Anti-tobacco rules difficult to implement on OTTs, says IAMAI

The IAMAI has said in its submission to the health ministry that the move of issuing new norms did not involve any consultative process with the industry prior to notification. On May 31, the Union health ministry notified the amendments in the Cigarettes and Other Tobacco Products Act, 2004. The amendments to Cigarettes and Other Tobacco Products Act, 2004, mandate over-the-top (OTT) video streaming platforms to display anti-tobacco warnings, and disclaimers on the lines of such warnings displayed in movies in theatres.

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“The online curated content (OCC) provider community in India recognises the importance and necessity of reducing the consumption of tobacco. We also understand the intention and the objective of the 2023 Tobacco Warning Rules,” IAMAI wrote.

“However, we would like to take this opportunity to highlight our fundamental concerns on the “process and the means” by which the Rules were notified by the health ministry,” it added. It pointed out that the regulation of online curated content is a legislatively occupied field under the IT Rules and administered by the Ministry of Information and Broadcasting (MIB) after multiple rounds of extensive inter-ministerial consultation.

“Like the 2023 Tobacco Warning Rules, the (Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution (Amendment) Rules)), 2005 Rules were notified without prior consultation with either industry stakeholders or MIB,” IAMAI said.

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“This resulted in litigation, intervention from the prime minister’s office, and amendments to the rules. It took until 2012 for revised guidelines to be issued by the health ministry in consultation with MIB, during which time there was significant uncertainty for creators of content for cinemas and television,” it added.
“In the spirit of collaboration, and to avoid a repeat of past mistakes, we would request the health ministry to revisit the 2023 Tobacco Warning Rules in consultation with the OCC providers”.Earlier, ET had reported exclusively that IAMAI had opposed the IT ministry’s proposed rules on making social media platforms culpable for advertising online betting and gambling platforms. Online gaming startups had then opposed IAMAI’s views.

Notably, IAMAI has formed a self-regulatory body, the Digital Publishers Content Grievances Council (DPCGC), for the video streaming platforms or OTT players under the rules issued by the information & broadcasting ministry.

The online video streaming industry has also argued that enforcement of these rules will result in them editing thousands of hours of content to add anti-tobacco warnings, something that could lead to high-cost overages.

IAMAI recently saw its governing council being re-elected for a two-year term– with Big Tech platforms like Google, Meta, Amazon being absent from the council.

The apex decision-making body — the executive council — saw Dream11 chief executive Harsh Jain replacing Google India’s Sanjay Gupta as chairperson. Meanwhile, Makemytrip’s Rajesh Magow replaced Whatsapp India public policy director Shivnath Thukral as vice chairperson.

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The change in leadership happened following an election that happened in the backdrop of Indian entrepreneurs alleging IAMAI of pushing Big Tech interests in its policy recommendations over those of local startups and tech companies.