Lok Sabha Question No. 5669 (UNSTARRED), answered on 2017-04-07
Subject: “Film Rule” under the COTPA
Ministry: HEALTH AND FAMILY WELFARE
Asked by: PARVESH SAHIB SINGH

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

LOK SABHA UNSTARRED QUESTION NO. 5669 TO BE ANSWERED ON 7 th APRIL, 2017

## 'FILM RULE' UNDER TH E COTPA

## 5669. SHRI PARVESH SAHIB SINGH:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a) whether the Government has taken note of the report of a study titled evaluation of tobacco free film and television policy in India which points to lax implementation of the film rul e, under the Cigarettes and Other Tobacco Products Act (COTPA);
- (b) if so, the reaction of the Government thereto and the details regarding the recommendations contained in the report; and
- (c) the details of steps taken/ proposed to be taken by the Government in this regard?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SMT. ANUPRIYA PATEL )

- (a): Yes.
- (b): The Government is supportive of the recommendations contained in the report. The details regarding the recommendations contained in the Report are annexed.
- (c): The Government of India, under the ( COTPA ) ,Cigarettes & Other Tobacco Products Act, 2003 has  enacted  Rules  that  regulate  dep iction  of  tobacco  use  in  films  and  television programmes and inter - alia mandates display of Anti - tobacco health spots/disclaimers/message in all  films/TV  programme depicting  tobacco  products  or  their  use.  The  Rules  further  prohib display  of  brands  of  cigarettes  or  other  tobacco  products  or  any  form  of  tobacco  p placement  and  depiction  of  any  tobacco  products  or  their  usage  in  any  form  in  promot material s and posters of films and television programmes. For implementation of the Film Rules, the Ministry has been working closely with Ministry of Information and Broadcasting (a Ministry of Information and Broadcasting is the nodal Ministry on this subje ct) as well as with Filmand Television Industry.

## Recommendations contained in the Report titled 'Evaluation of Tobacco Free Film and Television Policy in India'

- An online platform that provides pre-approved content, especially the anti-tobacco health spots and audio-visual disclaimers that are expected to be more frequently updated, may  be  considered to facilitate the dissemination of preapproved  content  to the implementers of film rule. The dedicated website developed by MOH for hosting of these anti-tobacco health spots and disclaimers needs to be revived and re-launched.
- The appropriate implementation of the Film Rules must be supported. To facilitate implementation, clear guidelines with a check list may be developed as a reference tool for designated officials at the Central Board of Film Certification to refer to while reviewing and certifying films as compliant with the Rules.
- The  anti-tobacco  health  spots  and  the  audio-visual  disclaimers  must  be  rotated regularly,  preferably  every  3  months,  so  as  to  avoid  over  exposure  (and  resultant ineffectiveness) of the content among target audiences.
- The Ministry of Information and Broadcasting should put in place a mechanism to monitor  television  progr  ammes  that  display  tobacco  products  or  their  use  and  ensure compliance.
- Regular advisory be sent to all the TV channels and Film producers to ensure that all the  4  key  elements  of  the  Film  Rules  are  duly  implemented.  Non-compliant  anti-tobacco health spots, audio-visual disclaimer must be replaced with the approved ones.
- Monitoring and enforcement of the Film Rule must be strengthened. In particular, to strengthen implementation on television, the appropriate administrative channels for the smooth and streamlined implementation of all the key elements under the Film Rules must be identified.
- National Consultation with stakeholders is recommended  to  strengthen the implementation of the Film Rule.