Source: The Hindu 

Introduction 

The Tamil Film Active Producers Association (TFAPA) has approached the Madras High Court with a unique request. They want to ban movie reviews on social media during the first three days after a film's release. Their main concerns include review bombing, fake reviews, and intentional attempts to damage a film's reputation through social media accounts. 

What were the Key Issues and Court Observation? 

• The Tamil Film Active Producers Association (TFAPA) filed a writ petition in the Madras High Court seeking a ban on movie reviews on social media for the first three days after a film's release. 
• Their primary concerns included review bombing, purchasing bulk tickets to manipulate reviews, and creating fake social media accounts to negatively portray films. 
• The producers argued that such practices unfairly damage a film's reputation and harm the creative ecosystem. 
• The Madras High Court appeared to be skeptical of a complete review ban, showing a strong stance in favor of protecting free speech. 
• The court seemed more interested in finding guidelines to prevent targeted attacks and intentional review bombings rather than implementing a total censorship. 
• Previous legal precedents, like the Kerala High Court's 2021 recommendations, suggested potential alternative approaches such as a 48-hour cooling-off period and guidelines for respectful reviewing. 
• The petition highlighted the complex relationship between filmmakers, critics, and audience feedback in the digital age. 
• The court's observations indicated a nuanced approach to balancing film producers' concerns with the audience's right to express opinions. 
• The final resolution of the petition remains pending, with the court likely to focus on creating protective measures without completely stifling public discourse.

Who is Reviewer? 

• Reviewers are diverse voices in the film ecosystem, ranging from professional critics to casual audience members who share their opinions about movies after watching them. 
• Traditional film critics are professionals who possess pensiveness, insight, and the ability to write incisive pieces that analyze and appreciate cinema beyond surface-level observations. 
• Modern reviewers include post-screening journalists with microphones, independent YouTube content creators, and social media users who provide immediate reactions and detailed critiques. 
• In the digital age, reviewers are no longer confined to traditional media, with the democratization of film criticism allowing passionate movie buffs to share their perspectives on various online platforms. 
• The film industry sees reviewers as a double-edged sword - welcomed when reviews are positive, but often targeted with legal threats or labeled as part of "propaganda groups" when criticism is unfavorable. 
• The line between a professional film critic and an amateur reviewer has blurred, with the key differentiator being the passion, resolve, and experience one brings to film analysis. 
• Reviewers are essentially the audience's representatives, providing insights that can potentially influence public opinion and the commercial success of a film, despite facing potential backlash from filmmakers. 

The Cinematograph Act, 1952 

• About  
  • The primary legislation governing the regulation of films in India is the Cinematograph Act, 1952.  
  • This Act provides the framework for the certification of films for public exhibition. The Central Board of Film Certification (CBFC) is established under this Act, and it is responsible for reviewing and certifying films based on their content.  
  • The CBFC classifies films into different categories such as U (Universal), UA (Parental Guidance), A (Adult), and S (Special), based on their suitability for various audiences. 
• Purpose of the Act (Section 1): 
  • An Act to provide certification of cinematograph films for exhibition 
  • Regulates exhibitions by means of cinematographs 
  • Extends to the whole of India, with some territorial variations 
• Film Certification Process (Section 4): 
  • Applicants must apply to the Board for film certification 
  • The Board can:  
    • Sanction film for unrestricted public exhibition 
    • Sanction film for adults-only exhibition 
    • Sanction film for specific professional/class exhibition 
    • Direct modifications before certification 
    • Refuse to sanction film for public exhibition 
• Board of Film Certification (Section 3): 
  • Constituted by Central Government 
  • Consists of a Chairman and 12-25 members 
  • Chairman receives salary, other members receive allowances/fees 
• Principles of Film Certification (Section 5B): 
  • Films cannot be certified if they:  
    • Threaten sovereignty and integrity of India 
    • Compromise state security 
    • Damage foreign relations 
    • Disrupt public order 
    • Violate decency or morality 
    • Involve defamation or court contempt 
    • May incite criminal offenses 
• Appeals Process (Section 5C): 
  • Applicants can appeal Board's decisions within 30 days 
  • Can appeal against:  
    • Refusal to grant certificate 
    • Granting only 'A' or 'S' or 'UA' certificates 
    • Directing modifications 
• Penalties (Section 7): 
  • Imprisonment up to 3 years 
  • Fines up to 100,000 rupees 
  • Additional daily fines for continuing offenses 
  • Stricter penalties for video film violations 
• Exhibition Licensing (Section 10-12): 
  • Cinematograph exhibitions require licensing 
  • Licensing authority is district magistrate 
  • License requires safety precautions 
  • State government can specify alternative licensing authorities 

Conclusion:

The Madras High Court seems hesitant to completely ban film reviews, focusing instead on protecting free speech while preventing targeted attacks. Previous legal discussions, like in the Kerala High Court, have suggested guidelines such as a cooling-off period and avoiding disrespectful language. The outcome of this petition remains to be seen, highlighting the ongoing tension between filmmakers' interests and audience's right to express opinions.