Can reviewers be legally challenged when they criticise a film?

The Tamil Film Producers’ Council released a statement recently that has drawn the ire of film reviewers and journalists

July 09, 2019 06:22 pm | Updated 10:31 pm IST

Tamil film reviewers could face legal action if they ‘attack’ a film or actor

Tamil film reviewers could face legal action if they ‘attack’ a film or actor

Late on Monday, a statement released by members of the ad-hoc committee governing the affairs of Tamil Film Producers’ Council (TFPC) rattled feathers in the media industry.

It listed three problem points for film producers concerning their relationship with various media platforms. Out of the three, two dealt with the ‘expenses’ producers incur during press shows (and related film promotional events), even though the fault for perpetuating the long-standing practice for their own benefit, at a time when it was convenient and affordable to do so, lies with the film industry.

The third problem area for producers was the manner in which critics review a film. The statement reads, “In the guise of film criticism, any person who attacks films, actors, directors and producers, and crosses all limits, will attract legal action, and will be uninvited from Tamil film-related events.”

What attracted the sweeping statement against film critics across media platforms? Diamond Babu, a senior PRO in the film industry, is quick to clarify. “It is not a swipe taken at print journalists. But these days, every Tom, Dick and Harry is writing a film review, and they're wounding people with their comments. They say things like, ‘this person doesn’t know what film-making is’. It is a review of the film. So, don’t insult the individuals,” says Babu.

While it takes time for him to admit, Babu says that YouTube reviewers are the actual problem for Tamil film producers. While print reviews are ‘polished’, according to him, reviewers on the video sharing platform do not deliver the message in quite the same way to their subscribers.

And it is a problem for the producers only because the reach of YouTube reviewers is too big to be ignored now. For instance, where a controversial YouTube personality — ‘Blue Sattai’ Maran — who hosts the channel Tamil Talkies, scores over traditional news mediums is that every subscriber who clicks on one of his videos is there to consume his opinion on a particular film’s content. The same is not the case with, say, a newspaper subscriber. And Maran is edging closer to one million subscribers on his channel.

‘Blue Sattai' Maran of Tamil Talkies

‘Blue Sattai’Maran of Tamil Talkies

A source in the Producer’s Film Council indicates that the statement was primarily intended as a retort to Maran due to his style of reviewing films. Maran was unreachable for comment.

But another prominent YouTube reviewer, requesting anonymity, equates this stand-off with a simple analogy. “It is like if I purchase a product from the market and if I liked it, I will say it was good. If not, I'm going to say it was bad in not so glowing terms. Likewise, I'm a consumer of this particular film,” he says, adding, “The problem is simple. They (producers) don’t like the growth of Internet platforms. If they want to hold me responsible, they should know this... I’m responsible only for what I say, not for what they understand. Also, I have to be true to my subscribers. It is a matter of ethics as well.”

S R Prabhu, film producer and co-founder of Dream Warrior Pictures, is of the opinion that since “review writing has become a business”, it has to be done in an “ethical way”.

“As a producer, personally, I don't mind others making money out of criticising and using my content,” he says. Isn’t the Producers’ Council statement regarding legal action on film reviewers standing on thin legal ground, especially, as it would be at odds with the right to freedom of speech provisions in the Constitution? “Let the court of law decide whether it (reviews) amounts to freedom of speech or not,” he adds.

“It (legal challenge) is a bit far-fetched, if you ask me,” says Prashanth Rangaswamy, a YouTube reviewer, who hosts the channel ‘Tamil Cinema Review’. “A movie is a public product. It is not private property if I'm paying my money and obtaining tickets to watch it. I don't understand what prompted this statement,” he adds.

Prashanth Rangaswamy of Tamil Cinema Review

Prashanth Rangaswamy of Tamil Cinema Review

But the problem is perplexing, Rangaswamy says. While one group of producers are up in arms against YouTube reviewers, there is another group who promptly advertise their upcoming films in their videos. “Which only means that part of the producers agree with the style of reviews people are putting out in YouTube,” he explains.

However, T Siva of Amma Creations, a film producer, alleges that producers are arm-twisted to advertise by YouTube reviewers. “There are people who blackmail us. They ask openly. If we don't pay them (YouTube reviewers), they threaten to do a bad review of our film. The payment is not in cash but in the way of advertisements,” he says.

Siva, who is one of the members of the ad-hoc committee, says that he has been advising fellow producers to ignore YouTube reviewers because “they don't benefit our industry”. But why is it difficult to see film as a product that anyone can criticise or pass comments on? “I urge those who say it is similar to reviewing a soap or shampoo to try doing it. Will the corporate that manufactures the soap sit quiet while you tarnish the company? You will have to prove your accusations,” he says.

On the subject of personal insults, while S R Prabhu believes that it can only be decided on a case-by-case basis, Siva says that basic ethics needs to be adhered to. “They use words like avan , ivan etc while critiquing a film. It is unacceptable,” he adds.

Senior advocate of the High Court of Madras, Sudha Ramalingam, laughs at the suggestion that using what may be deemed as disrespectful pronouns in a sentence is grounds for a legal challenge. “It is up to the decency of the individual on how he or she speaks. But these are not things that a court can decide,” she says. As regards insults which may be of a personal nature, she adds that only those statements which can be construed as commentary on an individual’s personal life can be challenged. “In such a case, whatever is being said should only be true and not untrue,” she adds.

Diamond Babu, however, has the final word. “The truth is... irrespective of whether a film gets good or bad reviews, its fate is decided in the three days that it runs in theatres,” he concludes.

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