NEWS17 December 2012
INDIA — New Delhi Television (NDTV) has published its reply to pleas for dismissal of its petition by TAM in the New York Supreme Court, arguing that the case should be tried in the US because the Nielsen Process originates and is controlled in the country.
Both WPP and Nielsen – co-owners of TAM Media Research – have filed papers to dismiss the lawsuit brought against them by the Indian TV news network over allegations of TV ratings tampering in India.
In its reply, NDTV defends its decision to prosecute in the US, saying “NDTV specifically chose to litigate in New York because it is the Nielsen defendants’ home and where the Nielsen Process is controlled. Choice of a defendant’s home forum is an important factor to be considered.”
The claims are primarily aimed at TAM Media Research but NDTV alleges that Nielsen and WPP – as joint venture partners in TAM – are also “liable for indulging in corrupt practices by manipulating viewership data in favour of channels that are willing to covertly provide monetary inducements/payments/bribes to TAM officials”.
The company added in its official reply: “The claims are about the defendants’ negligence, promises, acts and omissions relating to the dissemination of the corrupted, manipulated data in the marketplace, regardless of whether NDTV purchases it or not. Advertisers rely on that data, not NDTV. NDTV simply buys it to monitor the information that advertisers receive, whether corrupt or not. We are not seeking to prove the underlying acts of TAM, but rather that the defendants intervened in this matter; conducted an investigation in New York; made promises to NDTV; and then failed to live up to those promises, while continuing to profit nonetheless.”
“This action should not be dismissed for forum non conveniens. NDTV chose to sue these Defendants in New York because it is where the Nielsen Defendants reside. The claims have a strong connection to New York, and relevant documents and witnesses are here. It is not clear that NDTV would be able to obtain effective relief against Defendants in India. Therefore, there is no adequate alternative forum. The case must remain in New York,” NDTV concluded.
The case continues…