Publishers of online curated content displaying tobacco products or their use shall display anti-tobacco health warnings starting September 2023
Dear All,
The Ministry of Health and Family Welfare has notified amendments to the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004 to mandate certain obligations on publishers of online curated content with regards to health-spots, messages and anti-tobacco disclaimers and warnings.
Starting September, 2023, publishers of online curated content displaying tobacco products or their use, are required to ensure the following –
1. anti-tobacco health spots are displayed for minimum duration of thirty seconds each, at the beginning and middle of the programme;
2. anti-tobacco health warnings are displayed as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the programme;
3. audio-visual disclaimer on the ill-effects of tobacco use is displayed, for a minimum of twenty seconds duration each, in the beginning and middle of the programme;
4. anti-tobacco health warnings displayed are legible and readable, with black font colour on white background with the warnings “Tobacco causes cancer” or “Tobacco kills”;
5. anti-tobacco health warning message, health spot and audio-visual disclaimer are in the same language as used in the online curated content;
6. the display of tobacco products or their use in online curated content must not extend to displaying the brands of cigarettes or other tobacco products or any form of tobacco product placement, or display tobacco products or their use in promotional materials.
On failure of the publisher of online curated content to comply with the provisions, an interministerial committee will take suo moto action and after identifying the publisher of online curated content, will issue notice giving reasonable opportunity to the publisher to explain such failure and make appropriate modification in the content. Such action can also be initiated on receipt of a compliant.
“Publisher of online curated content” means, a publisher who, performing a significant role in determining the online curated content being made available, makes available to users a computer resource that enables such users to access online curated content over the internet or computer networks, and such other entity called by whatever name, which is functionally similar to publishers of online curated content but does not include any individual or user who is not transmitting online curated content in the course of systematic business, professional or commercial activity.
“Online curated content” means, any curated catalogue of audio-visual content, other than news and current affairs content, which is owned by, licensed to, or contracted to be transmitted by a publisher of online curated content, and made available on demand, including but not limited through subscription, over the internet or computer networks, and includes films, audio visual programmes, documentaries, television programmes, serials, series, podcasts and other such content.
“Programme” means online curated audio-visual content.
