Govt issues new anti-tobacco rules for OTT platforms

New Delhi: The health ministry on Wednesday issued new rules that require online streaming platforms to incorporate anti-tobacco warnings in their content. The notification empowers the ministry, alongside the Ministry of Information and Broadcasting, to enforce compliance, promising serious consequences for non-adherence.

Online content publishers are now required to display anti-tobacco health spots, lasting at least thirty seconds, at the beginning and middle of their programs. They must also feature an anti-tobacco health warning prominently on screen during the tobacco product’s display. In addition, an audio-visual disclaimer about the harmful effects of tobacco use, lasting at least twenty seconds, must be included at the program’s start and midpoint.

“The anti-tobacco health warning message shall be legible and readable, in black font on a white background,” according to the Health Ministry’s notification. Warnings such as “Tobacco causes cancer” or “Tobacco kills” must be presented in the same language as the content. The materials for these health spots and disclaimers will be made available to the publishers on official ministry websites.

Under the authority granted by section 31 of the Cigarettes and other Tobacco Products Act, 2003, the health ministry expanded its prohibition and regulation rules. The newly promulgated Cigarettes and other Tobacco Products Amendment Rules, 2023, mandates that health warnings and disclaimers be included in any online content featuring tobacco products.

An inter-ministerial committee, comprised of representatives from the Ministry of Health and Family Welfare, Ministry of Information and Broadcasting, and Ministry of Electronics and Information Technology, is tasked with ensuring adherence. This committee has the power to take action on its own or in response to a complaint. After identifying non-compliant content publishers, the committee will issue notices, providing them with the opportunity to rectify the situation and amend the content accordingly.

In a further step towards the de-glamorization of tobacco use, the ministry added that these rules prohibit the display of tobacco brands or product placements, and any promotion of tobacco use within the online curated content.

Mint reported in February that the government is working to bring anti-tobacco rules for OTT platforms.