OTT platforms must display anti-tobacco warnings; Health ministry lays down new rules

anti-tobacco warning

Anti-tobacco warnings: It is now mandatory for OTT platforms like Netflix, Amazon Prime, Hotstar and others to show anti-tobacco warnings, as seen in movies screened in theatres and TV programs. The Union Health Ministry issued a notification to this effect to lay down new rules for anti-tobacco warnings for publishers. Non- compliance of new rules will lead to strict action against them.

With the new rules, OTT platforms are now required to display anti-tobacco warnings and disclaimers similar to the ones we see in movies screened in theatres and in television programmes.

Non-compliance will invite action

“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,” said the Ministry of Health and Family Welfare in a statement.

The ministry notified the amended rules under the Cigarettes and Other Tobacco Products Act, 2004. Under this amendment rules under the Cigarettes and Other Tobacco Products Act, 2022 made it mandatory for OTT platforms to show anti-tobacco warnings.

OTT platforms will need to mandatorily show anti-tobacco health spots each of a minimum of 30 seconds at the beginning and middle of the program.

Anti-tobacco health warning

They shall also be required to exhibit an anti-tobacco health warning as a prominent static message at the bottom of the screen when tobacco products or their use are displayed during the program.

Other than these warnings, an audio-visual disclaimer of a minimum duration of 20 seconds will also be needed to be displayed. This disclaimer will be displayed at the beginning and middle of the program.

‘Tobacco causes cancer’

“The anti-tobacco health warning message as specified in clause(b) of sub-rule (1) shall be legible and readable, with font in black colour on a white background and with the warnings ‘Tobacco causes cancer’ or ‘Tobacco kills’,” the notification stated.

“If the publisher of online curated content fails to comply with the provisions of sub-rules (1) to (5), an inter-ministerial committee consisting of representatives from the Ministry of Health and Family Welfare, Ministry of Information and Broadcasting and Ministry of Electronics and Information Technology, shall take action suo motu or on a complaint, and after identifying the publisher of online curated content, issue notice giving reasonable opportunity to explain the such failure and make appropriate modification in the content,” the notification said.

According to the new rules, “online curated content” means any curated catalogue of audio-visual content, other than news and current affairs, which is owned by, licensed to or contracted to be transmitted by a publisher of online curated content and made available on demand over the internet or computer networks.

It includes films, audio-visual programmes, documentaries, television programmes, serials, series, podcasts and other such content.

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