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NEWS17 December 2012

NDTV defends request for TAM legal fight to be heard in New York

Asia Pacific Legal

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…

1 Comment

7 years ago

Faith of the 350+ Billion INR is on Stake, A system, A currency which governs this cannot be so thin.... with Market getting fragmented day by day and Multi Medium Engagement is the call for an hour the Industry need something better it need some thing like "Call for Action" and cant survive on "Perceived and Inflated Eyeballs" MarCom Professionals should know how their Investments are doing and should have a system for better Justifications Its Time for Call For Action" it Time for Better and Informed decisions it time to Cross over the "Bridge" Its Time for transformation fro ROL "Return on Luck" to "Return on Investment" ROI. its Time for "AdoRoi" Advertisement Objectives Returns on Investment. http://goo.gl/BtiHe Its a world of real time Justifications for your Media Investments

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