Drug Regulator Examines Whether Website In Text Craig Kelly Violates Criminal Code – Hack
The body that regulates the use and advertising of drugs in Australia, the Therapeutic Goods Administration (TGA), is getting legal advice on whether a website linked to a text message sent by Craig Kelly violates the Criminal Code.
The text message, which was sent by the United Australia Party (UAP) and authorized by MP Craig Kelly, links to a website that uses the TGA logo and data out of context from the Adverse Reaction Authority. COVID vaccines.
In a statement to To hack, the TGA said it was consulting with the Commonwealth on “whether use of the TGA logo in this manner potentially violates both copyright law and the Criminal Code Act 1995”.
The Criminal Code Act deals with federal crimes and prohibits identity theft or misrepresentation of a Commonwealth body, which includes the TGA. If found guilty, a person can face up to two years in prison for the offense.
However, the TGA said it could not take any further compliance action against the texts, which have been circulating widely since the end of last week, because they do not violate the rules on deceptive advertising.
“In this case, the text messages and the website do not appear to constitute advertising under the law, so no compliance action can be taken,” a spokesperson said.
Wait, so how come Craig Kelly can send these messages in the first place?
As To hack reported last week, politicians and charities are exempt from the do-not-call registry.
They may also send you unsolicited electronic communications under the Spam Act of 2003, as long as they are not of a commercial nature.
“Electronic messages, such as e-mails or text messages that are not commercial – that is, they do not offer, advertise or promote any goods or services – are not not required to comply with obligations under the Spam Act 2003, “a spokesperson for the Australian Communications and Media Authority (ACMA) told Hack.
Which means that there is no way for you to opt out of political messages like those authorized by Craig Kelly. Even if you complain about them to ACMA (and over 4,000 people have), it really can’t do anything because they are not breaking any law.
Are there laws against the dissemination of false health information?
The TGA can impose fines on individuals and businesses for false advertising. He fined former leader-turned-anti-vaxxer Pete Evans nearly $ 80,000 for false claims that his products have treated or prevented COVID infections.
But as the TGA said in its statement, the allegations must be viewed as advertising for it to impose fines. PSU messages are not of a commercial nature.
“I think the TGA is in a difficult position here because what we’re talking about here is political advertising, the misuse of TGA data,” said Dr Darren Saunders, Biomedical Scientist at the School of Medical Science at the University of Sydney. Hack.
Dr Saunders said he is deeply concerned with the way TGA data is represented in Mr Kelly’s text messages and website.
“It’s deliberately misleading. It’s presenting information without context,” he said.
The website linked to Mr Kelly’s post lists data collected from the TGA on the reactions people reported having after receiving a COVID vaccine.
The TGA collects data on side effects, but this does not necessarily mean that the vaccine caused these reactions. For example, a person may report a fever in the days and weeks after being vaccinated, and it could be due to the vaccine, or it could be because they got the flu.
“We have now distributed over 21 million doses of the COVID vaccine in Australia. So there will be a lot of people who have had some sort of health problem around this time, who have also been vaccinated with COVID in the previous weeks, ”said Dr Saunders.
“This doesn’t mean this health report is due to the COVID vaccine; it could just be a complete coincidence.”
Dr Saunders said the TGA investigates all complaints and then determines whether the reaction is caused by the vaccine.
“If you go to the TGA website, they list all the caveats, limitations, and all that important background information on how to use that information,” he said.
“It’s lost in the way Craig Kelly presents it to people.”
“It’s designed to scare people”
Dr Saunders said Mr Kelly and the UAP were “cynically” exploiting people’s fears about vaccination and betting on a lack of understanding of how science works.
“You can’t understand this data without knowing all these limitations and caveats that scientists are trained to spot,” he said.
“But at the same time, it leaves that data open to people like Craig Kelly who present it and distort it. And in a really cynical way, it’s designed to be inflammatory, it’s designed to scare people.”
“It doesn’t help people make good choices about their health,” said Dr Saunders.