Netflix, Disney, and Amazon have raised objections to the Indian government’s new tobacco warning rules, arguing that they are impractical to implement. The Ministry of Health had instructed these streaming platforms to include static health warnings during smoking scenes within a three-month timeframe. However, citing a letter from the Internet and Mobile Association of India (IAMAI), the streaming giants expressed concerns that these rules would infringe upon the freedom of expression of content creators.
The new rules require streaming companies to incorporate at least 50 seconds of anti-tobacco disclaimers, including audio-visual elements, at the beginning and middle of each program. This would entail editing millions of hours of existing Hollywood and Indian web content, which the streaming platforms deemed practically impossible due to the vast amount of multilingual content available.
According to IAMAI, the companies believed that content descriptors, such as labeling videos with the term “smoking” alongside the title at the start, would be more effective. The warnings mandated by the rules were seen as disruptive and problematic for creators who invest significant resources in their content.
The streaming companies urged the health ministry to reconsider the “onerous” rules, pointing to a survey indicating that viewers were indifferent to smoking depictions on streaming platforms. In a closed-door meeting, executives from Netflix, Disney, Amazon, and Viacom18, which operates the JioCinema app, expressed concerns about the impact of these rules on customer experience and the potential for production houses to restrict content in India.
While smoking and alcohol consumption scenes in movies shown in cinemas and on TV in India already require health warnings, there were previously no regulations in place for streaming platforms. Activists have welcomed the new rules, as they believe it will help discourage smoking in a country where 1.3 million people die each year due to its harmful effects.
