COTPA Rules: Non-Skippable Disclaimers for OTTs on the Anvil

The recently notified draft rules to amend the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2004, aim to mandate the display of non-skippable anti-tobacco health spots and disclaimers about the harmful effects of tobacco use for online curated content platforms.

Rule 11 of the 2004 Rules, introduced w.e.f. September 1 of last year, requires publishers of online curated content displaying tobacco products or their use to show anti-tobacco health spots for at least 30 seconds, warning messages at the bottom of the screen during any display of tobacco products, and audio-visual disclaimers of a minimum of 20-second duration.[1]

The proposed changes to Rule 11 would substitute Sub-rule (1) to require non-skippable anti-tobacco health spots and audio-visual disclaimers upon opening the platforms of the publishers of the online curated content. As a result, these displays will not be necessary at the beginning and middle of individual programmes (excluding films). However, a prominent static anti-tobacco warning must still appear at the bottom of the screen during any display of tobacco products in all content—regardless of whether it is of Indian or foreign origin—released on or after September 1, 2023. These provisions will take effect six months after publication in the official gazette to allow sufficient time for online platforms to update their software.

Additionally, a new Sub-rule (1A) will mandate the display of anti-tobacco health spots (at the beginning and middle of films), warning messages (during tobacco product displays), and audio-visual disclaimers (at the film’s start) for films released on or after September 1, 2023, and published in the online curated content platforms. This applies to all films, regardless of CBFC certification or origin. Thus, these displays will remain necessary even with the introduction of non-skippable disclaimers upon accessing the platforms.

[1] The Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2023, can be accessed here.