NEWS13 November 2012

Nielsen calls for dismissal of NDTV ratings lawsuit

Asia Pacific Legal North America

US — Nielsen has filed to dismiss a lawsuit brought against it in the New York State Supreme Court by Indian TV news network NDTV over allegations of TV ratings tampering in India.

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”.

WPP has already sought a dismissal, describing the case as “a desperate attempt… to drum up media coverage”.

Meanwhile Nielsen, in support of its dismissal motion, says “this case belongs, if it belongs anywhere, in India”.

“Although NDTV claims that it began to question the accuracy of TAM’s TV ratings data as early as 2001 and had actual notice that TAM’s TV ratings data were flawed by 2004 at the latest, NDTV has never pursued any action against TAM to remedy its complaints,” say Nielsen’s lawyers.

“Now, at least eight year after NDTV determined that TAM’s TV ratings data are ‘not reliable’, it sues four separate Nielsen entities – none of which is a joint venturer in TAM – asserting a grab bag of irrational and defective claims… NDTV’s claims against Nielsen have no merit and have no place in this court.”