Recommendations by MOHFW on regulating the OTT platform to prevent the promotion of Tobacco/Nicotine use

  1. OTT platforms not only violate Section 5 of COTPA but also other provisions under COTPA such as pictorial warning violation etc. Recently, many evidence has been collected against the promotion of E-Cigarettes in movies, violating the provisions under the Prohibition of Electronic Cigarettes Act 2019. Therefore, any anti-tobacco/E cigarettes regulation introduced to keep a check on the OTT platforms must incorporate all the existing acts against tobacco/E-cigarettes consumption in India.
  2. Need certification or regulation guidelines to make the content on OTT platforms, compliant with Tobacco Free TV and Movie rules to ensure full compliance with Section 5 of COTPA.
  3. A mechanism needs to be adopted to take forward the tobacco/E-cigarettes control violations happening in the OTT platforms.
  4. Amend COTPA Film Rules of 2004: Appropriate amendments in COTPA 2004 Film Rules, bring online streaming platforms under the umbrella of existing laws regulating the depiction of tobacco products and their use in films and programs, shown in theatre and cable television.