
Streaming giants Netflix, Amazon, and Disney are reportedly considering a legal challenge and exploring other avenues to delay the implementation of India's new tobacco warning rules.
The streaming companies fear that they will having to edit extensive amounts of existing web content, according to undisclosed sources, reported Reuters on Friday.
This resistance from the streaming industry is the latest in a series of challenges faced by these companies in India, which is a significant growth market for them.
Previous issues have included legal cases and complaints regarding content that allegedly offended religious sentiments, leading to self-censorship over the years.
As per the new notification, publishers of online curated content that showcases tobacco products or their use will be required to incorporate anti-tobacco health spots, each lasting a minimum of 30 seconds, at the beginning and middle of their programs. Additionally, they must display a prominent static message at the bottom of the screen, serving as an anti-tobacco health warning whenever tobacco products or their use are shown during the program.
Furthermore, the notification mandates the display of an audio-visual disclaimer lasting at least 20 seconds at the beginning and middle of the program, educating viewers about the ill effects of tobacco use.
The notification emphasizes that the anti-tobacco health warning message specified in clause (b) of sub-rule (1) should be legible and readable, using a black font on a white background and featuring the warnings "Tobacco causes cancer" or "Tobacco kills."
In response to these regulations, executives from Netflix, Amazon, Disney, and Viacom18, which operates JioCinema, a streaming app owned by billionaire Mukesh Ambani's company, held a private meeting.
During the meeting, Netflix expressed concerns about the impact of these rules on the customer experience and suggested that production houses may choose to restrict their content in India.
The executives also discussed the possibility of mounting a legal challenge, arguing that the authority over streaming platforms rests with the Ministry of Information and Technology and the Ministry of Information and Broadcasting, rather than the health ministry, according to one of the sources.
It is worth noting that while smoking and alcohol consumption scenes in movies shown in Indian cinemas and on television already require health warnings, no such regulations have been imposed on streaming platforms until now. In the past, filmmaker Woody Allen prevented the screening of his film "Blue Jasmine" in India upon learning that mandatory anti-tobacco warnings would be inserted into smoking scenes.