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Reviewing online film is equivalent to freedom of speech and expression: Madras High Court

Representative image. File | Photo Credit: Hindu

To ban the online review of films for the first three days of its dramatic release, will be equivalent to intervening with the fundamental right to speech and freedom of expression, the Madras High Court on Thursday (June 26, 2025) dismissed a petition seeking such a ban filed by the Tamil Film Active Producers Association (TFAPA).

Justice n. Anand Venkatesh said, “Along with the quality of newly-provided films on mainstream media, social media platforms such as YouTube, Facebook, Instagram and X also were also a part of the fundamental right to speech and freedom of speech and expression and therefore, the manufacturers could not only expect positive reviews.

The judge said, the members of the Producers Association should accept reality and do not try to pursue reviews. He said, “The relief sought by him in the current writ petition is unstable and cannot be provided by this court,” he said, determining the orders.

‘Negative reviews about judges also’

He said that the producers had easily forgotten about the new challenge designed by the OTT (at the top) platform for the existence of the cinema theater, which was gradually becoming a favorite option for many people to watch the newly newly-proved films of his homes comfortably.

During the hearing, the judge told the petitioner’s counsel, “We are living in an era when people also give negative reviews about judges. Settle and see how they have criticized me on social media. We cannot stop all those things. Today anything else can be reviewed. It is beyond all control.”

What if the review comes from Azerbaijan?

He said: “I follow a different practice. Whenever there is a negative review about a film, I see that particular film because I know it is done by some force. With social media, you cannot stop anyone. If you don’t stop anyone here, another person will do it from Azerbaijan. Then what will you do?”

The judge also asked, “Even if I pass an order you have sought, how can that order be implemented? I do not believe in passing orders that cannot be implemented. You are looking for an impossibility before this court. Today, the whole world is in social media.

‘Next to impossible to stop’

It was impossible to stop such comments, he said: “In the social media era, awareness is the only solution through which society can walk on a balanced path. People should gauge films after watching them and what should be said about others about those films.”

Given that an opinion about one film will vary from person to another, Justice Venkatesh said, “Just because some people give negative reviews about a film, that in themselves, others will not prevent others from watching films and coming to their conclusion.”

“This is why this court has said that awareness alone can be a panacea for social media evil. History tells us that films that initially face such negative reviews, actually revive themselves and prove to be successful. Therefore, people should not be reduced,” he said.

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