India has emerged as a worldwide frontrunner in promoting awareness about the grave consequences of tobacco usage, primarily through the regulation of anti-tobacco warnings on OTT platforms.The Union Health Ministry has issued fresh guidelines on Wednesday regarding anti-tobacco warnings on OTT platforms. These regulations stipulate that in the event of non-compliance by online content publishers, the ministry will take stringent action.In line with the observance of World No Tobacco Day on May 31st, the recent notification requires OTT platforms to incorporate anti-tobacco warning messages, similar to those seen in theaters and TV programs, during content consumption.As per the Ministry notification, in the event that the publisher of online curated content fails to adhere to the specified guidelines, an interministerial committee comprising representatives from the Ministry of Health and Family Welfare, Ministry of Information and Broadcasting, and Ministry of Electronics and Information Technology will take action either on their own initiative or based on a complaint. The committee will identify the publisher of the online curated content and issue a notice, allowing a reasonable opportunity to explain the failure and make necessary modifications to the content.Image Source: TwitterTobacco addiction is globally acknowledged as the leading cause of preventable fatalities and disabilities. Each year, millions of individuals lose their lives as a result of tobacco usage.India holds responsibility for approximately 1.35 million fatalities annually, positioning it as the second-largest consumer and producer of tobacco worldwide. Out of the estimated global death toll of 8 million people each year, roughly 1.35 million of these individuals are from India.Binoy Mathew stated that the detrimental impact of tobacco use on health and the associated mortality and morbidity is widely recognized. In an effort to discourage tobacco consumption, the government implemented the comprehensive legislation known as COTPA (Cigarettes and Other Tobacco Products Act). This legislation aims to eradicate all forms of direct and indirect tobacco advertisements.The campaign will also shed light on the tobacco industrys endeavours to impede initiatives that seek to replace tobacco cultivation with sustainable crops. By doing so, it aims to highlight the industrys role in exacerbating the global food crisis.According to Mathew, the tobacco industrys objective is to ensnare children in tobacco addiction, employing the motto of “catch them young.” Although the prohibition of tobacco advertisements under COTPA was enacted with good intentions, it inadvertently resulted in a surge of tobacco promotion through various entertainment platforms. This led to a significant increase in scenes portraying tobacco usage and even the explicit display of tobacco brand placements.The notifications emphasized that the implementation of the new guidelines regarding cigarettes and other tobacco products will be effective within three months of their publication in the Official Gazette.Moving forward, all publishers of online curated content will be obligated to feature the depiction of tobacco products and their usage. Additionally, they will be required to incorporate anti-tobacco health spots that are at least thirty seconds long, positioned both at the commencement and midway through the program.As per the guidelines, any publisher of online curated content showcasing tobacco products or their usage is required to adhere to the following provisions: (a) Include anti-tobacco health spots, lasting a minimum of thirty seconds each, at the start and middle of the program. (b) Present a prominent static message displaying an anti-tobacco health warning at the bottom of the screen while depicting tobacco products or their usage during the program. (c) Incorporate an audio-visual disclaimer, lasting at least twenty seconds, that highlights the harmful effects of tobacco use.Image source: TwitterFurthermore, it has been specified that the anti-tobacco health warning message, health spot, and audio-visual disclaimer should be presented in the same language used in the online curated content. The display of tobacco products or their usage in online curated content should strictly refrain from: (a) Exhibiting cigarette or other tobacco product brands or any form of product placement related to tobacco. (b) Showcasing tobacco products or their usage in promotional materials.Following years of legal battles within the film industry, the government implemented a law in 2012 to regulate the portrayal of tobacco products and their usage in films and television.Binoy expressed concern over the growing popularity of streaming platforms, particularly among teenagers, especially during the COVID-19 pandemic. He highlighted the frequent depiction of scenes in which teenagers in school uniforms were portrayed smoking. Additionally, there were instances where tobacco control laws and their purpose were mocked or ridiculed.Under the new law, it is now mandatory for OTT programs to include anti-tobacco disclaimers, health warning messages, and health spots whenever tobacco products or their usage are depicted. The regulations also prohibit the placement of tobacco products and the portrayal of tobacco or its usage in promotional material. This significant step by the government demonstrates their commitment to public health. It aligns with the constitutional mandate to safeguard children from the dangers of tobacco and uphold the right to health for all individuals.
