Amendment in Rule 11 of COTPA Amendment, 2023 OTT Rules

5911 GI/202 4 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 530] NEW DELH I, FRIDAY , SEPTEMBER 13, 2024/BHADRA 22, 1946 CG-DL-E-14092024-257180 MINISTRY OF HEALTH AND FAMILY WELFARE (Department Of Health And Family Welfare) NOTIFICATION New Delhi, the 13th September, 2024 G.S.R. 572(E).—In exercise of the power conferred by Section 31 of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, (34 of 2003), the Central Government hereby makes the following draft Rules, further to amend the Cigarette and other Tobacco Products (Prohibition of A dvertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2024, namely: - 1. (1) These Rules may be call ed the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2024. (2) They shall come into force on __________. 2. In the Cigarette a nd other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2024, in Rule 11, a new Sub -Rule (1A) shall be inserted as under: (1A) All films certified or not by CBFC, whether of Indian or foreign origin published in the online curated content platforms including, released on or after 1stSeptember 2023 shall - 1. display anti -tobacco health spots, of minimum thirty seconds duration each at the beginning and middle of the film; 2. display anti -tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the film; 3. display an audio -visual disclaimer on the ill -effects of tobacco use, of minimum twenty seconds duration each, in the beginning of the film. 3. In the Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Rules, 2024, in Rule 11, Sub -Rule (1) sh all be substituted as under: 1. All content published in the online curated content platforms, shall - 1. display non -skippable anti -tobacco health spots, of minimum thirty seconds duration and non -skippable audio -visual disclaimer on the ill -effects of tob acco use, of minimum twenty seconds upon opening the platforms of the Publishers of the online curated contents. 2. display of anti -tobacco health warning as a prominent static message at the bottom of the screen during the period of display of the tobacco products or their use in the programme on all content whether of Indian or foreign origin released on or after 1st September 2023. 3. To give adequate time to all online curated content platforms to make adequate changes in their software for implementing the provisions i.e. Rule 1 & 2 above, the provisions in these rules will come into effect 6 months after the publications of these rules in the official gazette. [F. No.P.16012/08/2017 -TC] V. HEKALI ZHIMOMI, Add l. Secy . Note: -The principal rules were pu blished in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 137, dated the 25thFebruary, 2004, and were subsequently amended vide number G.S.R 345(E), dated the 31stMay 2005, number G.S.R. 619(E), dated the 11thAugust, 2011, number G.S.R. 786(E), dated the 27thOctober 2011 and number G.S.R. 708(E), dated the 21stSeptember, 2012 and number G.S.R. 400(E), dated the 31st May, 2023. The Central Government proposes to make the certain rules further to amend the ‘R ule 11 of the COTPA Amendment Rules, 2023 – OTT Rules’. The draft Rules of Cigarette and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Amendment Rules, 2024 have been prepar ed and approved by the Competent Authority following due procedures is hereby published for information of all stakeholders likely to be affected thereby and notice is hereby given that the said draft rules shall be taken into consideration on or after the expiry of a period of thirty (30) days from the date on which the copies of the Gazette of India containing these draft rules are made available to public; Objections and suggestions which may be received from any person within the period specifi ed above will be considered by the Central Government; Objections and suggestions, if any, may be addressed to the Under Secretary (Tobacco Control), Ministry of Health & Family Welfare, Room No. 414 -B, D -Wing, 4thFloor, Nirman Bhawan, Maulana Azad Road, New Delhi - 110011 or e -mailed at ([email protected]) in the prescribed format attached below; The same will be available on the Ministry’s website https://mohfw.gov.in also; Format for seeking Suggestion / Comments Sl. No. Name & Addre ss of the organization Contract Number, e -mail ID Relevant Section in the Draft Notification on which comments are being provided. Comments/Suggestions Rationale Remarks Date:_________ Place:_________ Signature Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.