Central Idea

The Central government’s regulations mandated long-duration smoking warnings for films and TV series on OTT platforms like Hotstar, Amazon, and Netflix.
Streaming websites voiced objections, raising concerns about user experience.

Recent Development

According to a recent report, the government has agreed to find “pragmatic solutions” for stricter tobacco warnings on OTT platforms.
A closed-door meeting saw streaming executives engage with Health Ministry and Information and Broadcasting (I&B) Ministry officials.

Linking Health Impact and Public Perception: The introduction of smoking warnings in Indian entertainment stems from the connection between smoking’s health impact and its portrayal to the public. The goal is to communicate clear information about the health risks associated with smoking and discourage its use.
Regulation Evolution: The Indian government has a history of regulating how smoking is portrayed. The Cinematograph Act of 1952 prohibited the “glamorization” of tobacco in movies, and the Cable Television Networks Amendment Act of 2000 banned tobacco and alcohol advertising on cable TV.

Factors Leading to Consensus: Several factors contributed to a growing national consensus on tobacco control, including increased health awareness, new laws and enforcement, judicial rulings (e.g., the 2008 ban on public smoking), civil society efforts, global support for tobacco control, and the influence of the World Health Organization.
COTPA and Health Ministry Notification: Under the Cigarettes and Other Tobacco Products Act (COTPA), signed into law in May 2003, the Health Ministry introduced a notification prohibiting the display of tobacco products in cinema and television programs.
Content Rules: This notification required films and shows produced before it to include health warnings regarding smoking as a prominent scroll at the bottom of the screen. It also recommended prohibiting smoking in public places and using pictorial health warnings covering 85% of tobacco product display areas.
Legal Challenges: Legal challenges arose as some filmmakers and actors argued that these rules violated their freedom of speech. The Delhi HC quashed the notification in 2009, but the Supreme Court later upheld the rules.

Consensus-Building Efforts: Amid legal disputes, I&B Ministry appointed a new minister, leading to attempts to reach consensus. In 2011, the Health Ministry introduced new rules after consultations with I&B Ministry, aiming to make them more practical and implementable.
Health Spots in Old Content: For films and shows made before these rules, anti-tobacco health spots or messages were required at the beginning and middle of television programs, made available to the Central Board of Film Certification (CBFC).
Requirements for New Content: New films and TV shows with smoking scenes were to provide an “editorial justification” to the CBFC, include anti-tobacco health spots, display a prominent static message during tobacco product scenes, and feature an audio-visual disclaimer on the ill effects of tobacco use.

A study revealed that while many movies implemented at least one element of the film rules on tobacco imagery, few fully complied.
Compliance with other aspects of COTPA, such as restrictions on selling cigarettes near schools, has also been lacking.

Content Library Concerns: I&B Ministry which regulates streaming platforms, expressed concerns about implementing warnings in existing content, foreign content, and health spots. It suggested displaying an appropriate health warning when users log in.
OTT Industry Concerns: In May, India ordered OTT platforms to insert static health warnings and anti-tobacco disclaimers. OTT executives raised concerns about the potential need to edit vast amounts of existing content, impacting user experience and creators’ freedom of expression.