Banning online film reviews equivalent to curtailing freedom of speech and expression: Madras High Court

The Hindu

a day ago

Holding that banning online review of movies for first three days of their theatrical release would tantamount to interfering with the fundamental right to freedom of speech and expression, the Madras High Court, on Thursday (June 26, 2025) dismissed a writ petition seeking such restriction filed by Tamil Film Active Producers Association (TFAPA).
Justice N. Anand Venkatesh said, reviewing the quality of newly-released movies on mainstream media as well as social media platforms such as YouTube, Facebook, Instagram and X was also a part of the fundamental right to freedom of speech and expression and therefore, producers could not expect only positive reviews.
The judge said, the members of the producers association should accept the reality and not attempt to foreclose reviews. 'The relief sought for by them in the present writ petition is unsustainable and cannot be granted by this court,' he observed dictating orders.
'Negative reviews about judges too'
He added the producers appeared to have conveniently forgotten about the new challenge posed to the existence of cinema theatres by the OTT (Over the Top) platform which was slowly turning out to be the preferred choice for many to watch newly-released movies at the comfort of their homes.
During the course of hearing, the judge told the petitioner's counsel 'we are living in an era when people give negative reviews even about judges. Just go and see how they have criticised me on the social media. We cannot stop all those things. Today anything and anybody can be reviewed. It is all beyond control.'
What if review comes from Azerbaijan?
He added: 'I follow a different practice. Whenever there is a negative review about a movie, I watch that particular movie because I know that it is done by some force. With social media, you can stop nobody. If you stop someone here, another person will do it from Azerbaijan. What will you do then?'
The judge also asked, 'even if I pass an order as sought by you, how can that order be implemented? I do not believe in passing orders which cannot be implemented. You are seeking an impossibility before this court. Today, the entire world is in the grip of social media. There is not a single person/organisation/country which escapes the review or comments made in social media.'
'Next to impossible to stop'
Stating it was next to impossible to stop such comments, he said: 'In the social media era, awareness is the only solution through which the society can tread a balanced path. People must gauge movies after watching them and should not be swayed by what others say about those movies.'
Also observing that the opinion regarding a movie would differ from person to person, Justice Venkatesh said, just because some persons give a negative review about a movie, that by itself, would not stop others from watching the movie and coming to their own conclusion.
'That is the reason why this court has said that awareness alone could be the panacea for the social media evil. History tells us that movies which faced such negative reviews in the beginning, actually revived themselves and proved to be successful. Therefore, people must not be undermined,' he added.