Anti-tobacco disclaimer on OTT: Union Health Ministry notifies new mandatory rules

According to the latest amendment made by the Ministry of Health and Family Welfare, OTT platforms are now mandated to carry anti-tobacco warnings, as those seen in theatrical screenings of films across the country. The Union Health Ministry issued the new rules on World No Tobacco Day after involving other stakeholders such as Information and Broadcasting Ministry, concerning the new rules for anti-tobacco warnings.

The issued rules have been outlined in Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023.

The latest mandate for Over-the-Top platforms such as Netflix, Amazon Prime, Jio Cinema and Sony LIV clearly states that they (the OTT platforms) must show anti-tobacco health spots at the beginning and middle of every program, each running up to at least 30 seconds. 

Alongside this, a prominent, clearly visible static message must be displayed at the bottom of the screen at every occurrence of tobacco usage in the program. Many would already be aware of theatrical screenings of films featuring this particular anti-tobacco imagery which was brought into effect in 2012.

"The anti-tobacco health warning message as specified in clause(b) of sub-rule (1) shall be legible and readable, with font in black colour on a white background and with the warnings 'Tobacco causes cancer' or 'Tobacco kills'," states the notification.

Additionally, Union Health Ministry makes it mandatory for OTT platforms to include a 20-second-long audio-visual disclaimer at both beginning and middle of the program. Films and TV shows cannot display tobacco-product brands not engage in any kind of tobacco product placement. Close-up shots of tobacco products or their packages are prohibited, as per the new rules.

Furthermore, the amendment also states the anti-tobacco message must be displayed in the same language that the content is curated in. A Hindi web series, for example, will have to display the message in Hindi. A news report states that the new rules will be brought into effect three months from the date of their publication in the Official Gazette.