Big Tech’s contempt for Indian public health, Pg6

Key Highlights:

• Big Tech platforms are routinely publishing misleading advertisements, especially for ayurvedic and homeopathic products, violating the Drugs and Magic Remedies (Objectionable Advertisements) Act (DMRA), 1954.
• American Big Tech platforms do not have policies to warn advertisers against violating the DMRA.
• PIL was filed in 2008 regarding the violation of The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PNDT) by Big Tech platforms.
• Big Tech claims to be an "intermediary" and not the "publisher" to escape liability.
• The article suggests registering criminal complaints against the management of these platforms.

Detailed Insights:

• Since 1954, the DMRA prohibits advertisements for drugs claiming to have a therapeutic effect for 54 medical conditions, regardless of regulatory approval.
• Big Tech platforms have significantly impacted traditional advertising, making it difficult for governments to regulate advertisements.
• Big Tech does not run similar advertisements in the U.S. due to stringent laws and potential criminal prosecution.
• American corporations have shown contempt for Indian lives, dating back to Union Carbide, possibly due to systemic racism.
• Big Tech was evasive in addressing violations of the PNDT Act, claiming to be intermediaries, despite actively managing advertisements.
• The failure to enforce the PNDT Act and order criminal prosecutions has emboldened Big Tech's impunity in India.
• The U.S. government is unlikely to extradite Big Tech personnel to face criminal prosecution in India for violating the DMRA.
• The article proposes that managerial personnel responsible for content and advertising policies in India should be Indian citizens based in India and answerable to Indian courts .
• Failure to comply with legal requirements should result in the revocation of immunity granted to Big Tech under Indian intermediary laws.

Key Concepts Involved:

• Intermediary: Entity providing access or services for content generated by others, with limited liability.
• Publisher: Entity responsible for creating, selecting, and disseminating content, bearing full liability.
• Systemic Racism: Racism directed against a group of people based on institutionalized policies and practices.