NEW DELHI: According to advertising expert Prahlad Kakkar, the government should drop the amendment that requires anti-tobacco warnings to be displayed on material on entertainment apps because it is impossible to put the legislation into practise.
The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023 were amended, and the changes were announced by the health ministry on May 31.
The rule requires audio-visual shows that represent the use of cigarettes and other tobacco products to include anti-tobacco health spots, warnings, and disclaimers by publishers of online curated content or OTT Platforms.
If the government truly wants people to stop smoking, Kakkar claimed, it should outlaw cigarettes and not only create regulations requiring warning signs.
On World Tobacco Day, IndusLaw Partner Shreya Suri stated that the Union Health Ministry unexpectedly released an amendment without consulting anyone in the industry, which essentially regulates and imposes compliance, obligations, and restrictions on OTT platforms for the display of specific health, health sports, and disclaimers regarding the harmful effects of tobacco use.
On May 31, The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply, and Distribution) Amendment Rules, 2023, were announced by the Union Health Ministry on Wednesday. They will govern anti-tobacco warnings on over-the-top (OTT) platforms. The OTT Platforms must broadcast anti-tobacco warning messages both at the start and in the middle of the programme, per the notification.
The health spots, message, and disclaimer will be accessible on the official health ministry website, according to the notification.
The new regulations forbid the advertising of any brand of cigarettes or other tobacco products, as well as any type of product placement involving tobacco.
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