The quote Starts from here: Attributed to Mr. Abhishek Malhotra (Managing Partner, TMT Law Practice)
The Ministry of Health & Family Welfare has issued a notification today to amend and introduce the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2023 (Rules)
The Rules require the publishers of online curated content i.e., OTT platforms to feature “health sports, messages and disclaimers” (Disclaimers) in all forms of online curated content that feature smoking in any manner, whether it be a film, series, ad, or any other form of on-demand audio-visual content, in order to proactively create awareness amongst its viewers about the harmful effects of smoking.
The Rules contain exhaustive requirements for featuring the Disclaimers, which includes prescribed durations, placement, and other such elaborate requirements. The form and manner of the Disclaimers have been prescribed in great detail as well, including ensuring parity between the language of the content and the Disclaimer to ensure localization for all viewers, and effective reception of the larger message against harms of smoking. If found non-compliant, the Ministry may take suo-moto action or act on complaints against publishers.
To ensure effective compliance with the Rules, the Ministry has provided with a buffer period of 3 (three) months.
The entertainment industry has always been plagued with smoking sequences to amp-up the coolness quotient of the characters, whether it be a protagonist or antagonist. The Rules will likely bring about a substantial change, to how content is created and the manner in which it is viewed. However, the Ministry must be cognizant of the fact that the online curated content largely depends on user engagement, while in good consciousness, it is important to inform the viewer in a better manner, the Rules may also prove to be difficult to comply with.
For all content that may be in production or postproduction, as on date, the Rules will certainly entail all-nighters for the post-production teams to be able to make these edits !
Please find below the profiles of Mr. Malhotra and TMT Law Practice for your kind perusal.
Abhishek Malhotra
Managing Partner, TMT Law Practice
Abhishek Malhotra is the Founding Partner of TMT Law Practice. A seasoned lawyer with an excellent track record, he has two decades of experience in areas such as Intellectual Property, Commercial Dispute Resolution and the subject areas of Technology, Media & Telecommunications. Abhishek is a member of State Bars of California (USA) and Delhi (India).
Abhishek has advised clients on minimizing legal risks and devising strategies for safeguarding against criminal and civil liability. He holds expertise in prosecution /defense of suits, proceedings and appeals relating to infringement of intellectual property rights as well as commercial litigation concerning employment, information technology and competition issues. He also has sound proficiency in drafting and negotiating agreements, especially on intellectual property and related fields, including media, information technology, broadcasting and pharmaceuticals.
During the past 13 years of establishing TMT Law Practice, Abhishek has advised clients across industries, including luxury brands, information technology, media, hardware equipment manufacturing, pharmaceuticals and broadcasting. He has given opinions on the creation, maintenance, management and enforcement of IP rights, including prosecution of trademarks and copyright in India. He is sought by clients for advice on Commercial Contracts, Government Advisory, Criminal Matters, Land Acquisition and Property matters. Furthermore, he has also been guiding them on public policies & Regulatory Frameworks
Abhishek has provided inputs to the Government of India on issues of copyright, data privacy, satellite communications, etc. A graduate of the National Law School at Bangalore University, he completed LLM from Franklin Pierce Law Center, Concord, USA. He is a frequent guest speaker at the Indian Institute of Information Technology. In 2009, he was the Chairperson of the INTA Annual Conference on strategies for brand owners in the BRIC countries in Seattle.
Abhishek advises several think-tanks, and associations in the field of Technology, Media & Telecommunications.
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