THIRUVANANTHAPURAM: Highlighting the fact that the Malayalam film industry was in the clutches of a power group, the Competition Commission of India (CCI) had said seven years ago that powerful organisations controlling the industry colluded with each other to ‘ban’ certain directors and threaten actors and other professionals out of working with ‘banned’ artists.
In an order dated March 24, 2017, the competition commission said that the Association of Malayalam Movie Artists (AMMA), Film Employees Federation of Kerala (FEFKA), FEFKA Directors Union and FEFKA Production Executives Union had indulged in anti-competitive conduct in violation of the provisions of Section 3 of the Competition Act, 2002. It also found that the then office-bearers of these organisations -- Innocent (AMMA president), Edavela Babu (AMMA secretary), Sibi Malayil (FEFKA president), B Unnikrishnan (FEFKA general secretary) and K Mohanan (FEFKA Production Executives Union general secretary) -- were liable for the anti-competitive conduct of their respective organisations under Section 43 of the Act.
The case originated after director Vinayan approached the CCI -- the statutory body under the Union government that enforces the Competition Act -- with a petition against AMMA, FEFKA, actors Mohanlal, Mammootty and Dileep, and the two sub-unions of FEFKA. The CCI imposed a fine of Rs 4.65 lakh on AMMA and Rs 85,594 on FEFKA. The Directors Union and the Production Executives Union were slapped with penalties of Rs 3.86 lakh and Rs 56,661 respectively. The competition commission also imposed a fine of Rs 51,478 on Innocent, Rs 19,113 on Edavela Babu, Rs 66,356 on Sibi Malayil, Rs 32,026 on Unnikrishnan, and Rs 27,737 on Mohanan. The CCI stated: “It is apparent how these associations affect the free and fair competition in the market and create hurdles for those who do not mend their ways to work as per the whims and fancies of these associations. Their might is also reflected by the fact that even renowned actors and players in the industry are not able to ignore or disregard their demands. So, it is required to be penalised to cause deterrence in future.”
Even though FEFKA and its sub-unions questioned CCI’s order in the Supreme Court, the apex court rejected the plea.
In his petition to CCI, Vinayan alleged that after he started an initiative ‘Cinema Forum’, aimed at making low-budget films with new actors, Mammootty, Mohanlal and Dileep felt insecure and began influencing people to scuttle it. In the inquiry carried out by the director general (DG) of CCI, actor Jayasurya had given a statement that AMMA and FEFKA have imposed an informal ban on any artist working with Vinayan. He also said that Sibi Malayil and Unnikrishnan had advised him not to work with the director. Veteran actor Madhu had stated that though he had accepted an offer in 2011 to act in Vinayan’s film, FEFKA office-bearers and other members dissuaded him from working with the director. Another art director, Salu George, also gave a statement that while working on Vinayan film ‘Dracula’, FEFKA general secretary informed him about the ban. Exhibitor Liberty Basheer said in an affidavit that Unnikrishnan asked him not to screen Vinayan’s film.
Producer Kannan Perumudiyoor had stated that though he paid an advance of Rs 50,000 to Vinayan for a film in 2014, the project was cancelled after Edavela Babu, Sibi Malayil and Unnikrishnan persuaded him. Producer Sudheer C V, too said that he had cancelled a project after giving an advance to Vinayan as Edavela Babu and Unnikrishnan demanded so.
ACTOR THILAKAN TOO FACED WRATH OF LOBBY
In the CCI director general’s report, it is said that FEFKA -- through two circulars -- had asked members not to cooperate with actor Thilakan until he withdrew his statement against the association. A study of the FEFKA circulars revealed that the association was enforcing a ban on Vinayan, the report said. Vinayan alleged that Thilakan was removed from Mohanlal-starrer ‘Christian Brothers’ only because he had acted in his film. Vinayan had also submitted an affidavit by Anil Kuzhunad, which said that during the AMMA general body meeting at Hotel Abad Plaza in Kochi in 2011, Mohanlal, Mammootty and Dileep asked him not to work with Vinayan.
CHAMBER TO STUDY REPORT
Responding to the findings of the Hema Committee report, the Kerala Film Chamber Commerce, stated that the association has not received any complaints and the committee report will be studied. Film Chamber general secretary Saji Nanthyattu said that the association has a clear perspective on the report. He said that female artists should not be labelled as ‘someone willing for adjustments’. There are offenders in the industry. But everyone cannot be labelled as criminals or mafia,” he said while addressing the media.
