OTT platforms may soon be required to display anti-tobacco warnings and disclaimers, similar to those seen in movies and television programs, as the Health Ministry looks to amend the relevant rules. The ministry is actively considering amending the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, and is expected to issue a notification on this matter soon.
The draft notification states that publishers of online curated content depicting tobacco products or their use will need to include anti-tobacco health spots lasting at least 30 seconds at the beginning and middle of the program. Additionally, they must display a prominent static message at the bottom of the screen when tobacco products or their use are shown, highlighting the health risks of tobacco. Furthermore, a 20-second audio-visual disclaimer about the ill effects of tobacco use should be displayed at the beginning and middle of the program.
The anti-tobacco health warning must read ‘Tobacco causes cancer’ or ‘Tobacco kills’ and should be in the same language as the content. Officials argue that current web series and movies on OTT platforms often depict tobacco products and smoking without disclaimers, which violates the Cigarettes and Other Tobacco Products Act, 2003. These platforms, due to their popularity, play a crucial role in promoting tobacco use among children and youth in our country.
The proposed amendment to the rules will make India a leader in regulating tobacco promotion through entertainment. The government enacted COTPA to discourage tobacco use by prohibiting all direct and indirect advertisements of tobacco. However, the tobacco industry aims to attract youngsters to tobacco, leading to a rise in tobacco promotion through entertainment mediums.
Streaming services, especially during the Covid pandemic, have gained immense popularity, particularly among teenagers. Instances of teenagers smoking tobacco while in school uniforms and scenes ridiculing tobacco control laws were becoming frequent. The draft notification will effectively end blatant tobacco promotion on OTT platforms.
By implementing regulations on OTT platforms, India has the potential to become a global leader in tobacco regulation, setting an example for the world. The proposed amendments do not extend to the display of cigarette or tobacco brands.
If publishers fail to comply with the provisions, an inter-ministerial committee consisting of representatives from the Ministries of Health, Information and Broadcasting, and Electronics and Information Technology will issue a notice, allowing them a reasonable opportunity to explain their failure and make necessary modifications to the content.
The draft notification defines “online curated content” as any curated catalog of audio-visual content, excluding news and current affairs, owned by, licensed to, or contracted to be transmitted by a publisher of online curated content, and made available on demand over the internet or computer networks. This includes films, TV programs, documentaries, series, podcasts, and other forms of content.
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Basant Kasayap is an entertainment aficionado who delves into the glitz and glamour of the entertainment industry. From Hollywood to Bollywood to regional cinema, she offers readers an insider’s perspective on the world of movies, music, and pop culture.
