Syllabus: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources
Context of the Issue
- Big Tech platforms routinely violate Indian drug advertisement laws causing serious public health concerns. They publish misleading advertisements for ayurvedic, homeopathic products claiming therapeutic effects for prohibited conditions.
Legal Framework
- Drug Advertisement Regulation
- Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA), 1954 enacted after 27-year deliberation.
- Prohibits advertisements of drugs (approved/unapproved) for 54 medical conditions like diabetes, cancer.
Big Tech’s Violations
- No Big Tech platform warns advertisers against submitting advertisements violating DMRA provisions.
- Search engines, social media, marketplaces display “sponsored” ads for ayurvedic/homeopathic products treating prohibited conditions.
- Platforms feature godman videos claiming disease cures, cow-urine cancer treatment ads violating DMRA.
- None of these advertisements run in United States as the platforms have elaborate compliance mechanisms there.
Reasons for Non-Compliance
- Systemic Issues
- Traditional contempt by American corporations (Union Carbide precedent) showing disregard for Indian lives.
- Systemic racism in American corporate management not valuing Indian lives equally with Americans.
- Legal Immunity and Evasion
- Big Tech escaped punishment for violating PNDT Act, 1994 (sex determination advertisement prohibition).
- Platforms claimed “intermediary” status and not “publisher” despite actively pitching advertisements, signing contracts, accepting payments.
- US government won’t extradite managerial personnel for prosecution in India and the Indian subsidiaries cannot be prosecuted as different legal entities from US parent companies.
Proposed Reforms
- Register criminal complaints against platform management in competent Indian courts immediately.
- Create regulatory mechanisms ensuring managerial personnel responsible for policies are Indian citizens in India.
- Mandate personnel answerable to Indian courts; jail time threat necessary for Big Tech compliance.
- Revoke intermediary immunity under Indian law if Big Tech fails compliance with public health laws.