The Union Health Ministry has proposed that OTT platforms require the display of 20 seconds of audio-visual disclaimers about the harmful effects of tobacco use and 30 seconds of “non-skippable” anti-tobacco health spots as soon as users begin streaming the platforms. Recently, the ministry proposed changes to the anti-tobacco regulations pertaining to over-the-top (OTT) platforms. In response to a major concern expressed by OTT platforms, the draft allows platforms to alter only content that was released or published after the new regulations were put into effect last year.
Additionally, the ministry has released draft amendments that tighten anti-tobacco laws pertaining to over-the-top (OTT) services. More stringent regulations than the 2023 rules are introduced in the draft “The Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules 2024.” The draft guidelines state that starting on September 1, 2023, all foreign and Indian films, regardless of their CBFC certification status, must feature anti-tobacco health spots that last at least 30 seconds each in the beginning and middle of the film. When tobacco use is depicted in content on over-the-top (OTT) platforms, a prominent static message has to appear at the bottom of the screen throughout the entire scene.
India became the first nation in May 2022 to compel OTT platforms to display anti-tobacco warnings similar to those seen in movie theaters and on television, citing public health as a top priority. Officially going into force on September 1, 2023, the regulations now impose more stringent guidelines. According to the 2023 regulations, any online content that includes tobacco products has to have a static anti-tobacco warning during scenes that involve tobacco use, as well as anti-tobacco health spots that last at least 30 seconds at the beginning and middle of the content. The prior regulations, however, did not specifically mention “films” or offer special guidelines for them.
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But the 2023 rules did not explicitly use the term “films” and separately detail the rules for them. The draft issued on September 13 states, “All content published in the online curated content platforms, shall display non-skippable and anti-tobacco health spots of minimum 30 seconds duration and non-skippable audio-visual disclaimer on the ill effects of tobacco use, of minimum 20 seconds upon opening the platforms of the publishers of the online curated content.”
“So basically streaming platforms now will have to show these health spots and audio-visual disclaimers not just in the beginning and in the middle of the programmes, but as soon as someone opens up the streaming platform in the existing current rules, the health spots and audio-visual disclaimer are not displayed immediately after opening the platforms.”
On September 1, 2023, the OTT regulations 2023 went into effect. As a result of these regulations, all over-the-top (OTT) platforms, including Netflix, Amazon Prime Video, Jio Cinema, Sony LIV, Voot, and others, are now required to display audio-visual disclaimers about the negative effects of tobacco use as well as anti-tobacco health spots and warnings as prominent static messages.
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