ITV

Tag: NYSC

  • NDTV firm on legal pursuit against TAM

    MUMBAI: The New York Supreme Court (NYSC) is expected to give out its verdict on whether the complaint filed by Indian broadcaster NDTV against TAM‘s owning companies – Nielsen, Kantar and WPP – holds jurisdiction in America by mid January.

    A source informed indiantelevision.com that NDTV plans to keep on with its efforts against the TV ratings agency TAM and its holding companies irrespective of the judgement. “If the New York Supreme Courts rules that the case has jurisdiction in America, they will continue with it there. If the Court says India is the right country for this litigation, the broadcaster will pursue the case in India anew,” the source said on condition of anonymity.

    The parties currently involved are filing their amended complaints and/or motions to dismiss NDTV‘s lawsuit according to the deadlines given by the NYSC in September this year.

    In a recent interview with liveMint, WPP CEO Martin Sorrell commented: “NDTV doesn’t have just their restaurant lawyers involved, they have others as well now. They have upgraded. There is no development. Not to my knowledge, no. NDTV seems to have gone quiet on it.”

    The source said that “there is no point in making noise over nothing till the issue of jurisdiction is settled.”

    On the matter of lawyers, the industry insider explained that there is always a team of lawyers involved in such cases. While a certain set of lawyers worked on the preliminary complaints, when it is time for discussion and arguing in front of the judge another set of lawyers are called in. In essence it is as simple as saying, “Different roles to different lawyers.”

    NDTV has expanded its legal team on the case by getting on board law firm Pepper Hamilton which has handled legal matters for the Indian news broadcaster in the past as well.

    In October, NDTV informed the NYSC that it has dropped action without prejudice against Cavendish Square Holding B.V., J. Walter Thompson, IMRB International, a division of Hindustan Thompson Associates Private Limited, and Kantar Market Research Services Pvt. Ltd. which were named in the original document.

    Earlier this week, Prasar Bharti had approached the Competition Commission of India against India‘s lone TV ratings agency TAM insinuating anti-competitive practices. The pubcaster had filed the complaint against TAM on 16 November alleging that the ratings agency has been using its dominant position in audience measurement by excluding markets where Doordarshan channels have strong presence. The complaint was filed under section 4 of the Competition Act 2002, which pertains to abuse of dominant position by a market player.

  • Nielsen files for dismissal of NDTV lawsuit

    MUMBAI: Global ratings and research company Nielsen has filed a petition in the New York Supreme Court seeking dismissal of New Delhi Television’s (NDTV) lawsuit over corruption in television ratings system in India.

    Nielsen’s contention is that India, not New York, is the appropriate venue for the lawsuit. According to Nielsen, NYSC is the wrong court of law for the legal fight as NDTV receives its TV ratings data from Tam Media Research, a company that works in India.

    Earlier in August, WPP had filed a similar motion with the NYSC to dismiss NDTV’s lawsuit. NDTV had on 26 July filed its lawsuit accusing 31 entities, including TAM, Nielsen, Kantar and their officials, of knowingly allowing continuation of manipulation of television viewership data in favour of broadcasters willing to pay bribes to its officials or representatives.

    WPP owns half of TAM in India through its subsidiaries – Kantar and Cavendish, and the other half of TAM is owned by The Nielsen Company.

    In its petition, Nielsen has said that the dispute concerns the quality of a TV ratings data subscription service. “NDTV—a company headquartered in India—receives in India from TAM, another Indian company, pursuant to an agreement executed between the companies in India,” Nielsen said.

    Nielsen further argued that NDTV had been subscribing to the TAM ratings service since 1998, which it used for promoting its TV shows to advertisers in India. It also pointed out that while the Indian broadcaster claimed it had evidence that the ratings data was flawed, it sued Nielsen and the uninvolved subsidiaries eight years after that.

    “None of the four entities sued is a joint venturer in TAM or has ever executed an agreement with NDTV regarding TAM’s subscription service—in this Court, asserting a grab bag of irrational and defective claims apparently under New York state law. According to NDTV, these Nielsen companies should be held liable under contract and tort law based on meetings NDTV had with a few Nielsen representatives in 2012—in India—concerning NDTV’s allegations about TAM’s TV ratings data,” the petition said.

    Nielsen also argued in the dismissal plea that NDTV failed to name
    TAM, with whom it has a contract for the ratings services, as a party to the suit. “In the Amended Complaint, NDTV viciously attacks TAM’s reputation and seeks damages because TAM’s TV ratings data ‘are not reliable’ and ‘tainted by widespread fraud and corruption.’ TAM has a right to defend against such attacks, and NDTV should not be allowed to suppress that right by bringing a lawsuit in another country, where TAM has no contacts.”

    Nielsen also stated that NDTV’s lawsuit “blatantly ignores” the company with whom it has a contract.

    “Instead, NDTV attempts to transform a potential contract claim against TAM into tort and oral contract claims against the Nielsen defendants. Nothing in the law supports such a magic trick. Simply put, NDTV fails to allege a legal duty independent of a contract and fails to allege all of the elements needed to support each cause of action,” argued Nielsen.