Introduction

India’s Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 (DMRA) prohibits advertisements claiming to cure 54 specific medical conditions without proven efficacy. However, the advent of Big Tech advertising has bypassed this framework. Platforms such as Meta, Google, and others are now running sponsored ads for unapproved ayurvedic and homeopathic treatments, violating DMRA provisions. Despite clear illegality, these violations persist due to jurisdictional leniency, U.S.-based corporate protection, and absence of enforcement by Indian regulators.

Why in the News

Big Tech’s persistent advertising of unverified health products and ayurvedic “cures” on Indian social media platforms has triggered major concern. The issue marks a systemic regulatory failure, even after India’s decades-old legal framework (DMRA, PNDT Act) prohibits such practices, platforms continue to profit from misleading medical claims. The scale of harm, coupled with cross-border corporate impunity, has made this a critical governance challenge and a new frontier in public health ethics and digital accountability.

How Has Advertising in Public Health Evolved in the Digital Era?

1. Shift from Traditional to Digital: Advertisement control has weakened as digital and social media replaced print and broadcast.
2. Rise of Big Tech Platforms: Meta, Google, and others allow sponsored advertisements promoting “miracle cures,” violating the DMRA.
3. Absence of Oversight: Digital platforms operate transnationally, making regulatory enforcement difficult.
4. Public Health Implication: Continuous exposure to false medical claims undermines rational drug use and increases health risks.

Why Are Big Tech Platforms Violating Indian Law?

1. Profit-Driven Algorithms: Platforms profit from “sponsored” or “boosted” posts, regardless of legality or health implications.
2. Weak Accountability: Advertisers and intermediaries claim immunity as “third-party hosts,” avoiding liability under Indian law.
3. Jurisdictional Escape: Since most Big Tech firms are headquartered in the U.S., Indian laws like DMRA lack cross-border enforcement power.
4. Regulatory Vacuum: Absence of a unified digital advertising regulator allows platforms to function without deterrence.

What Legal Frameworks Are Being Ignored?

1. Drugs and Magic. Remedies (Objectionable Advertisement) Act, 1954: Prohibits advertisements for 54 medical conditions; violation is a criminal offence.
2. Pre-Conception and Pre-Natal Diagnostic Techniques (PNDT) (Prohibition of Sex Selection) Act, 1994: Bans sex-selection advertisements; Big Tech platforms earlier violated this as well.
3. Drugs & Cosmetics Act, 1940: Requires all medicines to be clinically established before advertising.
4. IT Act, 2000 (Section 79): Provides conditional immunity to intermediaries, which is being misused to escape responsibility.
5. U.S. Corporate Protection: American law shields these corporations from Indian prosecution, leading to managerial impunity.

What Are the Broader Implications for Governance and Sovereignty?

1. Erosion of Regulatory Authority: India’s ability to enforce its health and advertising laws is weakened.
2. Public Interest vs. Corporate Freedom: Public health suffers as profit-driven digital advertising goes unchecked.
3. Failure of Accountability Mechanisms: Courts and regulators have struggled to bring Big Tech executives under Indian jurisdiction.
4. Threat to Rule of Law: Unequal treatment between Indian entities and global corporations undermines trust in domestic regulation.

What Policy Reforms Are Needed?

1. Legal Recalibration: DMRA and PNDT Act need alignment with the Information Technology Act to hold intermediaries accountable.
2. Managerial Responsibility: Indian courts should compel Big Tech executives to appear before regulators and face prosecution if violations persist.
3. Strengthened Digital Health Advertising Rules: Mandate health ads to carry verification tags or disclaimers by government-authorized bodies.
4. Bilateral Cooperation: India-U.S. digital diplomacy must address cross-border legal immunity for tech corporations.
5. Institutional Oversight: Establish a Digital Health Advertising Authority (DHAA) under the Ministry of Health to oversee compliance.

Conclusion

Big Tech’s disregard for Indian health advertising laws symbolizes the intersection of technology, law, and public welfare. Without regulatory modernization and corporate accountability, digital platforms will continue to operate beyond the reach of Indian law. Ensuring managerial accountability, legal parity, and public health protection must now be central to India’s digital governance reform agenda.

PYQ Relevance

[UPSC 2023] Introduce the concept of Artificial Intelligence (AI). How does AI help clinical diagnosis? Do you perceive any threat to privacy of the individual in the use of AI in healthcare?”Introduce the concept of Artificial Intelligence (AI). How does AI help clinical diagnosis? Do you perceive any threat to privacy of the individual in the use of AI in healthcare?

Linkage: Health related topics are a recurring theme in both GS2 and GS3 papers. The growing use of AI by Big Tech in healthcare mirrors the same challenge of data misuse and weak accountability seen in misleading health advertisements. Both reflect how unchecked digital algorithms can exploit personal health data for profit, posing grave risks to privacy and public trust in India’s health governance system.

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