The announcement by the Ministry of Health and Family Welfare that it will impose additional anti-tobacco controls on Online Curated Content Providers (OCCPs) has sparked widespread discussion. Despite good intentions, it appears that the government is prioritizing treating the symptoms rather than addressing the underlying cause. Opting for these rules instead of considering a ban on the production or sale of tobacco, a known harmful substance, begs the question: are these guidelines merely symbolic? If so, it’s important to recognize that this attitude can come at a high cost.
OCCP has been mandated to comply with the technical solution within 90 days only. The directions are vague and do not apply to over-the-top (OTT) platforms. Why? Usually a web series has no defined middle part as it is divided into seasons and served to the consumers in multiple languages. The guidelines specify that text warnings should be displayed in the language of the audio track. Simply translating a title into different languages can make the content commercially unviable. Also, unlike the movie theater experience, on OTT platforms, consumers can pause what they are watching and come back to it later.
Let us examine the responsibilities that OCCPs must shoulder to comply with the newly released guidelines. First, they must identify all material in their library that contains the use or representation of tobacco products, a task that cannot be accomplished by automated technology. As a result, manual review of vast amounts of material is required, potentially taking millions of hours, in which individuals must carefully inspect and identify instances for technical intervention – which currently lacks industry support. The financial consequences of this requirement alone are huge, diverting resources that could have been allocated to content creation instead of compliance efforts that may be unnecessary.
As it happens, OCCPs already follow norms that require them to assign separate ratings to certain classes of content and display warnings. In my view, nothing stops the government from introducing guidelines for stand-up comedy shows; After all, they have huge television rating points (TRPs), and viewers of this content can act as ambassadors for anti-tobacco messages.
People have also started watching shorter content of 10 or 15 minutes. Imagine you are trying to enforce guidelines on these shows. It has the potential to create serious confusion. Furthermore, an overarching regulation that fails to differentiate between large and small online streaming platforms could create animosity within the industry ecosystem and stifle innovation. In addition, stricter compliance requirements may prevent international content makers from including tobacco warnings in their work, resulting in popular international titles being inaccessible in India.
Legally, it is the responsibility of content owners to comply with the ministry’s new directives, and OCCPs are expected to offer technical solutions that can be extended to their partners. If the Content Owner refuses to comply, OCCPs will bear the full burden of noncompliance. Does it matter to the government if large amounts of material go offline because it is impractical for the OCCP to comply with its new rules? Tough luck for the consumers.
The situation clearly calls for a more balanced approach to content regulation in the country. It is important that the Center re-evaluate the existing guidelines and adopt a path that does not harm the growth of this industry. Important insights can be gained from looking at global best practices adopted by Singapore, Australia and the European Union. These exemplary models strike a delicate balance while effectively addressing concerns about tobacco harm without imposing overly burdensome disclaimer requirements.
When it comes to online representation of tobacco consumption, the Government of India would be well-advised to base its regulation on a strategy that is effective. Although warnings and disclaimers help educate consumers about the health risks of smoking, it is also important to address the wider triggers and influencers of the habit, such as peer pressure and psychological stress. Instead of burdening OTT platforms with stringent compliance requirements, the government should focus on launching comprehensive public health campaigns that address these underlying causes.
Ultimately, a multipronged approach will be more effective in tackling the complex issue of tobacco consumption and protecting public health without stifling development in promising areas such as recreation. It is essential to strike a balance between regulation and the need for innovation, creating an environment that encourages responsible content creation while also addressing the larger societal factors that contribute to tobacco addiction.
The government should not implement one scheme for all. It will help if inputs are sought from industry stakeholders, so that it creates an inclusive and enabling policy framework for new-age audiences and platforms. Taking into account the diverse perspectives, the government would be in a better position to develop material rules that strike the right balance.
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UPDATE: July 04, 2023, 09:04 PM IST