot be defined by one specific description or language. It is a complex blending of art, performance, expression, and community. Within this culture, the word "disabled" has been re-purposed to represent a social identity of empowerment and awareness. Like many civil rights movements in the past, disability culture challenges the norms of society, and seeks to counter oppressive entities such as medicalization and institutionalization. Its core values as a culture are reflected in art, conversation, goals, or behaviors. These core values often include: "an acceptance of human differences, an acceptance of human vulnerability and interdependence, a tolerance for a lack of resolution of the unpredictable in life, and a humor to laugh at the oppressor or situation, however dire it may be".

If you are a PWD, you have the right to express your culture.

Ugandan Project helps empower disabled.
In Uganda, people with disabilities are often stigmatized. So Fred Batale took up the challenge and started the Disability Art Project Uganda where he encourages other people with disabilities to develop their art skills.

This law is written like this in section 38 of the Persons With Disabilities Act 2006:

38. Particpation in cultural life.

Persons with disabilities have the right to fully participate in the cultural life of their community and to—

(a) develop and utilise their creative, artistic and intellectual potential for the enrichment of their community;

(b) have access to broadcasting, films, theatres and other cultural activities.

Tuesday, 7 March 2017

Disability Rights 26: Right to Participate in public life

Section 37 of the PWDA states that PWDs have the right to participate in public and political life, they have the right to vote and be voted into any political office. PWDs have the right to take part in any public or political associations or organizations. PWDs have the right to take part in the decision making process. The government guarantees the right of PWDs to exercise their political rights by:

Ensuring voting procedures are simple, easy to access, and facilities are appropriate.
Protecting the right to a secret ballot without intimidation.
Protecting the right to stand for election.
Allowing the assistance of a helper of the PWD's own choice to help with the use of appropriate technology.
Promoting an environment where PWDs can fully and effectively take part in public and political affairs.

The 2014 paper Successful Inclusion of PWDs in Democratic Governance, Structures and Processes - Case of Uganda discusses the role of PWDs in the democratic process in Uganda. The paper opens noting that:

currently political representation of PWDs is well established, with Seven Members of Parliament (MPs) with five of them indirectly elected through quotas and two through mainstream electoral process as well as over 50,000 representatives at district level and below.

The paper concludes:

The bottom line, however, is that for disability inclusive policies to happen, there must be a high level of mobilisation of PWDs. Otherwise, a divided group of PWDs cannot have the authority to influence decisions which can improve the livelihood of the entire population of PWDs.

If you are a PWD, your vote counts the same as any other citizen and you have the same right to vote as any other citizen.

Everyone is entitled to vote.

This law is written like this in section 37 of the Persons With Disabilities Act 2006:

37. Participation in public life.

(1) Persons with disabilities shall have the right to fully participate in political and public life and to vote and be voted in any political office.

(2) Persons with disabilities shall have the right to participate in public administration, civil society, political parties and other associations or organisations.

(3) Persons with disabilities shall have the right to fully participate and take part in the decision making process.

(4) The Government shall guarantee that persons with disabilities can exercise their political rights by—

(a) ensuring that voting procedures, facilities and materials are appropriate, accessible and easy to understand and use;

(b) protecting their right to vote by secret ballot in elections and referenda without intimidation and to stand for elections;

(c) allowing assistance in voting by a person of their own choice, on request and facilitating the use of assistive and new technologies where appropriate; and

(d) generally promoting an environment in which persons with disabilities can fully and effectively participate in political activities and public affairs.

Monday, 6 March 2017

Disability Rights 25: Rights of the family

Section 36 of the PWDA says PWDs have the right to a home and a family. PWDs also have the right to express their sexuality in a relationship. At the age of 18 years a PWD is free to marry a spouse of their own choice. Each person has equal rights in a marriage. You are also free to have any number of children in your family when you choose. A PWD has the right and duty to bring up their own children. A child with a disability has the right to be with their parents.

This section of the law is about three things:

Women's sexual and reproductive rights
The rights of children.
The rights of the family.

Taking each of these in turn:

1. If you are a woman with a disability you have the right to express your sexuality in a relationship. You have the right to marry after you are 18 years old. You are equal in marriage with your partner. You are free to choose when you get pregnant and have any number of children you want. You have the right and duty to bring up your children.

2. Children with disabilities have family rights too. Parents have duty to bring up their disabled child and a child with a disability has the right to be with their parents.

