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Negative film reviews: High Court seeks explanation from Central, state governments

The Kerala High Court has sought an explanation from the Central and the state government on a petition to curb negative reviews by online vloggers on the day of the release of the film. Justice Devan Ramachandran's action was taken on a petition filed by Mubeen Rauf, the director of 'Aromalinte Adyathe Pranayam'. To assist the court, they have appointed Advocate Shyam Padman as amicus curiae.

The complainant has alleged that the vloggers are putting up negative reviews without even watching the film and that it negatively affects the film. He has also said that some vloggers are threatening to release negative reviews if they are not paid by the producers. Advocate CR Rakesh Sharma appeared on behalf of the complainant.

Cinema is the collaborative effort and dreams of a lot of people. Mubeen Rauf, whose film ‘Aromalinte Adyathe Pranayam’ released on October 6, has argued that it is cruel to write negative reviews of a film within minutes of its release on social media and there should be some restrictions on it.

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Once upon a time, film criticism used to be a credible and reliable profession. But today anyone with a smartphone can destroy a film. The complainant says this situation should change. He also observed that it has now become commonplace to put negative reviews without watching a film and to extort money from producers and the crew before the release of the film so that they don’t publish a negative review. Therefore he has appealed the High court to ensure guidelines and restrictions for film reviews on social media.

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Kerala High Court directs police to come up with plan to curb ‘review bombing’ of films

KOCHI: In an attempt to curb ‘review bombing’ aimed at denigrating newly released movies, the Kerala High Court has directed the state police chief to respond regarding the action to be taken against motivated and malafide film reviews.

The court issued the order on a petition filed by Mubeen Rauf,  director of ‘Aromalinte Aadyathe Pranayam’ alleging that there is an organised racket, particularly in the ‘online spectrum’, working to deliberately denigrate a movie with the intention of “unjust enrichment, coupled with blackmail and extortion”. 

The amicus curiae appointed by the court had informed that there is sufficient material to establish that there are such vested interests, some of whom even think that they can “make or break movies”. There is even a word for these activities — ‘review bombing’, the amicus curiae stated. 

Seeking the police chief’s response, Justice Devan Ramachandran said, scrutiny may be required at the stage of acceptance of a complaint, coupled with a preliminary inquiry before a crime is registered. The protocols in this regard will have to be carefully thought of, to ensure that honest and bonafide ‘reviews’ are distinguished from motivated and malafide ones.

The court also directed to inform how an individual or an entity can file a complaint against activities, including unlawful and motivated ‘review bombing’.

The court observed that every movie is an intellectual property. Apart from being so, it also entails the reputation, sweat, blood and aspirations of several people, not merely the producers, lead stars or directors.

There ought to be some measures in place where directors, producers or other persons associated with movies can make complaints, to trigger a proper investigation and the consequences that follow- both under the Penal Law and under laws relating to cybercrimes.

The Central government’s counsel said the functionaries of the Union government are also aware of the problem that exists not only in Kerala but also in other parts of India. Therefore, they will also deliberate upon this and inform suggestions before the court.

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Review Bombing| Kerala High Court Calls For 'Close Watch' Of Online Platforms Against Anonymous & Malicious Film Reviews

Navya benny.

25 Oct 2023 2:40 PM GMT

The Kerala High Court on Wednesday called for a 'close watch' on online platforms to ensure that that anonymous and mala fide reviews of films are not allowed to circulate on such platforms. Justice Devan Ramachandran directed the concerned authorities to take necessary action under the Information Technology Act ('IT Act'), and implement the same scrupulously, against any such...

The Kerala High Court on Wednesday called for a 'close watch' on online platforms to ensure that that anonymous and mala fide reviews of films are not allowed to circulate on such platforms. 

Justice Devan Ramachandran directed the concerned authorities to take necessary action under the Information Technology Act ('IT Act'), and implement the same scrupulously, against any such anonymous, malicious activities targeting films, or any others in the business sphere, with an intent to blackmail and to extort.

