Chennai, June 26 (IANS) The Madras High Court on Thursday dismissed a writ petition filed by the Tamil Film Active Producers Association (TFAPA) seeking a ban on online reviews of newly released films for the first three days of their theatrical release, stating that such a restriction would violate the fundamental right to freedom of speech and expression.

Justice N. Anand Venkatesh, delivering the judgment, asserted that reviewing films – whether on mainstream platforms or social media sites like YouTube, Facebook, Instagram, and X – was an extension of the constitutional right to free speech.

“Producers cannot expect only positive reviews. Criticism, too, is a part of this right,” the judge observed.

Calling the relief sought by the producers “unsustainable,” the judge remarked, “The petitioners must accept the reality of the times we live in. Attempts to curtail public opinion or reviews are both impractical and legally untenable.”

He noted that the producers appeared to overlook the growing influence of Over-The-Top (OTT) platforms, which have drastically changed viewing habits.

“OTT platforms are slowly becoming the preferred choice for many viewers who now watch new releases from the comfort of their homes. This presents a real challenge to the survival of cinema theatres,” he pointed out.

During the hearing, Justice Venkatesh offered candid insights into the nature of online discourse. “We are living in an era where even judges are subjected to criticism online. Just look at what people have written about me on social media. These things cannot be controlled. Today, anything and anyone can be reviewed – it’s all beyond regulation,” he said.

Citing personal experience, the judge added, “When I come across a negative review about a movie, I make it a point to watch it, because often such reviews are motivated. In the age of social media, stopping one person from posting a review will only result in someone else doing it from another country, say, Azerbaijan. What can you do about that?”

He further questioned the enforceability of such a ban, saying, “Even if I were to pass an order as requested, how would it be implemented? I do not believe in issuing orders that cannot be executed. You are asking this court to do the impossible. Social media dominates the world today, no person, organisation, or country is immune to its influence.”

Justice Venkatesh emphasised that censorship was not the answer to negative publicity.

“In this era of social media, awareness is the only path forward. Society must learn to evaluate movies independently, without being overly influenced by others’ opinions,” he said.

He also noted that film reception is inherently subjective.

“Opinions about movies will always differ. Just because a few individuals post negative reviews doesn’t mean others won’t watch the film and form their own judgments.”

Highlighting that several films which initially received negative feedback eventually went on to become successes, the judge concluded: “History shows us that such films can bounce back. We must not underestimate the discerning power of the audience. Ultimately, awareness and critical thinking are the best tools we have.”

–IANS

aal/dan