KOCHI: Cautioning cops that their action, in no way, should infringe on the individual’s right to speech and expression, the protocol formed by the state police chief to curb the menace of ‘review bombing’ has stated that upon receiving a complaint of motivated and calculated movie review with a clear allegation of extortion, intimidation, threats and blackmail, an FIR will be registered, if a prima facie cognizable offence is established.
If the false statements in reviews harm the reputation of individuals including creators and artists, the reviewers could potentially be charged with criminal defamation. The protocol also pointed out that a sudden influx of reviews in a short period, often coordinated, can indicate review bombing.
The protocol was framed in response to an order of the Kerala High Court asking the police chief to take all possible steps to prevent publishing ill-motivated reviews and derogatory comments. With regard to the complaints without a clear allegation of cognizable offences, the protocol directs cops to verify if the complaints pertaining to a movie review potentially violates laws related to defamation or obscenity.
However, regarding false statements, the primary focus should be on the creator or artist and it should be verified whether there is an intention to harm their reputation. If such false statements are proven to be knowingly false or made with reckless disregard for the truth, and if they harm the individual’s reputation, they could potentially be subject to defamation claims. Expression of opinions, reviews, or critiques is generally protected as long as they are based on facts or reasonable interpretations of the work in question.
The protocol says that no expert committee/movie jury however competent can accurately predict the commercial and critical success or failure of a movie, which may even vary temporally and spatially. Hence, it is suggested to refrain from registering a criminal defamation case unless false statements are made about the creator or artist with the intent to harm their reputation. In cases where review bombing or calculated reviews involve online harassment, cyberbullying, or abusive behaviour, they may violate various provisions of the IPC or 66E and 67 of the Information Technology Act, 2000.
Responding to a query regarding the protocol, Vishal Menon, a film critic, said that the people have the right to express their opinion as they are paying for the ticket. “If you postpone a review by one week, then it might help the movie. That is the logic on which the discussion is going on. But how ridiculous is such a suggestion because people are paying for the tickets. How can the authorities curtail their right to have that opinion? The logic to curtail public opinion when you are paying for a ticket is embarrassing,” he said.