3. Above all you have the right to have a family, and with that right comes responsibilities. If you are a parent you have right to have children and a duty to bring up your children.

If you are a PWD all these rights are yours. You can express your sexuality in a relationship, you have the right to marry after you are 18 and you are equal to your partner, you can choose how and when you have children and you have the right to live in a family with your children.

Hellen Nakiriya, a nurse, explains to Susan Isabirye who is deaf, and speech impaired how a coil works.

PWDs are often the victims of sexual abuse, if you are a woman with a disability you are more likely to be a victim of abuse. This 2015 newspaper article, Sexual and reproductive health rights for women with disabilities wanting, highlights some of the issues women with disabilities face:

The right to sexually associate freely means having choice to choose with whom and where to have sexual intercourse. But that is far from the reality Juliet Nanungwe, a resident of Kamuli Town Council experienced. The 39-year old mother of four is physically crippled. She uses a wheel chair. She is married with four children but relatives of her husband hurl insults at her. “They say I am a curse in their family because I am disabled,” she laments.

This law is written like this in section 36 of the Persons With Disabilities Act 2006:

36. Rights of the family.

(1) A person with disability has the right to a home and a family and shall be entitled—

(a) to experience his or her sexuality and to have sexual and other intimate relationship;

(b) at the age of eighteen years and above, to marry a spouse of his or her own choice and to found a family;

(c) to equal rights at and in marriage, during marriage and at its dissolution;

(d) to decide the number and spacing of his or her children; and

(e) to guardianship, trusteeship and adoption of children under the relevant laws.

(2) A person with disability has a right and duty to care for and bring up his or her child and shall not be separated from his or her child except in accordance with the law.

(3) A child with disability shall not be separated from his or her family or a person entitled to bring up that child except in accordance with the law.

Sunday, 5 March 2017

Disability Rights 24: Right to privacy

Section 35 of the PWDA says that you have a right to privacy.

What is privacy? Privacy International says:

Privacy enables us to create barriers and manage boundaries to protect ourselves from unwarranted interference in our lives, which allows us to negotiate who we are and how we want to interact with the world around us. Privacy helps us establish boundaries to limit who has access to our bodies, places and things, as well as our communications and our information.

Privacy is a fundamental human right, it has to do with all those things you consider private to yourself. The right to privacy begins with dressing modestly and reaches into all areas of your personal life. Privacy has to do with:

Your sexuality, your body, your disability and your medical records.
How you look and how you dress - your personal identity is your own concern.
Your relationships with other people.
How your personal information is kept and how your privacy is maintained.

If you are a PWD you do not need to share details about your disability. Your personal details are your own concern. It is your right to have a private life.

“People with disabilities often depend on a care-giver. This has a great impact on getting information privately and confidentially.”

This law is written like this in section 35 of the Persons With Disabilities Act 2006:

35. Right to privacy.

Persons with disabilities, including those living in institutions, shall not be subjected to arbitrartor unlawful interference with their privacy.

Saturday, 4 March 2017

Disability Rights 23: Cruel, inhuman or degrading treatment

Section 34 of the PWDA says that PWDs should not be subjected to cruel, inhuman or degrading treatment. Also, no one is allowed to subject a PWD to a medical or scientific experiment without their free and informed consent.

PWDs are more likely to be the victims of violence than non-disabled people. And women with disabilities are much more likely to be the victims of violence than their non-disabled counterparts (see Document on Violence against Women with Disabilities). Violence against women includes the following:

forced isolation, confinement, and being hidden in the family home
forced and coerced administration of psychotropic drugs or putting drugs in the food
forced and coerced institutionalization
restraint and isolation in institutions
creating pretextual situations to make the woman appear violent or incompetent in order to justify institutionalization and deprivation of legal capacity
labelling anger and self-assertion by women as behavior that is “mentally ill and dangerous” (especially if the woman has been previously institutionalized)
withholding medication that the person uses voluntarily, medical and mobility aids, or communication equipments
denial of necessities and purposeful neglect
threats to neglect children or pets
verbal abuse and ridicule
physical abuse or threat of it
being left in physical discomfort or embarrassing situations for long periods of time
threats of abandonment
violations of privacy
being ignored
financial abuse
restraint, strip searches, and solitary confinement that replicate the trauma of rape
rape by staff and other inmates/residents of institutions
forced abortion
forced sterilization

