Anti-Tobacco Rules For OTT Platforms Issued After Talks With MIB, MeitY: Health Ministry

Anti-Tobacco Rules For OTT Platforms Issued After Talks With MIB, MeitY: Health Ministry

SUMMARY

The popularity of OTT platforms among children and youth has grown and there is a concern that tobacco might be promoted through these platforms: Health ministry

In May, the health ministry issued new anti-tobacco guidelines for OTT platforms, requiring them to include anti-tobacco health spots and disclaimers of 20-30 seconds

The new rules were opposed by industry players like Netflix, Viacom18, and Disney+Hotstar who said they would put an additional burden on the platforms

The Health Ministry held due consultations with the Ministry of Information and Broadcasting (MIB) and the Ministry of Electronics and Information Technology (MeitY) before enacting the anti-tobacco warning rules for over-the-top (OTT) platforms, the government told the Parliament.

The popularity of OTT platforms among children and youth has grown and there is a concern that tobacco and tobacco-related products might be promoted through these platforms, Union Minister of State (MoS) for Health SP Singh Baghel said in a written answer in the Lok Sabha on Friday (July 28).

It must be noted that while scenes involving smoking and alcohol in Indian films and on TV required health warnings under the law, there were no such regulations for streaming platforms so far.

“With the advent of the internet, the viewership of on-demand streaming platforms in India has increased, especially amongst children and youth, and it was observed that use of tobacco and tobacco related products is promoted through the OTT platforms. Hence, there is an imperative need to regulate depiction of tobacco products and its use, on these OTT platforms also,” the minister said. 

The minister also clarified that the rules are applicable to any content that is streamed in India.

The government’s focus is on protecting the younger generation from unnecessary exposure to tobacco imagery and advertisements, MoS Singh Baghel added. 

Earlier in May, the health ministry issued new anti-tobacco guidelines for OTT platforms. Under the guidelines, OTT platforms are required to include anti-tobacco health spots and disclaimers of 20-30 seconds in the beginning and middle of any content depicting tobacco use. Additionally, static warning messages must be displayed during scenes showing tobacco consumption. 

Non-compliance may result in action by an inter-ministerial committee comprising representatives from the health ministry, MIB, and MeitY. In addition, the government could block access to their content in India.

The new rules were opposed by industry players like Netflix, Viacom18, and Disney+Hotstar who said they would put an additional burden on the platforms. Besides, the platforms also said that the new rules would increase editing costs and delay the release of productions.

The Internet and Mobile Association of India (IAMAI) wrote to the health ministry, stating that the new anti-tobacco warning norms for streaming platforms would be impossible to implement and will impinge on the content creators’ freedom of expression.

India, on the back of the large number of internet users, has emerged as a key market for global OTT players. Besides Netflix, Amazon Prime, Disney+Hostar, the crowded market also has presence of local players like Viacom18’s JioCinema, Zee5, Alt Balaji, among others.

As per a report, India’s OTT market is projected to grow to a market size of $12.5 Bn by 2030.

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