Govt proposes stricter tobacco regulations for online content platforms

"Smoking causes cancer" is a warning or disclaimer that pops up everytime a character lights up a cigarette in movies or TV programmes. This warning was often skipped on streaming platforms, which are known to showcase realistic portrayals of life and events.

The government now wants to strictly enforce anti-tobacco messaging on online curated content (OCC) platforms, including streaming services and video-on-demand providers.

The ministry of health and family welfare has rolled out draft rules that propose that OCC platforms will be required to include non-skippable anti-tobacco health spots (minimum 30 seconds) at the beginning and midway through content featuring tobacco use (released on or after 1 September 2023). They are also required to include audio-visual disclaimers (minimum 20 seconds) highlighting the dangers of tobacco use at the beginning of the content, apart from prominent, static anti-tobacco warnings displayed throughout the scenes featuring tobacco use.

The draft rules, released on 13 September, seek to amend the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2024, and will be open for public consultation for 30 days before being finalised.

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The government's move hasn't been received well by the platforms that are likely to be impacted by the limitations placed on content featuring tobacco use.

OTT's disagreement

Calling it a regressive move, video-streaming platforms operating in India say that on-demand OTT content cannot be treated the same way as mainstream film or television.

“It’s come from a pre-determined mindset where film, TV and OTT are painted with a single brush. The move will kill the freedom of expression on OTT,” said a senior executive at a streaming platform, declining to be named. This person added that OTT services have reached out to the IAMAI (Internet and Mobile Association of India) and the IBDF (Indian Broadcasting and Digital Foundation) to make representations to the government.

Emailed queries to Netflix and Amazon Prime Video remained unanswered till press time.

Comments from the Union health ministry were still awaited.

Compliance with the rules

In May 2023, while the Union health ministry had said it would be mandatory for OTT platforms to show anti-tobacco warnings, as are displayed in movies screened in theatres and TV programmes, services had not made a conscious effort to address these issues. “Some platforms have also remained adamant on not engaging with the government and that is costing all of us,” the executive added.

To be sure, while it would be feasible to have future titles display such warnings even though the jury is still out on how much of an ad break it would mean for subscription-based services, many feel it is totally impossible to go back and insert these disclaimers in content already streaming.

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“It would be an arduous task to retrospectively insert such disclaimers. This is an era where we are already fighting for consumer attention and eyeballs. Anything that is found non-engaging could immediately lead the viewer to switch to something else,” a senior content producer had said in an earlier interview to Mint on condition of anonymity.

Moreover, while local producers may still comply with the rules, it would be difficult to have international programming and studios toe the line, the producer had pointed out.