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Concerns raised after FIR filed against film reviewers in Kerala
On Wednesday, Kerala high court had asked for a “close watch” on online platforms to ensure that “anonymous, mala fide content is not allowed to circulate” and necessary action be taken under IT Act
A day after the Ernakulam Central police booked several online movie reviewers and social media platforms on the complaint of a director that his movie was targeted in a negative manner in a bid to extort him, there are concerns over whether the move would lead to an infringement on the right to freedom of speech and expression.
In arguably the first such case to be booked in the state, the police acted on the complaint filed by Ubaini E, the director of the Malayalam film ‘Rahel Makan Kora’ which was released on October 13. The director had alleged that the accused targeted the movie soon after its release by posting negative reviews on social platforms, such as Facebook and YouTube, as part of a bid to blackmail and extort him. In fact, the first accused in the case had issued threats to him and attempted extortion, the complainant said.
The case was filed under section 385 (putting person in fear of injury to commit extortion) of IPC and section 120 (o)(causing nuisance/violation of public order) of the Kerala Police Act.
“We have taken the statement of the complainant and registered the case. We are now collecting the evidence including the videos of the so-called negative reviews posted on social media. We have asked the cyber cell to trace the videos posted on the accounts mentioned by the complainant as some of them have gone missing,” said Anish Joy, the station house officer, Ernakulam Central.
“Some of the accounts have not been identified. After identifying the accounts, we will send them notices for questioning,” the officer added.
On Wednesday, the Kerala high court had asked for a “close watch” on online platforms to ensure that “anonymous, mala fide content is not allowed to circulate” and necessary action be taken under the IT Act. The court gave the direction in response to a plea filed by a movie director seeking a gag order to ensure that social media influencers and vloggers do not publish reviews of a film for at least 7 days following its release.
Mathews J Nedumpara, a senior lawyer, said while a filmmaker facing extortion or harm to his reputation through ‘negative’ reviews can go for a civil suit for demanding criminal action is farfetched.
“If a producer or director has suffered injury, they can seek damages and remedy in the form of a civil suit. Injunctions can be sought. If the facts as alleged are true, then it’s a civil wrong. But demanding criminal action is absolute abuse and fully farfetched,” he said.
Aswanth Kok, an online reviewer named as an accused in the case, told a local news channel that while he has not received any notice regarding the case, he hinted at an agenda behind it. “I have not seen the film ‘Rahel Makan Kora’ nor have any reviewers that I know who have seen it. I have always spoken using parliamentary language without abusing anyone. I have spoken about certain characters and actors, but I have never personally abused them,” he said.
Directors like Ubaini are cheating producers, he alleged. “When a film flops, they don’t want to admit that it’s because the film is bad or that their work is bad. They want to claim that it didn’t work because of online reviewers and the public.”
Meanwhile, the Kerala Film Producers Association on Thursday called for a ban on conducting reviews within premises of theatres as well as a protocol for promotion activities. “Conducting reviews at theatre premises will be banned. Someone seeking an audience response of a movie at a theatre can’t be considered a journalist,” said G Suresh Kumar, a noted film producer.