"A close watch on the online platforms shall be maintained to ensure that anonymous, mala fide content is not allowed to circulate, and necessary action under the IT Act shall be taken and implemented scrupulously without any delay," the Bench directed. 

The Court issued the above direction while considering a plea filed by the director of 'Aromalinte Adyathe Pranayam', seeking a gag order to ensure that social media influencers and film reviewing vloggers do not publish any reviews of the film for at least 7 days following its release, and another by the Producers' Association highlighting review bombings against newly released films. 

During the hearing today, Amicus Curiae Shyam Padman , drew the attention of the Court to the peculiar practice of certain persons acting anonymously on the online platform, in a malicious manner, which he submitted would fall foul of Sections 66C ('Punishment for Identity Theft') and 66D ('Punishment for cheating by personation) read with Section 79 ('Exemption from liability of intermediary in certain cases') of the IT Act.

The counsel submitted that he had obtained information regarding certain pages having fictional names, and operating without any credentials, thus making it completely anonymous. He thus submitted that the same would thus have to be appropriately dealt with by the police or the jurisdictional governments. 

"This is a new World, not one we grew up in. Freedom of speech and expression should not be used for justifying a crime. We are not covering a crime by Fundamental Rights. Suppose you go to a hotel and you didn’t like the food, you are entitled to your opinion. But you can’t use it to blackmail. There is a thin line between bona fide and mala fide acts," the Court orally remarked in this regard.

The Court was also informed that the State Police Chief (SPC) had drafted a protocol to deal with cases of motivated, malicious, negative movie reviews, review bombing, and so on. Senior Advocate Sudhi Vasudevan instructed by Advocate Shilpa, however, highlighted the importance of the Union of India involving with appropriate measures, based on the standards fixed by the Bureau of Indian Standards (BIS). 

Deputy Solicitor General responded on behalf of the Central Government that the same would require a studied response and recommendation therein, and sought two weeks' time for the same, which the Court permitted. 

"I have no doubt that the controversy that we are now dealing with is a dynamic one which will evolve in the times to come. This is because any protocol placed or any step taken by the competent authorities, will certainly be tried to be circumvented by persons who are acting with a lure of lucre. And obviously, the system will also have to be alive to the challenges that it faces from time to time," the Court observed . 

While terming the protocols formulated by the SPC as a 'welcome step', the Court added that more effort would be required in this regard, particularly in view of the standards prescribed by the BIS. 

The Court also granted liberty to the Amicus Curiae to verify and suggest sufficient modifications to the protocols suggested by the SPC.

The matter has been posted for further consideration after two weeks. 

Case Title: Mubeen Rauf v. Union of India & Ors. and connected matter

Case Number: WP(C) NO. 32733 OF 2023 and WP(C) NO. 33322 OF 2023

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Kochi: The Kerala High Court asked the amicus curiae to submit a report on introducing certain protocols, including a designated web portal, to resist the practice of “motivated, malicious, negative reviews” and "review bombing" of movies. The web portal allows the public and the film makers to share informations regarding 'review bombing'.

Previously, the state police chief came forward with protocols to prevent the practice of negative reviewing of recently released movies . The bench of Justice Devan Ramachandran directed amicus curiae Adv. Shyam Padman to look into the matter and compile a report. The court will next consider the case on February 13.

Justice Devan Ramachandran was hearing a petition filed by Mubeen Rauf, director of the film 'Aromalinte Adyathe Pranayam', and others against 'negative reviews' by the online vloggers.

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'No film review within 48 hours of release': Kerala High Court amicus curiae

The amicus curiae appointed by the kerala high court recommended that film reviewers refrain from publishing their reviews within the first 48 hours of a film's release..

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• Kerala High Court advised film reviewers to not post their reviews within 48 hours of a release
• Kerala HC appointed amicus curiae encouraged reviewers to provide constructive criticism
• Amicus curiae Shyam Padman also recommended a need for legal and ethical standards in reviews

The Kerala High Court, through its appointed amicus curiae (an impartial advisor), has suggested that film reviewers should refrain from publishing their reviews within the initial 48 hours following the release of a movie. Amicus curiae Shyam Padman suggested that dedicated portals on cyber cells should be prepared to receive complaints against negative reviews.

