Amicus curiae suggests 48-hour ‘cooling-off period’ to review films in Kerala

This ‘cooling-off period’, said the amicus curiae report, will allow viewers to form their own opinions without being unduly influenced by early, potentially biased reviews.
Kerala High Court.
Kerala High Court.

KOCHI: Amid the raging debate on whether negative reviews posted on social media adversely affect a film’s collections or not, the amicus curiae appointed by the Kerala High Court has recommended a 48-hour cooling-off period between a movie’s release and reviewing it.

The report by senior advocate Shyam Padman suggested that vloggers and reviewers refrain from dissecting a movie in the name of reviewing it within 48 hours of release.

This ‘cooling-off period’, said the amicus curiae report, will allow viewers to form their own opinions without being unduly influenced by early, potentially biased reviews. The report proposed guidelines to regulate influencer reviews on social media, where no code of conduct/guidelines are in existence.

“Vloggers must avoid revealing major plot points or spoilers in reviews, especially during the initial 48-hour period post release. Spoiler-free discussions allow audiences to enjoy a film without having key moments ruined,” said the report filed in response to the petitions by the Kerala Film Producers Association and film director Mubeen Rauf seeking to regulate movie reviews on online platforms by influencers and vloggers.

The amicus curiae proposed that vloggers must maintain a respectful tone when reviewing films. “Disrespectful language, personal attacks, or derogatory remarks towards filmmakers, actors, or crew members are strictly prohibited. They should provide constructive criticism rather than simply tearing a film apart. Critiques should focus on specific aspects of the movie such as plot, character development, cinematography, and sound design, offering insights that can help filmmakers improve,” said the report. 

Portal for complaints

The amicus curiae report proposed measures to curb “review bombings” by constituting a dedicated portal for cyber cells to receive complaints regarding the practice.

Vloggers should fact-check reviews to ensure accuracy: Amicus curiae

The report said vloggers should fact-check reviews to ensure accuracy in their assessments. “Misinformation or false claims can damage a film’s reputation and mislead potential viewers. Social media vloggers have a responsibility to use the platforms ethically and responsibly. They should avoid sensationalising reviews for the sake of clickbait or generating controversy. Reviews should focus on providing valuable insights to audiences and contributing to meaningful discussions within the film community,” said the report.

It said any digital media film reviewer engaging in paid promotion of films by decoding movie trailers or any other form of promotion is required to comply with the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, as issued by the Central Consumer Protection Authority for Influencer Advertising in Digital Media.

It also proposed measures to curb “review bombings” by constituting a dedicated portal for cyber cells to receive complaints regarding the practice.

Creating fake profiles is one of the primary methods used in review bombing. The fake profiles are often set up to post negative reviews or ratings about a specific film. Individuals or groups may use automated tools or manual methods to create multiple fake accounts, which they then use to bombard a film’s page on social media with negative feedback. The report said the Union Information and Broadcasting Ministry should be tasked with crafting guidelines to govern movie reviews by social media influencers on platforms like YouTube, Facebook, Instagram, etc.

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