For people with mental health problems the situation is equally bleak. In a 2013 report Psychiatric hospitals in Uganda: A human rights investigation, inspectors from the Mental Disability Advocacy Center (MDAC) and Mental Health Uganda (MHU) noted in their report that Uganda has a mental health service that is under developed and under resourced. Mental health laws are outmoded and unenforceable and date back to the colonial era. There is no reference to the human rights for people in hospital with mental health problems and furthermore, there is no protection against maltreatment or abuse. These are some human rights abuses uncovered by the inspection team:

People with mental health issues were frequently locked in dark and cold seclusion rooms, often naked, lying on the same floor where they were forced to urinate and without access to a toilet.
People with mental health issues were not free to leave hospital without the permission of staff, whether or not they were legally detained... The majority were forcibly brought to psychiatric hospitals in shackles or ropes, and in very few cases was there any lawful authority for such practices.
Compulsory and forced treatment was the norm, and the right to informed consent and refusal of treatment was completely denied.
The entire system was based on a highly pharmacological approach. Alternatives such as psychological or psycho-social interventions were virtually unknown and individualised care was completely absent.
The conditions in many hospitals were appalling, including at Butabika hospital male and female acute wards, which were seriously overcrowded.
The physical health care needs of the majority of inpatients were neglected.
Women with mental health issues were subjected to additional abuses. Women reported not being provided with sanitary pads and had to wear dirty underwear and were left without access to clean clothes or washing facilities.
Food was not provided by the government in hospitals, except at Butabika. This was particularly concerning as many people with mental health issues had been abandoned by their communities and families and were left destitute.

If you are a woman with a disability and you have been the victim of abuse; or if you have a mental health problem and you have been a victim of abuse; or if you are member of the public and you have witnessed any abuse; you can report the incident to the National Council for Disability for further investigation.

Psychiatric hospitals in Uganda: A human rights investigation.
The absence or lack of enforceable legislation is of serious concern, meaning that mental health care and abusive practices can take place without any regulation whatsoever. Uganda must now stop stalling on the passage of new, robust legislation based on and extending human rights protection to those people who use psychiatric services in the country. It should do this through the passage of legislation as soon as possible, and must ensure that people with mental health issues and their representative organisations are involved in the process.

This law is written like this in section 34 of the Persons With Disabilities Act 2006:

34. Cruel, inhuman or degrading treatment.

(1) A person or institution shall not subject a person with disability to cruel, inhuman or degrading treatment.

(2) A person or institution shall not subject a person with disability to medical or scientific experimentation without the free and informed consent of the person concerned.

Friday, 3 March 2017

Disability Rights 22: Affirmative action

Section 33 of the PWDA states that the government shall use affirmative action to resolve imbalances that exist against PWDs.

Affirmative action is a means of favouring a group that is marginalized in society. Affirmative action can be implemented in three ways:

A quota system where by a number of places are allocated to PWDs
A percentage system where a percentage of posts is allocated to PWDs.
By law where a post is legislated.

The following are examples of affirmative action in Uganda (see The Realisation of Human Rights for Disabled People in Higher Education in Uganda: A Critical Analysis Drawing on the UNConvention on the Rights of PWDs):

Admission of disabled people into public universities through the allocation of places.
5 Members of Parliament (MPs) representing PWDs.
At local government level: 2 Councilors representing PWDs in Local Council Five, 2 at Local Council Three and 1 at Village Council.
PWDs are represented on top management boards of government by Acts of Parliament.

Affirmative action is often criticized for the great weakness that it does not address the issues of inequality and discrimination that already exist in society. However, affirmative action is a chance to get your voice heard.

If you are a PWD this means that there are places reserved for PWDs in universities and in local and national government. You have a chance to speak and be heard.

Special Needs Education (SNE) is designed as an affirmative action:

In spite of the existence of an elaborate institutional and legal framework to cater for the realization of the right to education for children with special needs, implementation of these policies is still a challenge. Only 0.33% of the education sector budget was allocated to the financing to the Special Needs Education (SNE) in Uganda from 2010/11 to 2012/13, and yet the Persons With Disability Act (2006) stipulates that not less than 10% of all educational expenditure should be allocated to the needs of Persons with Disability (PWDs).

SNE was designed as an affirmative action to facilitate educational approaches and programmes specially designed for persons with special learning needs.

This law is written like this in section 33 of the Persons With Disabilities Act 2006:

33. Affirmative action in favour of persons with disabilities.

Government shall take affirmative action in favour of persons with disabilities for the purpose of redressing imbalances which exist against them.

