Big Tech and Misleading Health Ads: A Case of Failed Regulation and Digital Sovereignty
UPSC Relevance
Prelims: Indian Polity and Governance (Key Legislations - Drugs and Magic Remedies (Objectionable Advertisements) Act 1954, PNDT Act 1994, IT Act 2000, Section 79); Public Health; Science & Technology (Big Tech platforms).
Mains:
General Studies Paper 2 (Polity & Governance): "Government policies and interventions"; "Important aspects of governance, transparency and accountability"; "Statutory, regulatory and various quasi-judicial bodies" (Failure of enforcement).
General Studies Paper 2 (International Relations): "Effect of policies... of developed countries" (US-based Big Tech behavior).
General Studies Paper 3 (Internal Security & S&T): "Role of media and social networking sites"; "Basics of cyber security" (related to platform liability).
General Studies Paper 4 (Ethics): "Ethical concerns and dilemmas in government and private institutions" (Corporate ethics of Big Tech); "Probity in Governance".
Key Highlights from the News
Big Tech platforms like Google and Meta extensively publish misleading advertisements in India, claiming to cure diseases like diabetes, cancer, and high blood pressure.
Such advertisements, especially for Ayurvedic and Homeopathic products, are a blatant violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA) of 1954.
The DMRA prohibits advertisements in India that offer cures for 54 medical conditions.
These companies, which adhere to strict regulations in the US, show "brazen disregard" for Indian laws.
Reasons behind this law violation:
Traditional contempt for Indian laws.
Past failures of the Indian judiciary in enforcing similar laws (e.g., the PNDT Act preventing fetal sex determination).
The confidence that their senior officials based in the US cannot be extradited to India for trial.
The article strongly argues that in terms of advertisements, these platforms are not legally protected "intermediaries" but rather "publishers" with full legal responsibility.
The article suggests criminal prosecution against responsible officials in the Indian branches of these companies as a solution.
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