The Madras High Court dismissed a writ petition filed by the Tamil Film Active Producers Association (TFAPA) that sought to prohibit online movie reviews during the first three days following the theatrical release of any film. The court held that such a ban would infringe upon the essential right to freedom of speech and expression. Justice N. Anand Venkatesh emphasized that assessing newly-released films on mainstream media as well as platforms like YouTube, Facebook, Instagram, and X is an integral aspect of this right, meaning that producers cannot anticipate only favorable reviews.
The judge noted that the producers must confront the reality of the situation and should not try to suppress reviews. He remarked, “The relief you are asking for in this writ petition is untenable and cannot be granted by this court.” He also pointed out that the producers seemed to overlook the significant challenge that OTT platforms now present to traditional cinema, as many viewers are increasingly opting to enjoy new releases at home instead of in theaters.
During the hearing, the judge remarked saying “We exist in a time where negative feedback is directed at everyone, including judges. Just look at how I’ve been criticized on social media. We cannot eliminate such expressions. Today, everything and everyone can be reviewed, and it’s beyond anyone’s control.”
Furthermore, the judge questioned, “If I were to issue the order you are requesting, how would it even be enforced? I do not endorse issuing orders that cannot be implemented. What you are proposing is impossible before this court. The entire world is now under the influence of social media, and there is no individual, organization, or country that remains unaffected by the reviews or comments circulating on these platforms.”