In a major win for digital creators and freedom of expression, the Madras High Court firmly rejected a plea by the Tamil Film Active Producers Association (TFAPA), which sought a three-day ban on film reviews following a movie’s theatrical release. The court highlighted that banning or delaying film reviews violates the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution.
Court Upholds Right to Review Films on All Platforms
While delivering the verdict, Justice N. Anand Venkatesh clearly stated that reviewing films, whether on traditional media or platforms like YouTube, Facebook, Instagram, and X (formerly Twitter), constitutes a valid exercise of free speech. He declared that filmmakers must not expect only positive reviews or try to silence critical voices. The judge dismissed the producers’ plea as “unsustainable” and asserted that it clashed with constitutional rights.
Judge Says, “Even Judges Face Criticism”
Justice Venkatesh emphasized the impracticality of restricting reviews in today’s digital world. He noted, “We live in an era where people even criticize judges harshly online. Just look at the way they have criticized me on social media. No one can stop that.” He stated that criticism forms a normal part of public life, and society must accept it rather than try to block it.
Judge Explains Why Social Media Makes Control Impossible
The judge also explained that social media’s global nature renders such bans ineffective. He questioned, “If someone from Azerbaijan posts a review, what can you do then?” He stressed that digital platforms around the world allow anyone to share opinions, making such censorship meaningless.
Judge Urges Producers to Focus on OTT Challenge
Justice Venkatesh also urged producers to address the real challenge, the growing popularity of OTT platforms. He pointed out that streaming services now attract viewers who prefer watching new releases at home, and warned that targeting reviews would not bring audiences back to theatres.
Judge Promotes Public Awareness Over Censorship
Instead of pursuing censorship, the judge encouraged the industry and viewers to promote public awareness. He advised audiences to watch films and form their own opinions, rather than relying solely on online reviews. He explained that negative reviews do not always damage a film’s success, and he cited examples of movies that recovered from bad initial reviews to become hits.
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