WP No. 36716 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-06-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 36716 of 2024 1. Tamil Film Active Producers Association (TFAPA) Rep. By Its General Secretary, T.Sivalingam (a) Siva, Having Office at E2/G, Gemini Parsn Apartments, Old No.599, New No.448A, Anna Salai, Chennai-6 Petitioner(s) Vs 1. Union Of India Rep. By The Secretary, Ministry Of Information And Broadcasting Room No.552, A-wing, Shastri Bhawan, New Delhi-110 001 2.The Deputy Director Of Media Coordination Broadcasting Wing, Ministry Of Information And Broadcasting, Room No.552, A-wing, Shastri Bhawan, New Delhi-110 001. https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 3.The Secretary Information Technology And Digital Services, Government Of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St. George, Secretariat, Chennai-09. 4.The Commissioner Of Police No.132, EVK Sampath Road, Park Town, Vepery, Chennai-07. 5.You Tube, Google LLC, Unit No.26, The Executive Center, Level 8, DLF Centre, Sanad Marg, Connaught Place, New Delhi-110 001. Respondent(s) PRAYER Directing the respondents 1 to 3 to ensure that the digital media platforms including persons running YouTube Channels, X (previously known as Twitter), Facebook, Instagram, does not review any new films for a period of 3 days from the date of release of the said film in theatres and consequently direct the 1 st to 3 rd respondents to frame guidelines for reviewing a film, by online film critics through social media platforms including persons running YouTube channels X (previously known as Twitter), Facebook, Instagram. For Petitioner(s): Mr.Vijayan Subramanian For Respondent(s): Mr.G. Balasubramanian, Mr.P.Arun Kumar Mr.K.G.Mahalakshmi for R5 Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal side) for https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 R4 Mr.R.Rajesh Vivekanandan Deputy Solicitor General for R1 & 2 Mr.V.Jeevagiridharan Additional Government Pleader for R3 ORDER The writ petition has been filed for the issue of a writ of mandamus directing respondents 1 to 3 to ensure that digital media platforms, including persons running YouTube, Facebook, Instagram, etc., do not review any new films for a period of 3 days from the date of release of the said film in theaters, and consequently, to direct respondents 1 to 3 to frame guidelines for reviewing films by online film critics through social media platforms, including persons running YouTube channels, Facebook, and Instagram. 2. 2. Heard Mr.Vijayan Subramanian, learned counsel for the petitioner and Mr.G.Balasubramanian, Mr.P.Arun Kumar, Mr.K.G.Mahalakshmi, learned counsel for the 5 th respondent, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal side) for the 4 th respondent, Mr.R.Rajesh Vivekanandan, learned Deputy Solicitor General for the 1 st and 2 nd respondent, Mr.V.Jeevagiridharan, learned Additional Government Pleader for the 3 rd respondent. 3. In the considered view of this Court, the petitioner association is claiming an impossible and unworkable relief before this Court. The entire world today is under the grips of social media. There is not a single person, organization, or country that escapes the review and comments made in the https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 social media. It is next to impossible to stop such comments from being posted on social media. There is no mechanism to stop the comments being made. In a social media era, awareness is the only solution to keep the society and its people on a balanced path. People must watch movies and form their own opinions rather than being swayed by others' opinions about the movie. Opinions regarding the movie will differ from person to person. Therefore, just because some persons give a negative review about the movie, that by itself will not stop others from watching the movie and coming to their own conclusion. That is why this Court insists that awareness alone will be the panacea for the social media evil. 4. History tells us that movies which faced such negative reviews in the beginning actually revived and proved to be successful. Therefore, people must not be undermined, and it should not be presumed that just because negative reviews are posted in the media, it will stop others from watching the movies. A review regarding a movie will also form part of the fundamental right to freedom of expression guaranteed under Article 19(1)(a) of the Constitution of India. Therefore, the producers' association cannot expect that only positive reviews will be given come for the movies that are released. Even negative reviews are a form of expression from persons who have watched the movie. If such reviews are prevented, it will amount to interfering with the fundamental right that has been guaranteed under Article 19(1)(a) of the Constitution of India. https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 5. The producers' association has conveniently forgotten about the new trend of OTT platforms, which have now virtually challenged cinema theaters, since many have started watching movies on OTT platforms in the convenience of their homes and are not willing to go to theaters. Therefore, even if there are no negative reviews, the fact that OTT platforms have opened up and almost all new movies are released on OTT platforms, that also becomes a greater challenge for theaters. 6. In the light of the above discussions, the petitioner association must accept reality and should not try to foreclose reviews given for movies and that too during a particular period. The relief sought in the present petition is unsustainable and cannot be granted by this Court. 7. In the result, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 26-06-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 To 1.Union Of India Rep. By The Secretary, Ministry Of Informaion And Broadcasting Room No.552, A-wing, Shastri Bhawan, New Delhi-110 001 2.The Deputy Director Of Media Coordination Broadcasting Wing, Ministry Of Information And Broadcasting, Room No.552, A-wing, Shastri Bhawan, New Delhi-110 001. 3.The Secretary Information Technology And Digital Services, Government Of Tamil Nadu, Namakkal Kavignar Maaligai, Fort St. George, Secretariat, Chennai-09. 4.The Commissioner Of Police No.132, Evk Sampath Road, Park Town, Vepery, Chennai-07. 5.You Tube, Google Llc, Unit No.26, The Executive Center, Level 8, Dlf Centre Sanad Marg, Connaught Place, New Delhi-110 001. https://www.mhc.tn.gov.in/judis WP No. 36716 of 2024 N.ANAND VENKATESH J. gd WP No. 36716 of 2024 26-06-2025 https://www.mhc.tn.gov.in/judis