Anti-Tobacco Warnings for OTT Programmes Quickly, Health Ministry to Amend Related Rules

OTT platforms could quickly be mandated to show anti-tobacco warnings and disclaimers as are seen in films screened in theatres and in tv programmes with the Health Ministry prone to amend the related guidelines, officers sources stated on Thursday. The ministry is actively contemplating amending the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, and a notification on this regard is prone to be issued quickly, they stated.

According to the draft notification, publishers of on-line curated content material displaying tobacco merchandise or their use shall be required to show anti-tobacco well being spots every of a minimal of 30 seconds at the start and center of the programme, an official supply instructed PTI. They shall even be required to exhibit an anti-tobacco well being warning as a outstanding static message on the backside of the display screen when tobacco merchandise or their use are displayed throughout the programme.

Also, an audio-visual disclaimer of a minimal of 20 seconds on the unwell results of tobacco use needs to be displayed at the start and center of the programme, the supply said.

“The anti-tobacco health warning message shall read as ‘Tobacco causes cancer’ or ‘Tobacco kills’. Besides, the anti-tobacco health warning messages, health spots and audio-visual disclaimers will have to be in the same language as used in the online curated content.” According to officers, the usage of tobacco merchandise and smoking are proven extensively in net collection and flicks streamed on OTT platforms and with none disclaimers in clear violation of the Cigarettes and Other Tobacco Products Act, 2003.

“The OTT platforms, because of their huge popularity, play a crucial role in promoting tobacco use among children and youth in our country,” an official stated.

Ranjit Singh, an advocate within the Supreme Court stated modification to the foundations will really make India a world champion in regulating tobacco promotion via leisure medium.

“The morbidity and mortality due to tobacco use are well established. The government enacted COTPA to discourage tobacco use by eliminating all direct and indirect advertisements of tobacco.

“The tobacco trade goals to get the kids hooked to tobacco… The ban on tobacco ads underneath COTPA led to a spurt of incidents of promotion of tobacco via leisure medium,” Singh said. Binoy Mathew, programme manager at the Voluntary Health Association of India, said that streaming services have gained immense popularity, especially during the Covid pandemic and among teens.

“Teens at school uniform smoking tobacco had been being proven fairly regularly. There had been additionally scenes the place tobacco management legal guidelines and their intent had been ridiculed. The draft notification, as soon as issued, will finish brazen tobacco promotion on OTT platforms,” Mathew said.

India will become a global leader in tobacco regulation by implementing the regulation on OTT. India can set an example to the world, he said.

According to the proposed amendments to the Rules, the display of tobacco products or their use in online curated content will not be extended to the display of brands of cigarettes or other tobacco products.

If the 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 shall issue notice to them giving reasonable opportunity to explain such failure and make appropriate modifications in the content, another source said.

“According to the daft notification, ‘on-line curated content material’ means any curated catalogue of audio-visual content material, aside from information and present affairs, which is owned by, licensed to or contracted to be transmitted by a writer of on-line curated content material and made obtainable on demand over the web or pc networks. “It includes films, audio-visual programmes, documentaries, television programmes, serials, series, podcasts, and other such content,” the supply added.