Thursday, 2 March 2017

Disability Rights 21: Constitutional rights

Section 32 of the PWDA says that all the rights given in chapter 4 of the Constitution of Uganda also known as the Bill of Rights are the right of every citizen and apply equally to PWDs. These rights have been detailed in the series of blog posts Know Your Rights 1: Fundamental Human Rights to Know Your Rights 27: Getting your voice heard 2. Furthermore, the rights of PWDs are to be respected, upheld and promoted by all the organs and agencies of the government and by all persons.

It is important for PWDs to understand that the rights given in chapter 4 of the Constitution of Uganda mean that as a citizen of Uganda a PWD is like any other citizen, and as such they have the same rights as every other citizen. Everyone deserves to be treated with equality and to be free of discrimination. These human rights are enshrined in the law because disability is a part of human diversity. Every citizen is equal, no one should be subjected to discrimination.

If you are a PWD the human rights guaranteed to every citizen in chapter 4 of the Constitution of Uganda are guaranteed to you by law. Moreover, those human rights are to be respected, upheld and promoted by every department of the government and by all citizens in Uganda.

In the Face of Dangerous Prejudice, Activist (Peter Ogik on the Right) Works On Behalf of People With Albinism in Uganda.
Fazira Kawuma, vice chairwoman of the National Council for Disability, says Ogik works hard to promote awareness about issues of albinism.
“I believe people are now more aware about albinism in the communities,” she says. “Even those who had bad intentions against albino people now see them as human beings who have rights that should be respected.”

This law is written like this in section 32 of the Persons With Disabilities Act 2006:

32. Constitutional rights and freedoms.

The fundamental rights and freedoms enshrined in Chapter Four of the Constitution shall be respected, upheld and promoted by all organs and agencies of government and by all person in respect to persons with disabilities.

Wednesday, 1 March 2017

Disability Rights 20: Discriminatory advertising

Section 31 of the PWDA says it is illegal to place an advertisement that contradicts this Act.

What is discriminatory advertising? The following examples from employment interviews illustrate the point very clearly.

In this first example from a 2014 Ugandan paper Challenges in the Promotion and Protection of the Rights of PWDs, information is omitted from an advertisement:

Government jobs adverts attest to the reluctance to employ PWDs and reflect disability insensitivity, because they lack statements such as ‘Qualified PWDS are encouraged to apply’ and instead promote sentiments such as ‘Previous work experience and ability to drive,’ so to say –qualities most PWDS do not have.

In this next case education services are not allowed to discriminate against PWDs by law. This experience is from a 2016 paper My story, my rights: how individual stories of people with disabilities can contribute to knowledge development for UNCRPD monitoring:

‘Negative attitudes of others’ was once again considered the most significant barrier to work and employment by persons with disabilities in Uganda, in the stories that related to this theme. Storytellers said that they are often perceived as ‘incapable of doing a job’, as the following story quotes reveal:

- One day I went to search for a job… It was about teaching. When I got there, people told me that they could not give me a job because of my disability...

Finally, this job was advertised as open to PWDs, but the interviewee faced discrimination during his interview. This comes from a 2012 newspaper article Patrick Obure: Physically impaired, but an able painter:

“I was once shortlisted and when I came for the interview, the way the head of the panel asked me questions suggested the job wasn’t for people of disabilities. I was asked to leave. I was harassed. Yet in the advert they had indicated they had equal opportunities.”

If you are a person with a disability you should understand that failure to state that a job is open to PWDs in an advert is discriminatory because information is missed out. Missing out information is just as discriminatory as advertising a job as open to PWDs and discriminating in the interview. Both are against the law.

Discriminatory advertising shouldn't prevent anyone from getting a job.

This law is written like this in section 31 of the Persons With Disabilities Act 2006:

31. Advertisements implying discrimination

(1) No person shall, publish, display, circulate cause or permit to be published, circulated or displayed, an advertisement or notice that indicates, or could reasonably be understood to indicate, an intention to do an act that is unlawful under the provisions of this Act.

(2) For the purposes of subsection (1),"advertisement "includes all forms of publicity-

(a) in newspapers, television or radio;

(b) by display of notices, signs, labels, show cards or goods;

(c) by circulation of samples, catalogues pricelists, leaflets, handbills or any other form of circular;

(d) by exhibition of pictures, models, photographs, films or any other form of exhibition.

Subscribe to: Posts ( Atom )