OTT platforms must follow rules on liquor and tobacco content

MUMBAI: When advertising finds a new screen, regulation is never far behind. The government has reiterated that OTT platforms must follow the Code of Ethics under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including content classification requirements covering liquor, smoking, tobacco and psychotropic substances.

Responding to an unstarred question in the Rajya Sabha, Minister of State for Information and Broadcasting and Parliamentary Affairs L. Murugan said Part III of the IT Rules provides an institutional framework for digital news publishers as well as publishers of online curated content, including OTT platforms.

The response came after Rajya Sabha MP Haris Beeran asked whether the government was aware of surrogate advertising for prohibited liquor and tobacco products moving into OTT programming to bypass restrictions under the Cable Television Networks Act.

Beeran also sought clarity on whether the IT Rules and their 2026 amendments require pre-certification or labelling of embedded surrogate brands, as well as details of enforcement action and financial penalties imposed on OTT platforms since 2024.

Murugan said the Code of Ethics requires OTT platforms not to transmit content prohibited by law and to exercise due caution and discretion while publishing content.

The rules also require online curated content to be classified according to themes and messages, violence, nudity, sex, language, drug and substance abuse and horror. The classification framework specifically covers content involving “psychotropic substances, liquor, smoking and tobacco and imitable behaviour.”

Complaints alleging violations of the Code of Ethics are handled through the three-tier grievance redressal mechanism established under the IT Rules. Complaints received by the Ministry of Information and Broadcasting are forwarded to the concerned OTT platforms for resolution in accordance with the framework.

The minister also referred to a government advisory issued on 26 November 2024 to publishers of online curated content concerning the streaming of content related to narcotic drugs and psychotropic substances.

However, the government’s response stopped short of answering some of the questions at the heart of the issue.

It did not directly confirm whether surrogate advertising for prohibited liquor and tobacco products has shifted to OTT platforms. It also did not clarify whether the 2026 amendments introduce mandatory pre-certification or labelling for embedded surrogate brands.

Nor did the ministry provide details of enforcement action or financial penalties imposed on OTT platforms since 2024 for carrying uncertified alcohol or pan masala brand placements.

The response therefore reinforces the existing regulatory obligations for OTT platforms, but leaves unanswered whether the government plans a specific enforcement framework for surrogate advertising embedded within streaming content.