Plea to I&B on smoking, tobacco warning: Prevent authority duplication

On the contentious issue of the depiction of smoking and tobacco use, online curated content providers (OCCP) have urged the Information & Broadcasting Ministry to prevent a duplication of authority between itself and the Health Ministry which will arise if the latter’s separate set of rules is accepted.

The providers say they already comply with the code of ethics under the 2021 IT Rules administered by the I&B Ministry on how smoking and tobacco use can be depicted.   

The 57 OCCPs registered with the government have raised concerns over the proposed health ministry notification for the creation of a ‘separate mechanism under the 2023 Tobacco Warning Rules (effective from I September) for dealing with the same issues over which IT rules have jurisdiction,’ said the OCCPs in a letter to I&B Minister Anurag  Thakur. 

A second mechanism will merely lead to complicated 'overlaps and needless friction' between the two ministries, they said in their letter, send through the Internet and Mobile Association of India (IAMAI), which represents the industry. They also ask for Thakur’s intervention and a meeting with him.

The OCCP players lamented the Health Ministry’s failure to consult them and pointed out that the framework of the 2021 IT rules was sensible. “It strikes a balanced approach by empowering users to exercise meaningful agency while remaining mindful of the larger concerns related to harmful substances,” they said.

They fear that the Health Ministry’s 2023 Tobacco Warning Rules will adversely impact viewing because they require audio visual disclaimers and health spots even in the middle of programmes. On smartphones, anti-tobacco warnings have to be displayed prominently during a tobacco product display or use which they believe will create a problematic experience.

The varying kinds of content also pose a problem for them. This ranges from subscription video on demand to advertising-led video on demand and programmes can last between 20 minutes to three hours. Applying the same rule of duration of warnings for all - which includes warnings, health spots, and disclaimers – as required by the 2023 Tobacco Warning Rules is not feasible in their opinion.

The third issue is the practical impossibility of including such warnings across content. The Health Ministry wants the warnings and disclaimers to be in the same language as the programme. But OCCPs tend to dub their content in multiple languages, not only regional Indian languages but in Arabic and south Asian languages. A significant logistical issue arises from having disclaimers and warnings in multiple languages for the same piece of content.

Finally, OCCP players fear that while many international programmes are rapidly becoming popular in India, the additional rules might deter creators from exhibiting in India as it could impinge on their freedom of speech.

The IAMAI says that the 2023 Tobacco Warning Rules do not account for the changes in technology and new regulatory requirements for OCCPs which recognise ‘content descriptors’ such as age classification as a more effective way to regulate content.

For instance, the 2021 IT rules make it mandatory for OCCPs to display content ratings as well as an explanation of the relevant content descriptors at an appropriate place so that viewers can take an informed decision before watching.  Such content descriptors should also inform users of the depiction of smoking and tobacco consumption.

The OCCPs’ letter argues that the I&B Ministry drafted the IT rules of 2021 only after a detailed study of global best practices, making them well-founded.