Govt tightens rules for anti-tobacco messaging on online content platforms

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The Ministry of Health and Family Welfare has issued draft notification relating to the changes in Rule 11 of the COTPA Amendment Rules 2023 OTT Rules and has invited objections and suggestions from the public within 30 days of the publication of the draft rules.

In exercise of the power conferred by Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & and Commerce, Production, Supply and Distribution) Act, 2003, (34 of 2003), the central government has made some draft rules further to amend the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & and Commerce, Production, Supply and Distribution) Rules, 2024.

All films whether or not certified by CBFC, whether of Indian or foreign origin published in the online curated content platforms, including, released on or after September 1, 2023 shall:

Display anti-tobacco health spots of minimum 30 seconds duration each at the beginning and the middle of the film.
Display anti-tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the film.
Display an audio-visual disclaimer on the ill-effects of tobacco use of minimum 20 seconds duration each in the beginning of the film.

In the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade & and Commerce, Production, Supply and Distribution) Rules, 2024, in Rule 11, Sub-rule (I) shall be substituted as under:

All content published in the online curated content platforms shall:

Display non-skippable anti-tobacco health spots of minimum 30 seconds duration and non-skippable audio-visual disclaimer on the ill-effects of tobacco use of minimum 20 seconds duration upon opening the platforms of the publishers of the online curated contents,
Display of anti-tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the programme on all content, whether of Indian or foreign origin released on or after September 1, 2023.

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