The Madras High Court, on December 3, refused to admit a petition by the Tamil Film Active Producers Association (TFAPA) demanding a three-day ban on film reviews published on social media platforms like YouTube, from the date of a movie’s release. The petition asked the court to direct the Ministry of Information and Broadcasting (I&B) to enforce guidelines and punishments for online film reviews that could allegedly lead to producers’ loss of revenue.
The TFAPA also included the state Information Technology and Digital Services Department, the Chennai Commissioner of Police and YouTube as respondents in its petition. The Association makes claims in its plea about “planted audiences”, “fake accounts,” and “vengeful” reviews. They further allege that the emergence of content creators on YouTube who review films has led to “huge revenue losses” for film producers.
The petition alleges that many negative reviews come from third parties who have the “intention to tarnish a film”. These third parties, “defame the producers, lead actors, director and other technicians without any basis, which leads to huge mental agony, damage to reputation and financial losses,” the petition claims. The petition also says that content producers on social media platforms are not governed by bodies like the Press Council of India.
The TFAPA is headed by veteran director Bharathirajaa. Its general secretary is T Siva, who filed the petition.
Demands to the I&B Ministry
The TFAPA petition demands that the I&B Ministry should be tasked with crafting guidelines to govern movie reviews by content producers on social media platforms like YouTube, X (formerly Twitter), Facebook and Instagram. In this respect, the Association put forward ten demands. The first is a 72-hour (3 days) ban on reviews from the date of a film’s release to prevent audiences from allegedly being “influenced” by “potentially biased reviews”.
The second demand is for the I&B to enforce “respectful tones” in reviews regarding the filmmakers, cast and crew. A violation of this guideline should lead to content being pulled down, the TFAPA has also demanded. The petition does not specify what the Association means by “respectful tones” apart from vague terms such as “derogatory reviews with disrespectful language”— potentially leaving room for indiscriminate objections to the contents of film reviews. According to the petition, it is producers who should have the power to identify content as “disrespectful” and ask the I&B to have the content removed.
The petition further asks the I&B to issue guidelines that ensure constructive criticism “rather than simply tearing apart a film in the name of freedom of expression.” Critiques, the petition says, “should focus on specific aspects of the movie such as plot, character development, cinematography, and sound design, offering insights that can help filmmakers improve in the future.” TFAPA has also demanded that the guidelines should oversee the prohibition of spoilers, the impact of negative reviews on the box office, adherence to copyright laws, privacy rights and social media community guidelines.
Claims of fake audiences and biased reviewing
The Association claims that “there is unrestricted freedom of expression currently in YouTube with no regulation or self-discipline leading to anyone and everyone can make wild allegations and blemish the reputation of others and their creation.”
The petition adds: “One of the most concerning phenomena that has surfaced in this new digital situation is known as ‘negative review’ or ‘review bombing’ that involves coordinated efforts to manipulate the ratings and reviews of a movie, often motivated by reasons unrelated to the actual quality of the film.” These “negative reviews” are allegedly from parties with “vested interests” who seek to “undermine the integrity of the reviewing process and present challenges to both filmmakers and audiences”. The “rise of a new generation of social media platforms like YouTube that hold significant sway in movie reviews” is concerning, the Association also said.
Such alleged ‘review bombings’ are a coordinated effort with the “specific agenda of leaving a large number of negative reviews or ratings for a particular film on platforms such as movie review websites or social media platforms,” the Association says. TFAPA also claims that these negative reviews are paid for by these unknown conspirators who want to “tarnish the film’s reputation”. These conspirators, the Association claims, pay twenty to thirty individuals to react negatively to a film on camera on the theatre’s premises. TFAPA even submitted a review of the recently released Suriya-starrer Kanguva, which was poorly received by audiences and film critics alike, as “evidence”.
TFAPA’s absurd demand comes in the wake of the Association’s November 20 statement directing theatre owners in the state not to allow media channels on the premises to record audience reactions, particularly on the day of release. At the time, Tamil Nadu Theatre and Multiplex Owners Association president Tirupur Subramanian had also given a press meet urging producers to approach the courts asking for a seven-day embargo on film reviews.
The Madras High Court, however, refused to entertain the petition. It may be recalled that an Amicus Curiae appointed by the Kerala High Court had in March this year, proposed a set of guidelines for social media influencers engaged in reviewing, including a 48-hour embargo on reviews from the day of a film’s release. The Kerala court has yet to decide the matter.