In a letter seen by Reuters, an Indian group representing Netflix, Amazon, and Disney informed the government that its new tobacco warning rules are impossible to implement for streaming titans and will violate the freedom of expression of content creators.
As part of India’s anti-smoking campaign, the country’s health ministry issued an order last month requiring streaming platforms to include static health warnings during smoking scenes within three months.
Additionally, India requires at least 50 seconds of anti-tobacco disclaimers, including an audiovisual, at the beginning and midway through each program.
As executives feared that the rules would necessitate the editing of millions of hours of Indian and Hollywood content, the three companies and Mukesh Ambani’s JioCinema streaming service recently participated in a private discussion to consider pushback options, including a legal challenge.
The letter from the Internet and Mobile Association of India (IAMAI) stated that the quantity of multilingual content on platforms is “extremely high” and that it would be impossible to include such warnings across all content.
Netflix, Amazon, Disney-backed coalition opposes India’s tobacco laws
In the letter, IAMAI asked the health ministry to reconsider the “onerous” regulations, citing a survey that found viewers indifferent to smoking depictions on streaming platforms.
Netflix declined to comment, while IAMAI and the other businesses did not respond promptly. The health ministry also remained silent.
In India, the popularity of Netflix (NFLX.O), Amazon (AMZN.O), Disney (DISN.N), and JioCinema has expanded beyond Hollywood content. On these platforms, popular Hindi content starring Bollywood actors contains smoke sequences.
Activists have praised India’s new regulations, stating that they will discourage smoking in a nation where tobacco murders 1,300,000 people annually.
According to IAMAI, the companies believe that content descriptors, which notify consumers with the label “smoking” in a video’s title, are more effective.
The group stated that “disruptions” induced by warnings were “problematic for creators who have made substantial investments.”
All smoking and alcohol-drinking sequences in cinemas and on television in India are required by law to contain health warnings, but there are currently no regulations for streaming services.
Woody Allen halted the release of Blue Jasmine in India in 2013 after discovering that mandatory anti-tobacco warnings would be added to its smoking sequences.
Sanjay Seth, from the non-profit Sambandh Health Foundation, stated that there should be no distinction between how smoking should be discouraged in the cinema and on digital platforms.
This must be implemented. It will save lives, declared Seth.