'Can't Curtail Free Speech': Madras High Court Rejects Plea To Ban Film Reviews For First 3 Days After Release

Justice Anand Venkatesh dismissed the plea, stating that such a relief was unsustainable and could not be granted by the courts. The court observed that such a relief, if granted, would amount to curbing the fundamental right to speech and expression of the citizens.

The court also pointed out that in this age of social media, it was not possible to prevent a person from posting reviews. It was also observed that such a review of the film's quality was part of the fundamental right of freedom of speech and expression. Saying that the producers could not expect only positive reviews, the court highlighted that even judges were often criticised on social media.

Thus, pointing out that it was almost impossible to stop such reviews, the court dismissed the plea.

The association, which works for the interest of film producers and helps the producers with the production, marketing, distribution, and management of the film, had argued that with the rise of social media platforms and the evolution of the cinema industry, there was a significant growth in the field of criticism also. The association argued that movie reviewers often played a huge role in shaping the audience perception, influencing the industry trends and fostering meaningful discussions on cinema.

However, the association pointed out that these criticisms have also brought in unimaginable challenges as sometimes a group of people were employed to spread negative review about a particular film due to past enmity or business rivalry leading to a biased opinion about a film even before the common audience gets a chance to watch it and form their own opinion.

Though the association agreed that there were genuine reviewers who gave fair criticism, it was pointed out that there was also an increase in YouTube channels that deliberately used derogatory words to increase their subscriber base.

Thus, pointing out that the producers had a legitimate right to safeguard their business and professional interest, the association had approached the court to prevent such review bombing within the first three days of the movies' release.

The court, however, opined that even if such a relief were granted, it would be impossible to implement the same. Thus, the court was not inclined to grant the relief and dismissed the plea.

Order copy awaited.

Case Title: Tamil Film Active Producers Association (TFAPA) v Union of India and Others

Citation: 2025 LiveLaw (Mad) 217

Case No: WP 36716 of 2024