Big Tech's Non-Compliance with Indian Health Regulations and the Drugs and Magic Remedies Act
This article highlights how major social media and search platforms routinely host advertisements for unverified medical treatments, violating the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA), 1954. Despite strict regulations in the U.S., these platforms allow misleading ads for cures for chronic diseases like diabetes and cancer in India. The authors argue that Big Tech exploits the 'intermediary' status to avoid liability. They call for reforms, including criminal prosecution of managerial personnel and revoking legal immunity if platforms fail to enforce local health laws.
Key Points
- The DMRA 1954 prohibits advertising drugs for 54 medical conditions, regardless of their clinical efficacy.
- Big Tech platforms often host misleading ads for ayurvedic, homeopathic, and cow-urine based products claiming to cure serious illnesses.
- Platforms claim 'intermediary' status to avoid liability for user-generated content, yet their marketing teams actively solicit these ads.
- The Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act is also frequently violated by these platforms.
Exam Facts
- Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA) was enacted in 1954.
- The DMRA lists 54 medical conditions for which drug advertisements are prohibited.
- Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) Act, 1994.
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