Nielsen files petition to dismiss NDTV lawsuit

By afaqs! news bureau , afaqs!, New Delhi | In Media Publishing | November 12, 2012
Nielsen states in the petition that the case belongs to India and not New York.

The New York Supreme Court has received a petition from Nielsen, the global ratings and research company, which seeks the dismissal of New Delhi Television's (NDTV) lawsuit over corruption in television ratings system in India.


Nielsen states in the petition that the case belongs to India and not New York. "The dispute presented here concerns the quality of a TV ratings data subscription service that plaintiff NDTV- a company headquartered in India - receives in India from TAM Media Research Private Limited (TAM), another Indian company, pursuant to an agreement executed between the companies in India," the company says in its petition.

In the petition, NDTV contends that in 1998, NDTV entered into a subscription agreement to purchase TAM's TV ratings data, which NDTV uses to promote its TV shows to advertisers in India. For the next 14 years, continuing to this day, NDTV has received this subscription service from TAM.

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.

"Now, at least eight years after NDTV determined that TAM's TV ratings data are 'not reliable', it sues four separate Nielsen entities - none of which is a joint venture 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 says.

Nielsen argues that NDTV has failed to name a necessary party to this dispute - TAM. NDTV's right to receive the TV ratings data subscription comes from its agreement with TAM. "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,"

the petition argues.

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