One of the major issues with the new tobacco guidelines is that they have been rolled out arbitrarily without any consultative process with the industry. As a result, they are riddled with practical and fundamental difficulties. First, there are already regulations that effectively govern Online Curated Content Platforms (OCCPs). The 2021 IT Rules provide a fair-and-balanced approach to regulating online content. The rules have provisions that require content descriptors and parental controls, which enable users to make informed decisions. The logical way forward would be to amend the existing framework and also incorporate tobacco warnings instead of enforcing tedious requirements on OCCPs.

Second, the unrealistic time frame of 90 days for OCCPs to comply with the guidelines poses practical challenges. Managing the vast library of content within this timeframe is practically impossible. Digitising older content also presents technological hurdles. Moreover, displaying tobacco warnings on small screens of handheld devices used for streaming OTT content may disrupt the viewing experience for users.

Third, adhering to the new guidelines will put an immense burden on streaming platforms. Displaying tobacco warnings across all content titles will require significant resources and manpower ultimately resulting in increased operational costs. Adhering to the stringent guidelines may hurt smaller players, as they operate on relatively narrow margins. As a result of additional operating costs and technological complexities of complying with the guidelines might render the platforms inoperable. A blanket regulation that does not consider the difference between large and small streaming platforms could lead to a hostile industry ecosystem and stifle innovation.

Fourth, the rigorous compliance requirements could either discourage international creators from including warnings in their content, resulting in popular global titles being unavailable in India. This subsequently will negatively impact consumer choice and experience.

It is crucial for the government to reconsider the current guidelines and adopt a balanced approach. To achieve this, it is advisable to examine global best practices employed by countries such as Singapore, Australia, and the European Union, which have successfully implemented a carefully calibrated approach to regulating online content. These practices strike a balance between addressing concerns related to the portrayal of tobacco consumption and avoiding excessive disclaimer requirements.

In addition, they adopt an evidence-based approach when regulating the depiction of tobacco consumption online. While warnings and disclaimers play a role in informing consumers about the health risks associated with smoking, it is vital to consider broader factors that influence smoking habits, such as peer pressure and mental stress. Instead of burdening streaming platforms with stringent compliance issues, the government should focus on implementing comprehensive public health campaigns that effectively address these underlying triggers.

Lastly, it is essential for regulators to engage in consultations with industry players and experts during the development of regulations. By involving relevant stakeholders, policymakers can gain valuable technical insights and perspectives on the feasibility and practicality of the proposed regulations. This collaborative dialogue will ensure that the regulations are not only effective in achieving their intended goals but also reasonable and practical for implementation.

By re-evaluating the guidelines, adopting a balanced approach, and incorporating evidence-based strategies, the government can create regulations that effectively address concerns related to tobacco consumption depiction while supporting the growth of the industry.

Prahlad Kakkar is a leading Indian ad film maker and founder of Genesis Film Productions. The views expressed are personal