BACKGROUND AND IMPLEMENTATION CHALLENGES: The COVID-19 pandemic in 2020 led to a surge in the popularity of OTT streaming platforms. A major concern is the increased exposure of children and young audiences to unregulated content, including tobacco-related advertising, raising significant public health issues regarding its influence on younger generations. To address this, GSR 400 (E) was introduced, requiring disclaimers, health spots, and messages on all online content depicting tobacco products.
Enforcing GSR 400 (E) on OTT platforms posed challenges due to the vast amount of content and the platforms’ global nature. Monitoring compliance and addressing violations in most popular movies required continuous oversight and collaboration with regulatory authorities to ensure effective enforcement.
INTERVENTION OR RESPONSE: OTT platforms through Section 5 of the Cigarettes and Other Tobacco Products Act (COTPA) violates other sections in COTPA. This violation led Tobacco Monitor to report the issue. We identified these violations, collected evidences, promptly documented, reported to grievance cell and submitted to government to take necessary action.
RESULTS AND IMPACT: As a result, The Central Government proposes to make certain rules further to amend the ‘Rule 11 of the COTPA Amendment Rules, 2023 – OTT Rules’. The draft Rules of COTPA Amendment Rules, 2024 have been prepared and approved by the Competent Authority and they also asked to submit any suggestions and objections regarding the amendment rule. We have sent the representations regarding the amendment rule.
CONCLUSIONS: Despite the implementation of regulations like GSR 400 (E), there should be particular guidelines framed for Editorial Justifications and we are demanding a complete ban of smoking scenes on the screen. Strengthening these efforts is crucial to protect public health, particularly among vulnerable populations like children and young people.