The ongoing debate on film reviews has taken an interesting turn in Kerala High Court. For those unknown, a petition was filed in court against the recent swing of movie reviews. Now, Kerala HC's amicus curiae, Shyam Padman, has suggested the reviews posted influence people's opinions. Thus, he recommended no reviewers should post their film critiques within the first 48 hours of the movie's release.

He also stated that negative reviews are posted for which makers don't agree to pay. Following that, Padman suggested the idea of dedicated portals to prevent 'review bombing'. Earlier, there have been complaints against several vloggers who intentionally share negative reviews to get monetised.

It has also been recommended that reviewers should post constructive criticism and avoid disrespectful language, derogatory remarks or any sorts of personal attacks against the cast or crew.

The report emphasises the importance of upholding legal and ethical standards, along with maintaining professionalism. Justice Devan Ramachandran directed to include the stance of the central government in the report.

'Film Industry Should Not Be Destroyed Due To Review Bombing': Kerala High Court

Curated By : Entertainment Bureau

Local News Desk

Last Updated: October 11, 2023, 16:05 IST

Kochi [Cochin], India

Kerala Film Producers Association and director Mubeen Rauf had filed a petition.

The court asked the state police chief to be cognizant of the difference between a professional review and one that sounds like a personal opinion.

The problem of “review bombing” is intensifying in the Malayalam film industry. To curb the issue which aims at condescending newly released movies, the Kerala High Court earlier directed the state police chief to take required action against motivated film reviews. The recent development suggests that the state police chief, along with other state machinery, will hold discussions with producers, directors and financiers related to the film industry.

On Tuesday, the government pleader informed the Kerala High Court that the discussions will be held to “formulate modalities of controlling calculated and motivated movie reviews”. The development came after the petition seeking regulation on film reviews was filed by the Kerala Film Producers Association and director Mubeen Rauf.

Justice Devan Ramachandran, in the recent hearing, made it clear that the court has not issued any order saying that there should not be any review within seven days of the film’s release. It added, “There is a situation where you can do anything if you have a phone in your hand. Only vloggers who intend to black through their film reviews would fear the court order. The film industry should not be destroyed due to review bombing.”

The court further pointed out, “Certainly, when a protocol has been called for by the court to be suggested by the state police chief, it is intended as a general one, to apply in future against all illegal tendencies. It surely will take some time to be properly drafted and settled.”

The high court asked the state police chief to be cognizant of the difference between a professional review and one that sounds like a personal opinion about a particular movie. It is worth mentioning that the director Mubeen, in his petition, alleged that there exists an organised racket in the online spectrum that works “only to denigrate a movie and has an intent of unjust enrichment, coupled with blackmail and extortion”.

Meanwhile, senior advocate Sudhi Vasudevan, counsel for the Producers’ Association, sought an order from the government to take the required action.

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Neru: Seeking Justice is a Malayalam movie released on 21 Dec, 2023. The movie is directed by Jeethu Joseph and featured Mohanlal, Priyamani, Anaswara Rajan and Siddique as lead characters. Other popular actors who were roped in for Neru: Seeking Justice are Jagadish, Mathew Varghese, Dinesh Prabhakar, Nandhu and Ganesh Kumar.

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ramana kinjarapu 2 69 days ago

ప్రతి అమ్మాయి తప్పక చూడవలసిన సినిమా

Yazhini 1 79 days ago

Feel good movie

C S Prakash Hande 368 80 days ago

Amazing movie mohan lal pulled it and big hats off to Jethu for pulling this, the climax was amazing press showed respect in the movie which does not happen in reality even there was a lacuna in the proceedings it's a nice movie.

ymanveethreddy 2 82 days ago

Best masterpiece movie ever

Suji Rao 118 84 days ago

Wonderful story, bezt acting.. when someone sees a movies they should be able to learn something. Here this movie teaches to be strong whatever situation cmes. Good movie

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