Tobacco warnings Norms for OTT

What’s in today’s article?

• Why in news?
• What are OTT platforms?
• India’s performance in tobacco control
• How does India fare?
• What are the steps taken by India?
• News Summary: Tobacco warnings Norms for OTT
• Anti-Tobacco Warning Norms For OTT Platforms
• Reasons of pushback from OTT platforms 

Why in news?

• The govt started facing a strong pushback from streaming giants such as Netflix, Amazon etc., after the new rules on Tobacco warning came into force September 1.
• As a result, it is working to find pragmatic solutions to the OTT industry’s concerns over the practicability of the order mandating display of anti-tobacco warnings.

What are OTT platforms?

• About
  • OTT platforms, or Over-the-top platforms, are web-based services that deliver video and audio content directly to viewers over the internet. 
  • OTT platforms bypass traditional cable, broadcast, and satellite television platforms.
• OTT platforms in India
  • OTT streaming platforms have seen rapid adoption in India on the back of growing penetration of affordable smartphones and cheap internet tariffs. 
  • As a result, the country now plays host to a slew of domestic and global players such as Netflix, Amazon Prime, Disney+ Hotstar, Zee5 and the recent entrant Reliance-backed JioCinema.
  • A report estimates the homegrown OTT market to soar to a market size of $12.5 Bn by 2030.

India’s performance in tobacco control

How does India fare?

• India has the highest level of achievement when it comes to putting health warning labels on tobacco products and providing tobacco dependence treatment.
• With 85% of cigarette packs carrying health warnings both on the front and back, India figures among the top 10 countries in terms of the size of health warnings. 
• The cigarette packets in the country also carry a toll-free number for a quit-line.

What are the steps taken by India?

• Warnings on OTT platform
  • One of the biggest steps in the works is implementing warnings on OTT platform content when actors are seen using tobacco products.
  • This would make India the first country in the world to do so.
• Cigarette and Other Tobacco Products Act (COTPA) 2003 
  • It regulates the advertisement, promotion, and sponsorship of tobacco products, prohibits smoking in public places, mandates pictorial health warnings on tobacco product packaging, and sets rules for the sale of tobacco products to minors.
• Pictorial Health Warnings 
  • India has implemented prominent and graphic pictorial health warnings on tobacco product packaging.
• Ban on Smoking in Public Places 
  • COTPA prohibits smoking in public places, including indoor areas, workplaces, and public transportation.
• Tobacco Advertising and Promotion 
  • India has restrictions on tobacco advertising, promotion, and sponsorship. 
  • Direct and indirect advertising of tobacco products, as well as tobacco sponsorship of events, are regulated to discourage tobacco consumption.
• Tobacco Taxation: 
  • The Indian government has periodically increased taxes on tobacco products to make them less affordable and discourage consumption.
• National Tobacco Control Program (NTCP)
  • India established the NTCP to implement tobacco control strategies at the national, state, and district levels. 
  • The program focuses on awareness generation, capacity-building, and strengthening enforcement mechanisms.

News Summary: Tobacco warnings Norms for OTT

Anti-Tobacco Warning Norms For OTT Platforms

• The Union Health Ministry of India issued new rules on May 31, 2023 that require OTT platforms to display anti-tobacco warnings. 
• The rules came into effect on September 1.
• The rules require OTT platforms to: 
  • Display anti-tobacco disclaimers at the start and in the middle of programs
  • Insert static health warnings during smoking scenes
  • Display anti-tobacco health spots that last at least 30 seconds at the beginning and middle of programs
  • Prominently feature an anti-tobacco health warning on-screen during any depiction of tobacco products
• It empowers the government to enforce compliance through legal means.
• The WHO had praised India for being the first and only country to mandate such ads for OTT platforms.

Reasons of pushback from OTT platforms 

• Concerns over the practicability of the order
  • OTT platforms argued it would require millions of hours of existing content to be edited.
  • Also, it would lead to diminished user experience and hamper creative freedom.
• Lack of industry consultation
  • Industry consultation and leveraging existing self-regulatory mechanisms could have provided more effective solutions.
• Mismatched adaptation
  • The rules require static warnings meant for large cinema and TV screens to be forced onto six-inch smartphone screens. 
    • This can hamper the viewing experience.
  • Also, content in theatres and TV is usually watched as a group and is considered public exhibition by Courts. 
  • On the other hand, OTT platforms offer a hyper personalized and private viewing experience. 
  • Owing to these distinctions, OTT platforms are regulated differently as well.
• Binge-watching leads to repeated ads, especially disrupting short-form content
  • Binge watching is the practice of watching multiple episodes of a television show, movie, or other entertainment content in one sitting.
• Research questions the effectiveness of such warnings
  • Repeated anti-tobacco warnings might desensitize viewers rather than prompt change.

Q1) What is National Tobacco Control Program (NTCP)?

The National Tobacco Control Programme (NTCP) is a program in India that aims to reduce tobacco consumption and deaths caused by it. The program was launched in 2007-08 by the Government of India. 

Q2) What is Tobacco?

Tobacco is a plant that contains nicotine, an addictive chemical. The leaves of the plant are dried and fermented before being used to make tobacco products. Tobacco products include: Cigarettes, Cigars, Pipes, Hookahs, Chewing tobacco, Snuff.

Source: Tobacco warnings on OTT: Amid pushback from platforms, Govt looking for a solution | World Health Organisation | Ministry of Health and Family Welfare | Inc42 | Mondaq