Kerala High Court Advises Celebrities To Exercise Self-Restraint, Avoid Depicting Women In Derogatory Manner

The Special Bench of Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha, constituted to hear matters connected with the report of Justice Hema Committee, observed that since celebrities are capable of influencing the public, they have a greater fundamental duty and obligation to restrain themselves.

“Suppose we have any prominent actor portraying himself or herself in a manner that is derogatory of women, then the public will get influence by that and sometimes they even think this is acceptable conduct. That is the danger here. Now that actor can say he was only portraying a character which requires it. The question is not whether his expressing the character is good or not. What is the message that is going out? What you have to realize is that the more popular you become, the more influential you become in society, your rights also diminish to that extent because now you got a public interest and a public image to keep. So to that extent, your fundamental rights gets reduced in any society,” the bench observed orally.

The Court said every citizen has the fundamental duty to refrain from acting in a manner that is derogatory to women but a lot of issues go unnoticed because celebrities or actors get immunity from legal proceedings under the 'protective umbrella of freedom of artistic expression'.

The bench was however quick to add that it is not on the 'reasonable restrictions' on freedom of speech and expression entailed under Article 19(2) of the Constitution.

"The question is not one of Article 19 (2)…what is the content of his right? Does he start saying I have fundamental right to freedom and expression to the detriment of everyone?...Restrains are pretty much something not traceable to Article 19 (2). Restrictions are traceable to Article 19 (2) and that can be brought in only by legislation, and even Courts cannot issue directions…But restrain is something that you self impose based on your obligations under the Constitution...We know of celebrities who do not endorse a brand, they have a responsibility. A person of character who also has power to influence will take a decision not to endorse a bad product," it said.

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Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced by women in the Malayalam film industry. The report was published on August 19, 2024.

Court emphasized that when someone becomes a celebrity or attains a position of influence, they must understand that their growing popularity also comes with an increased responsibility to society and it becomes imperative that they refrain from engaging in activities that are prohibited by the Constitution. It added that celebrities share the responsibility to correct the social evil.

"When they find a product is defective, a person of character would immediately and who is in a position to influence would say that I am refusing to endorse this product anymore. Not everything needs to be legislated…You don't need any law. It has to come from within.”

It thus advised all celebrities to internalize their constitutional duties and obligations and to stop portrayal of women in a derogatory manner. “We are not talking about enforcement here, we are talking about awareness so that it will help people to internalize,” it said.

So far as complaints revealed under the Hema Committee report are concerned, Court said it will pass an order about action to be taken by the Special Investigation Team, in accordance with law.

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