The new additions include ads for drugs or treatment for enhancing sexual performance, sexual impotence, premature ejaculation and spermatorrhoea, fairness of skin, premature ageing, AIDS, improvement of memory, improvement in height of kids/adults, improvement in size of sexual organ, duration of sexual performance, premature graying of hair, stammering, sterility in women, disorders of menstrual flow hysteria, power to rejuvenate, obesity, maintenance or improvement of the capacity of the human being for sexual pleasure, improvement in size and shape of the sexual organ and in duration of sexual performance, insanity, increase in brain capacity and improvement of memory and improvement in height of children/adults.
Under the Act, the first conviction is punishable with imprisonment of up to six months or fine or both; and a subsequent conviction can result in imprisonment of up to a year or fine, or both.
The amendment proposes to increase the penalties. For the first conviction, the proposed punishment is imprisonment of up to two years and fine up to Rs 10 lakh. For subsequent conviction, the imprisonment may extend to five years with a fine of up to Rs 50 lakh.
The Ministry said the amendment is being made in order to keep pace with changing time and technology. It has been decided to solicit suggestions/comments/objections from the public/ stakeholders with regard to the said draft Bill. The suggestions/comments/objections may be forwarded within 45 days from the date of issue of this notice.
The draft bill also proposes an expansion of definition of an advertisement. It says, "any audio or visual publicity, representation, endorsement or pronouncement made by means of light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice, banner, poster or such other documents.