Fans outside a movie theatre in Chennai. File photo
| Photo Credit: R. Ragu
Tamil Film Active Producers Association (TFAPA) has filed a writ petition in the Madras High Court seeking a direction to the Centre as well as the State government to ban online review of movies for first three days, from the date of their theatrical release, on social media platforms such as YouTube, Facebook, Instagram and X.
Justice S. Sounthar on Tuesday ordered notices, returnable in four weeks, to the Union Ministry of Information and Broadcasting as well as the Information Technology and Digital Services department of Tamil Nadu government. Deputy Solicitor General R. Rajesh Vivekananthan accepted notice on behalf of the Centre.
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The judge, however, refused to issue an interim direction, pending adjudication of the main writ petition, to the Greater Chennai City Commissioner of Police for restraining YouTube channels from recording the views of the audience of newly released movies either inside the cinema theatre premises or in the vehicle parking lots.
When advocate Vijayan Subramanian, representing TFAPA, complained about the barrage of negative reviews, also known as “review bombing” shot in cinema theatres causing great harm to the film making business, the judge said the producers could always counter such negative reviews with their own positive reviews.
On being asked how courts could interfere with the right to freedom of speech and expression, the counsel said the right was subject to restrictions and that most of the reviewers cross the limits of criticism by making personal attacks against the actors, directors, producers and even the technicians involved in the movies.
However, the judge said the individuals subjected to personal attacks could seek other legal remedies available to them than praying for a gag order. Responding to it, Mr. Vijayan said, in the meantime, the filmmakers would end up losing business during the prime duration of first three days of the release of a movie.
When the judge wanted to know whether the producers were trying to criminalise film reviews, the lawyer said some of the YouTubers stage manage fake reviews by purchasing bulk tickets for the first day first shows and some of them intentionally fan negative reviews by creating fake social media accounts.
“You are concentrating only on negative reviews, what about the positive reviews that you get,” Justice Sounthar said and refused to issue an omnibus interim order directing the Commissioner of Police to prevent YouTubers from recording the views of the audience about newly released movies in cinema theatres.
When Mr. Vijayan pointed out that TFAPA, apart from seeking a three-day ban on online movie reviews, had also sought a direction to the Centre as well as the State government to frame guidelines to be followed by the online film reviewers, the judge decided to await the response of the governments to both the prayers.
In an affidavit filed in support of the writ petition, TFAPA president T. Siva said some of the YouTube channels indulge in ethical practices and make a fair criticism about the newly released movies. Others, resort to unfair practices to increase their subscriber base and in turn, destroy the movie business, he lamented.
He said making the film reviewers wait for a cooling off period of 72 hours from the time of the theatrical release of a movie would help in making the audience form their own opinion about the quality of a movie without being influenced by the biased reviews made through social media platforms.
He also insisted that the reviewers must address the filmmakers respectfully, indulge in constructive criticism and avoid spoilers
Published – December 03, 2024 10:03 am IST