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ARTICLE · 05 JANUARY 2024

Smoking Is Injurious To OTT Platforms

Saikrishna and Associates, Advocates
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The Ministry of Health and Family Welfare ("MoHFW") on 31.05.2023 had notified the Amendment Rules, 2023[i] under the COTPA[ii]. These Rules came into force from 01.09.2023.

IndiaMedia, Telecoms, IT, Entertainment
Kuber Mahajan
Kuber Mahajan
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The Ministry of Health and Family Welfare ("MoHFW") on 31.05.2023 had notified the Amendment Rules, 20231 under the COTPA2. These Rules came into force from 01.09.2023.

The Amendment Rules, 2023 aims to amend the COTPA Rules, 20043 and thus added Rule11 i.e. "Health spots, message and disclaimer in online curated contents of tobacco products by the publisher".

Mandates under the Amendment Rules, 2023

The Amendment Rules, 2023 by way of Explanation(a) and Explanation(b) to Rule 11 defines "online curated content" and "publisher of online curated content" ("OTT Platforms") respectively. These definitions are identical to the definitions provided under Rules 2(1)(q) and 2(1)(u) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules, 2021") respectively.

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