The Centre has announced a new rule that requires Over-The-Top (OTT) platforms to display anti-tobacco warnings similar to those seen in movie theaters and television programs. On the occasion of World No Tobacco Day, the Union Health Ministry has announced the enforcement of revised regulations under the Cigarettes and Other Tobacco Products Act, 2004. These regulations now mandate OTT platforms to prominently display anti-tobacco warnings.
Under the newly introduced regulation, publishers of online curated content that features tobacco products or their usage will be mandated to present anti-tobacco health spots lasting a minimum of 30 seconds at the beginning and middle of each program.
Additionally, a prominent static message warning about the health hazards of tobacco use must be displayed at the bottom of the screen whenever tobacco products or their use are depicted during the program.
Furthermore, an audio-visual disclaimer highlighting the ill-effects of tobacco use, lasting a minimum of 20 seconds, will also be required to appear at the beginning and middle of the program. The notification emphasizes that the anti-tobacco health warning messages must be clearly legible, with black font on a white background, and must include the warnings ‘Tobacco causes cancer’ or ‘Tobacco kills.’
The health warning messages, health spots, and audio-visual disclaimers must be presented in the same language as the online curated content. It is important to note that the display of tobacco products or their use should not include any promotion of specific cigarette brands or any form of tobacco product placement in promotional materials.
Non-compliance with the provisions outlined in the sub-rules (1) to (5) may result in action taken by 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.
In such cases, the committee will issue a notice to the publisher of online curated content, allowing them a reasonable opportunity to address the failure and modify the content accordingly.