Background on Drug Advertisement Regulation in India
Since 1927, the regulation of drug advertisements in India has been a significant public health concern. The Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA), enacted in 1954, prohibits advertisements of drugs for 54 medical conditions, regardless of their efficacy.
Impact of Big Tech Platforms
With advancements in technology and the rise of Big Tech platforms, traditional advertising avenues have shifted to digital formats, notably affecting print journalism and global advertising regulation, as these platforms are primarily based in the U.S.
Issues with Compliance
- Big Tech platforms in India often ignore the DMRA, publishing misleading advertisements, particularly for ayurvedic and homeopathic products.
- Despite strict regulations in the U.S. to prevent unapproved therapeutic claims, such compliance is not mirrored in their Indian operations.
Reasons for Non-compliance
- Historical Contempt: American corporations have a history of neglecting Indian laws, possibly rooted in systemic racism, undervaluing Indian lives compared to American lives.
- Lack of Serious Punishment: Big Tech has previously evaded significant penalties for violating the PNDT Act, resulting in a perception of impunity.
- Legal Immunity: U.S. legal frameworks and corporate structures protect Big Tech from prosecution in India.
Proposed Solutions to Tackle Violations
Addressing Big Tech's violations of the DMRA is critical for India, a nation with a tendency towards self-medication and nationalistic sentiments.
Steps Forward
- Register criminal complaints against the management of these platforms.
- Implement reforms forcing Big Tech to operate under Indian sovereignty, similar to U.S. regulatory strategies with TikTok.
- Mandate that managerial personnel responsible for content policies in India be Indian citizens, accountable to Indian courts.
- Consider revoking the intermediary immunity if compliance with Indian health laws is not enforced.
Authors: Dinesh S. Thakur and Prashant Reddy T. are authors of 'The Truth Pill: The Myth of Drug Regulation in India.'
