Introduction
OTT tobacco rules were released by the Ministry of Health and Family Welfare (MoHFW). These new rules require that on OTT platforms, while there is a depiction of tobacco use in the content, OTT platforms have to show the disclaimer or anti-tobacco health spots for 20 to 30 seconds in the beginning and middle of such content. Such as ‘Tabacco cause cancer’ or ‘Tobacco kills’. These rules are enacted to curb tobacco consumption and raise awareness regarding its harmful effects. However, rules have faced criticism that rules are enacted without proper consultation with the Ministry of Information and Broadcasting (I&B) and other industry stakeholders. These rules require showing anti-tobacco disclaimers while depicting any use of tobacco in the content however such rules might pose an impact or inconvenience on the content viewing experience for users.
Consultation Process
Rules have faced criticism that rules are enacted without proper consultation process and feedback from concerned industry holders, which poses questions about transparency and public consultation. Critics have argued whether such rules are enacted after a proper impact assessment study or publicly available feedback. However, the Ministry of Health and Family Welfare has clarified that New anti-tobacco rules are enacted in consultation with the Ministry of Information and Broadcasting and the Ministry of Electronics and Information Technology.
OTT Tabacco Rules
The new rules released by the Ministry of Health and Family Welfare required the OTT platforms to show anti-tobacco health spots or disclaimers for 20 to 30 seconds while there is a depiction of content showing the use of tobacco. If there is a contravention of these rules by OTT platforms, the inter-ministerial committee will take action. So whenever there is content featuring scenes of the use of tobacco, OTT platforms mandatorily have to show anti-tobacco warnings or disclaimers.
Impact on user experience and OTT Industry
Such rules might pose an inconvenience for the user while enjoying the content on OTT platforms as such anti-tobacco warnings or disclaimers pose interruptions in user experience. Also, such action to regulate the OTT platforms in the same manner as films or Television content might be an unbalanced approach or an extra burden on the OTT platforms to comply with. There has been an amendment to the Cigarettes and Other Tobacco Products Act (COTPA) which has included online curated content within its ambit. But it also raises a question or unclarity as to the rule’s applicability for foreign streaming providers on the OTT platforms.
Conclusion
Recently Ministry of Health and Family Welfare released new rules which require OTT content to show anti-tobacco disclaimers or warnings when there is a depiction of content showing the use of tobacco. Rules have faced criticism, but the health ministry clarifies that rules are enacted with due consultation. However, it is important for the government to properly address the concerns raised by stakeholders. And such frequent in-screen warnings might pose an inconvenience to user experience on the OTT platform. There should be a balance between public health interests and the growth of the digital content ecosystem in India.
References
Author: Neeraj Soni, Intern – Policy & Advocacy, CyberPeace
