OTT platforms to display anti-tobacco disclaimers soon

On 31 May — ‘World No Tobacco day’ — the Union Ministry of Health and Family Welfare plans to notify new rules under the Cigarettes and Other Tobacco Products Act (COTPA), 2003, ThePrint has learnt. These rules will require over-the-top (OTT) platforms, or streaming services, to display health warnings during scenes featuring actors smoking.

According to the new rules, all web series and films with smoking scenes will not only need to show disclaimers and health warnings right in the beginning, but also during relevant scenes.

A senior official in the health ministry, who wished to not be named, told ThePrint that the decision was taken following several rounds of deliberations within the ministry, with the information and broadcasting ministry and other stakeholders such as industry representatives.

The existing rules under COTPA mandate that all films and programmes shown in theaters and television channels should display anti-tobacco health spots of minimum 30 seconds at the beginning and middle of the films and programmes.

Under the act, films also need to display an audio-visual disclaimer about the ill-effects of tobacco use, display an anti-tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in film and television programmes.

Additionally, the norms also say that films or TV shows cannot display the brands of cigarettes or other tobacco products, or any form of tobacco product placement and close-ups of tobacco products and tobacco product packages.

“These rules are followed very strictly in films screened in theaters and by cable or network television broadcasters, but since OTT platforms are not regulated under the act, we had been getting complaints that they may be causing a lot of damage to the purpose with which COTPA had been implemented,” another official in the ministry told ThePrint.

Speaking to ThePrint, Binoy Mathew, programme manager with non-profit Voluntary Health Association of India, welcomed the government’s decision. “It is well established that exposure to tobacco imagery in the media increases the likelihood of tobacco uptake in adolescents and young adults and that this relationship is casual,” he said.

“If the government regulates OTT platforms in the same way as tobacco usage in films and TV, then it would become a global leader and will send a strong message to the community,” he added. The Print