The Madras High Court stated that online movie reviews cannot be banned, as doing so would curb the fundamental right to freedom of speech and expression guaranteed by the Constitution, emphasizing the importance of digital voices in a democratic society.
The Madras High Court has ruled that it cannot prohibit online movie reviews, as doing so would infringe upon the fundamental right to free speech and expression.
In response to a petition filed by the Tamil Nadu Active Film Producers’ Association, which sought to ban online reviews for three days following a film’s release, Justice N. Anand Venkatesh stated that such an order is unsustainable.
He emphasized that granting the relief requested by the petitioners would effectively curb the right to free speech and expression, a fundamental right protected by the Constitution. He noted that reviewing movies on social media falls within this right.
Justice Venkatesh pointed out that even judges are not exempt from criticism on social media. In today’s rapidly evolving digital landscape, it is impossible to prevent individuals from posting negative reviews about films.
He added that while people should evaluate movies based on their content, they should not be swayed by online reviews on social media.
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The judge remarked that members of the producers association need to accept reality and refrain from attempting to block reviews. He stated,
“The relief sought for by them in the present writ petition is unsustainable and cannot be granted by this court.”
He pointed out that producers seem to have overlooked the new challenge posed by OTT (Over the Top) platforms, which are increasingly becoming the preferred option for many viewers wishing to watch newly released films from the comfort of their homes.
During the 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 social media. We cannot stop all those things. Today anything and anybody can be reviewed. It is all beyond control.”
He questioned,
“What if a review comes from Azerbaijan?”
Also 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 further stated,
“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.”
He emphasized that it is nearly impossible to stay such commentary, asserting,
“In the social media era, awareness is the only solution through which 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.”
Justice Venkatesh noted that opinions about films vary among individuals, and that negative reviews alone will not deter others from watching a movie and forming their own judgments.
He concluded,
“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.”