 "OTT platforms to display anti-tobacco warnings similar to cinema theatres")
The Centre on Wednesday notified new rules to mandate the over-the-top (OTT) streaming platforms to display warning messages on ill-effects of tobacco use, including two video disclaimers of 20 seconds each in programmes showing any tobacco products or their use.
OTT content platforms like Netflix, Amazon Prime, and Hotstar displaying tobacco products or their use must display anti-tobacco health spots of a minimum 30 seconds duration each at the beginning and middle of the programme. The platforms will also need to display anti-tobacco health warnings as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the programme.
Additionally, they must display an audio-visual disclaimer on the ill effects of tobacco use, for a minimum of 20 seconds duration each, at the beginning and middle of the programme. The health warning message, health spot and audio-visual disclaimer must be in the same language as used in the online curated content.
The new rules also prohibit OTT companies from displaying brands of cigarettes or other tobacco products or any form of tobacco product placement. This may effectively ban the display of tobacco products in promotional materials. The rules will come into effect within the next three months.
The Ministry of Health and Family Welfare (MoHFW) has released the new rules following a discussion with the Ministry of Information and Broadcasting (IMB) and other stakeholders. The Rules, titled Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023 were released on the occasion of World No Tobacco Day.
The health spots, message and disclaimer will be made available to the publisher of the online curated content on the website “mohfw.gov.in” or “ntcp.mohfw.gov.in,” the rules say.
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The rules will apply to any curated audio-visual content provider other than news and current affairs platforms. This will also include subscription-based platforms over the internet or computer networks and includes films, audio-visual programmes, documentaries, television programmes, serials, series, podcasts, and other such content.
“If the publisher of online content fails to comply with new rules, the Union Health Ministry and the Ministry of Information and Broadcasting will take strict action," MoHFW said in a statement.
If a publisher of OTT content fails to comply with any rules, an inter-ministerial committee consisting representatives from MoHFW, IMB, and the Ministry of Electronics and Information Technology may take suo motu action.