The Ministry of Health and Family Welfare has made it mandatory for OTT platforms to carry anti-tobacco warnings and has notified new rules for online curated audio-visual content. This decision follows extensive deliberations within the ministry, involving the information and broadcasting ministry and other stakeholders.
The rules will come into force three months from the date of their publication in the Official Gazette.
According to the notification, publishers of online curated content that display tobacco products or their use will now be required to include certain elements.
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Firstly, they must display anti-tobacco health spots, each lasting a minimum of 30 seconds, at the beginning and middle of the program Additionally, an audio-visual disclaimer, lasting a minimum of 20 seconds, highlighting the ill effects of tobacco use, should also be displayed at the beginning and middle of the program.
These rules are outlined in the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023.
Furthermore, the new norms stipulate that films or TV shows cannot display the brands of cigarettes or other tobacco products, nor engage in any form of tobacco product placement. Close-ups of tobacco products and tobacco product packages are also prohibited.
Additionally, OTT platforms must prominently display anti-tobacco health warnings as static messages at the bottom of the screen when tobacco products or their use are shown during the program.
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These warnings should state 'Tobacco causes cancer' or 'Tobacco kills'. Importantly, the anti-tobacco health warning messages, health spots, and audio-visual disclaimers should be in the same language as the online curated content, as stated in the notification.
Failure to comply with these guidelines will result in stringent action against the publisher of the OTT platforms.
The notification explains that an interministerial committee comprising representatives from the Ministry of Health and Family Welfare, Ministry of Information and Broadcasting, and Ministry of Electronics and Information Technology will take action either suo motu or based on a complaint.
The committee will identify the publisher of the online curated content and issue a notice, allowing a reasonable opportunity to explain the failure to comply and make appropriate modifications to the content.
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Key takeaways from the notification include the following:
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